Father bound to provide maintenance allowance to ward: Kerala High Court

A Division Bench of the Kerala High Court has held that the father of a child born out of an interfaith marriage has a legal obligation to give his child maintenance allowance.The Bench comprising Jus

A Division Bench of the Kerala High Court has held that the father of a child born out of an interfaith marriage has a legal obligation to give his child maintenance allowance.

The Bench comprising Justice A. Muhamed Mustaque and Justice Kauser Edappagath observed that the custom and statutes recognised the father as a natural guardian who was entitled to the custody of his minor child and property. The right necessarily carried with it a corresponding duty to take care of the child. Since the father was recognised as the guardian, he was under a duty to maintain and protect the child.

The court added that caste, faith, or religion could not have any rational basis for determining the parental duty of a father. All children had to be treated alike irrespective of the faith or religion professed by the parents. The court also observed that an unmarried daughter of an inter-religious couple was entitled to marriage expenses from her father.