mother has monthly income of 35000 and husband has monthly income of 21000 . minor of 7 years . mother claims maintenance for minor only . mother has no other liability . father has no other liability . marriage subsisting but living separately .
Resources of mother more than sufficient . Is claim for maintenance for minor justified ?
I think maintenance justified from the point of view of minor being the legal heir of the husband. It is not that she cannot maintain the minor, but it is also the resoponsibility to maintain minor son for the man.
A child is the responsibility of both the parents. If the mother is earning sufficiently you can submit the proof of her income and the court may reduce the amount of maintainance imposed upon the father.
Rashi, maintenance of wife, child and parents is the responsibility of a man according to law , if he is earning sufficiently. It doesnt mean to say mother has no responsibility towards her kid. As Archana ji mentioned, maintenance amount may be reduced if mother is earning.