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Rejecting the petition against the maintenance order, the court said that the child should not bear the cost of the discord between the parents. delhi news

Rejecting the petition against the maintenance order, the court said, the child should not bear the cost of the discord between the parents.

New Delhi: Holding that a father’s financial capacity must translate into a life of dignity and opportunity for his child, a Delhi court dismissed a husband’s appeal challenging a Rs 50,000 monthly ad-interim maintenance order.Noting that “a child does not choose his parents’ discord, yet suffers its darkest consequences,” Additional Sessions Judge Anuj Aggarwal ruled that the duty to provide remains regardless of the mother’s financial independence. The appeal filed by Gaurav Aggarwal was dismissed, with the court finding the amount awarded to be fair and reasonable.The court also said that the law not only takes steps to resolve disputes between the parties but also ensures that “the child is not deprived of dignity, protection and opportunity.” The court said, “The financial capacity of the father cannot remain a mere figment of imagination; it must translate into a life of reasonable comfort and development for the child, who is his child.”The case arose out of Gaurav Aggarwal challenging a February 2026 order directing him to pay Rs 50,000 per month as interim maintenance for his minor child. She argued that the amount was “excessive”, citing her former husband’s financial independence and her own liabilities, while also raising issues such as increased expenses and other controversies.However, the Court held that the impugned order was purely an “ad-interim arrangement” passed at the initial stage to ensure immediate maintenance of the child, with the main application for interim maintenance still pending. It added that at this stage, only a prima facie assessment of the financial capacity and immediate needs of the child is necessary and not a detailed investigation of the disputed facts.Referring to Gaurav’s declared income of approximately Rs 3,27,093 per month, the court found the maintenance amount to be neither excessive nor disproportionate, noting that the needs of a child “extend beyond basic survival to include education, health care and overall development.” It further states that although the independent income of the mother is a relevant factor, it does not affect the liability of the father.

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