
Case Law Analysis
|Gujarat High Court
Section 125 CrPC | Loan EMIs for Second Family Cannot Reduce Child Maintenance Obligation, Even if Mother Earns More : Gujarat HC
The Gujarat High Court ruled that a father’s financial obligations toward his minor children under Section 125 CrPC cannot be diminished by EMIs paid on loans taken to support a second family, regardless of the mother’s income or the children’s scholarships. This clarifies that maintenance liability is anchored in the child’s need and the father’s capacity, not in competing familial expenses.
