BIOLOGICAL FATHER IS LIABLE TO MAINTAIN HIS CHILD": DELHI HIGH COURT

The Delhi High Court recently upheld the trial court orders denying maintenance to a child who was born after one month of the marriage of the parties.

- ASHISH SINHA

The high court took note of the DNA report which stated that husband of the petitioner is not biological father of her child.

Justice Swarana Kanta Sharma stated, “In face of DNA report existing on record, respondent (husband) can’t be held liable to make payment of maintenance to the child, even though the child was born during the subsistence of marriage between the petitioner and respondent.

Justice Sharma stated in this regard that, the law is also settled that the biological father is liable to maintain his child.

The bench also took note of the arguments of counsel for respondent that he was a minor at the time of marriage. Therefore, the marriage itself is void.

It was also argued that the petitioner wife concealed the fact of her earning from the court.

The high court stated, “This Court is of the opinion that at the stage of grant of interim maintenance, a prima-facie view of the facts placed before the Court had to be taken, along-with the affidavit of income and expenditure filed before it by the parties concerned, as per settled law. The factors for deciding the grant of maintenance are also settled in this regard.

The high court stated that in this case, even if it is the case of the petitioner that she was working as a cook or domestic help and was earning earlier, at present, there is nothing on record to reveal that she is earning anything or is working anywhere.