As our society keeps thriving on victimhood of patriarchy, the Bombay High Court in its order dated June 16, 2022 rejected a father’s plea to modify the maintenance amount payable to his adult and working daughter.
The High Court observed that the adult daughter posting ‘glossy’ Instagram photographs and claiming to earn in lakhs, was not proof enough that she was independent.
Its Her Choice To Work Or Not | Bombay High Court Justifies Why Educated Wife Must Get Maintenance
Case:
The petitioner husband and his wife are fighting a divorce battle since 2014. The couple has 2 kids – one son and one daughter – both are major.
In 2018, family court had granted Rs 25,000 per month maintenance to adult daughter with effect from July 2015 till the disposal of the main petition. (As per current laws, Sons are eligible for maintenance from fathers till they turn 18, Daughters are eligible for maintenance from fathers till they get married. After marriage, these same daughters are eligible for maintenance from husbands).
However, in 2021 the father approached court to modify this maintenance order for his adult daughter, as he had learnt about her earning in lakhs through her Instagram profile. The father produced copies of her fancy modelling photographs and her social media profile, where she herself claimed to be earning Rs 72-80 lakh as a model.
Family Court
The family court had refused to modify its 2018 order granting interim maintenance of Rs 25,000 to major unmarried daughter under section 24 of the Hindu Marriage Act.
READ ORDER | ‘Kanya Daan’ Pious Obligation Of Hindu Father; Delhi HC Orders Man To Pay Rs 85 Lakh For Marriage Expenses Of Adult Daughters
Bombay High Court
After perusing printed copies of the daughter’s Instagram profile where she claimed she earned Rs. 72- Rs 80 lakhs as a model, Justice Bharati Dangre of the Bombay High Court upheld the family court’s observation that “photographs of instagram and her instagram biography is not sufficient to hold that she has independent and sufficient income.”
Justice Dangre observed,
It is a well-known fact that it is the habit of the youth of today to project a glossy picture and post the same in the social media though its contents may not always be true.
Justice Dangre said there wasn’t enough independent evidence to show the woman’s true income and therefore declined to interfere with the family court’s order on the father’s application. Rejecting the plea for modification, Bombay High Court remarked,
Considering the earnings of the petitioner-husband and his responsibility to maintain his daughter, who was found to be without any source of income and, particularly, when she is prosecuting her career at Pearl Academy, which warranted huge fees to be incurred, the modification application, in the wake of the paraphrased “subsequent developments”, on which the modification is sought, is rejected.
I do not see any illegality or perversity, in the impugned order and upholding the same.
READ ORDER | Major Daughter Not Entitled To Education Expenses From Father As She Does Not Want To Maintain Relationship With Him: Supreme Court
VFMI Take:
- When our laws itself look at educated and working girls/women as weaker sex, how can we expect to eliminate patriarchy?
- A law which binds a father legally to provide maintenance to a fully-abled educated and working daughter till her marriage, is ridiculous, thereby promoting idleness in such women
- Earlier, girls would get married between 21-25, however, today the norm has changed, most girls do not marry until 30 or even remain unmarried
- Should that mean she can be permanent liability on her father?
- In matrimonial battles, the custodial parents often use children as pawns to extract more money from estranged husbands
- In our opinion, both parents must be equally responsible to provide education to both children, irrespective of their gender, till they turn 21, post which parents should only be responsible, provided the children reciprocate with good conduct
- In most matrimonial battles, children have no communication whatsoever with their fathers (non-custodial parents), even abuse them, but when it comes to maintenance, they call it their legal right
Leave your comments on this case below.
READ ORDER | Instagram Profile No Proof That Adult Daughter Is Earning; Father Must Pay Maintenance Till She Gets Married:Bombay HC
— Voice For Men India (@voiceformenind) June 23, 2022
▪️Daughter entitled to maintenance frm father till marriage
▪️Post marriage, entitled for maintenance frm husband for lifehttps://t.co/jILQNvOFTa
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