Maintenance to Child--Income of Mother--Father Cannot Compel Impleadment Of Earning Mother To Dilute Statutory Maintenance Obligation Towards Minor Child
Under Section 144 BNSS, maintenance proceedings are summary in nature and contain no provision for impleadment analogous to Order I Rule 10 of the Code of Civil Procedure. The applicant, as dominus litis, retains absolute prerogative to choose parties against whom relief is sought. The statutory obligation of a father to maintain his minor child cannot be avoided by insisting on impleadment of the mother. However, where both parents are earning, the principle of shared parental responsibility requires the trial court to consider the income of both parents while determining the quantum of maintenance.
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