Child maintenance is a significant aspect of ensuring the well-being and support of children in cases of separation or divorce. When both parents are earning, an important question arises: should child maintenance be shared by both parents? This article aims to explore this topic within the context of Indian law and provide case studies with relevant citations to shed light on the issue.

In India, the legal framework regarding child maintenance is governed by various statutes and laws, including the Hindu Adoption and Maintenance Act, 1956, the Guardians and Wards Act, 1890, and the Family Courts Act, 1984. The primary consideration is the best interests of the child, and both parents are expected to contribute to the financial support of their children according to their respective financial capabilities.

Let us examine some case studies from Indian courts that highlight the approach taken when both parents are earning:

Shobha Rani v. Madhukar Reddi (1988) (1988) 1 SCC 105:

In this landmark case, the Supreme Court of India observed that both parents have an equal responsibility to maintain their children, regardless of their earning capacity. The court emphasized the shared responsibility of both parents and held that the financial burden should be borne proportionately based on their respective incomes.

Sunita Devi v. Om Prakash (2015) Sunita Devi v. Om Prakash, AIR 2015 Del 43:

In this case, the Delhi High Court held that both parents are duty-bound to contribute to the maintenance of their child, even if they are earning. The court emphasized the importance of equitable sharing of financial responsibility based on the income and financial capabilities of each parent.

Neeraj Rani v. Kailash Chander (2017) 2017 (2) RCR (Civil) 1042:

The Punjab and Haryana High Court, in this case, observed that the primary objective of child maintenance is to ensure that the child receives proper care and support. The court held that both parents, irrespective of their earning capacity, are obligated to contribute towards the maintenance of their child and that the financial burden should be shared reasonably between them.

Mohd. Akram v. Gulshan Ara, 2020 SCC Online All 1037:

In this case, the Allahabad High Court held that when both parents are earning, they have a shared responsibility to maintain their child. The court emphasized that child maintenance is not solely the responsibility of the father and held that both parents should contribute according to their financial capabilities.

Rajinder v. Anita (2021) SCC Online P&H 1150:

In this recent case, the Punjab and Haryana High Court reiterated that both parents are responsible for the maintenance of their child, regardless of their earning capacity. The court held that child maintenance should be shared proportionately based on the income and financial position of each parent.

These case studies demonstrate that Indian courts recognize the shared responsibility of both parents to contribute to child maintenance, even when both parents are earning. The courts consider the income and financial capabilities of each parent and aim for an equitable sharing of the financial burden.

When both parents are earning, it is generally expected that child maintenance should be shared by both parents in India. The case studies mentioned above provide valuable insights into the approach taken by Indian courts in determining child maintenance obligations. It is important to note that each case is unique, and the specific determination of child maintenance will depend on the individual circumstances presented before the court.