A father is obligated to maintain his children and a reasonable standard must be assumed for determining quantum of their maintenance allowance. It goes without saying that the court while.....

A father is obligated to maintain his children and a reasonable standard must be assumed for determining quantum of their maintenance allowance. It goes without saying that the court while considering the quantum of maintenance will take into consideration the fundamentals of the minors education, status, general expenses. The court must also take into consideration reasonable probability of obtaining education and the ability to take care of the minors in a stable, safe and healthy environment. Without due consideration of all these factors, the court cannot conclude positively the quantum of maintenance. There is no hard and fast formula for determining quantum of maintenance and the main consideration for the Court is the ability of the father to maintain the minors. This way merely stating that he is short of resources will not discharge him of his obligation. The basic objective for determining maintenance is to ensure that in all probability the minors are maintained by the father in dignified manner with reasonable comfort and that the mother of the child is not left to bear the burden of taking care of the minors. Quantum of maintenance requires due consideration of all factors on the basis of which the court can determine the actual need of the minor. In this regard, it is important for the court to keep in consideration the expenses incurred or likely to be incurred on the minors. Yet for the purpose of maintenance it is the obligation of the father to fulfill needs of his kids.

2024 LHC 2206