The Jharkhand High Court has ordered a man to pay Rs 90,000 per month in maintenance to his ex-wife and their autistic son after it was revealed, through a Right to Information (RTI) request, that he was earning over Rs 2.3 lakh per month at an IT firm in Mumbai.
The man had previously claimed in court that he was unemployed to avoid paying alimony and child support. The court’s decision, delivered by Justices Sujit Narayan Prasad and Rajesh Kumar, recognises the mother’s inability to work due to her son’s intensive care needs and mandates a 5% biennial increase in maintenance, with direct bank transfer provisions to ensure compliance.
High Court Recognises Lifelong Care Burden
The High Court enhanced the maintenance to Rs 50,000 per month for the wife and Rs 40,000 for the son, highlighting that autism is incurable and requires continuous, specialised care and therapy, which imposes a lifelong burden on the mother.
The bench stated, “Motherhood in cases involving special-needs children involves extraordinary demands on time, attention, and emotional labour that cannot be measured in monetary terms alone.”
The judges rejected the husband’s claim that the wife was self-sufficient, noting that her full-time caregiving duties make outside employment impossible. The court also warned that if the husband defaults, payments may be routed directly through his employer, and emphasised the moral and legal responsibility of the father to provide for both mother and child.
Background: Deceit, Abuse Allegations, and Legal Struggle
The couple married in 2010, but the relationship soon deteriorated amid allegations of severe cruelty, dowry harassment, and abandonment. Their son, born in 2012, was diagnosed with autism.
The wife alleged that her husband cut off communication and refused to support her and the child, prompting her to file a complaint with the National Commission for Women in 2014. Despite an attempted reconciliation in 2015, the family court initially awarded her a one-time alimony of Rs 12 lakh and Rs 8,000 per month for the child—amounts she challenged as inadequate given her husband’s real income and the high costs of lifelong care for their son.
The RTI application exposed the husband’s actual salary, leading to the High Court’s intervention and enhanced maintenance order.
The Logical Indian’s Perspective
This judgment is a landmark affirmation of the rights of single mothers and children with special needs, setting a precedent for truth, empathy, and accountability in the justice system.
By recognising the realities of lifelong caregiving and ensuring adequate, inflation-adjusted support, the court has demonstrated a commitment to dignity and justice.
