The ruling was delivered by Justice Roshan Dalvi who heard an appeal filed by the husband against a lower court order.
Quashing the lower court's order, Justice Dalvi said "when a party choses to keep the custody of the child and consents for full and final settlement in the interest of the child, that party must presume and see the consequences of the custody and apply for whatever amount that he or she needs to that end."
The couple obtained divorce by mutual consent on March 4, 2005, and agreed to permanent alimony and maintenance for the child.
According to the decree, Rs ten lakhs was to be given (Rs seven lakhs to the wife as permanent alimony and Rs three lakhs to the child for his upkeep and maintenance).
This amount was to be paid in four instalments, of which three were paid. However, before the final instalment could be paid the wife filed an application in the family court for the maintenance of the child.
The applicant claimed that Rs three lakhs for the child which was kept in a bank fetched her a monthly interest of Rs 2000. At the time of divorce, her child was in class I and now the child in class 9.
The expenses to maintain the child have gone up such as tuition fees, hiring a domestic servant and medical fees, she pleaded.
The applicant further contended that it was the duty of the father to pay for the maintenance of his minor child. If the child needs any specific unusual expenses they could be applied for, she pleaded.
However, the High Court, rejected her plea saying such an application is an abuse of process and cannot be allowed.
