Grandfather when is affluent, then the obligation to maintain children lies on the grandfather but only when father is poor, infirm and incapable of earning by his own labour and mother is also poor.
Fixing quantum of maintenance always requires to strike a balance between needs of minors and earnings of a father as well as his other sources. The award in favour of minors should not be incompatible or inconsistent with the financial conditions of father or the one who is held to be obliged by law to take care of children. The learned Family Courts should consider the education, medical, food expenses and other day to day needs of minor(s) at one side and on the other hand, the Courts are required to determine the financial status of the father.
While doing the implementation it should also be borne in mind that the case is one of maintenance and decree should be passed after taking into account the requirements for proper upbringing of a child or children after scrutinizing income and finances of father but at the same time the order should not result into unjust enrichment of one side or operate as vexatious or oppressive to a father.
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