The Hindu : HC directive to Christian father

Online edition of India's National Newspaper
Friday, Jul 11, 2003

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National

HC directive to Christian father

By K.C.Gopakumar

KOCHI July10 A five-judge Bench of the Kerala High court has held that a Christian father is under an obligation to maintain his minor children.

The Bench, consisting of the Chief Justice Jawahara Lal Gupta, Justice S. Sankarasubban, Justice K.A. Mohammed Shafi, Justice M. Ramachandran and Justice Kurian Joseph, made the ruling on Wednesday while over ruling an earlier verdict of a three-judge Bench holding that a Christian father had no legal obligation to pay maintenance for his minor children in a civil proceeding initiated by his wife. (As per Section 125 of the Criminal Procedure Code, husbands, irrespective of their religions, are bound to provide a monthly allowance to the wife and children for their maintenance if the wife files a petition before a criminal court. However, the civil suit is being filed to get a higher amount).

The court held that the right to life was fundamental. Every other provisions of the law, personal, public or private had to confirm to the Constitutional mandate. It must be interpreted in a manner that would promote the Constitutional principles. Caste, faith or religion provided no rational basis for determining the parental duties. No scripture says that a man shall not take care of his young one.

The court delivered the judgment while allowing petitions filed by a Christian father's wife challenging the orders of civil courts dismissing their plea for a declaration that their husband was bound to pay maintenance for their children.

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