Maintenance to Child -- Liability of Both Parents -- Not exclusive on father
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Child -- Liability of Both Parents -- Duty to maintain a minor child rests on father and mother alike, according to their respective means -- Held; that the word "his" in Section 125 does not confine the obligation to the father -- Financial capacity of both parents must be considered while fixing maintenance. (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Child -- Earning Mother with Higher Income -- Mother who earns cannot wholly disclaim the duty to contribute to the expenses of the child, more so where her income exceeds the income of the father -- Held; that residence of the child with one parent does not place the whole financial burden on that parent or on the other.
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