Child Maintenance Under Indian Law
Both parents are obligated to maintain their children under Indian law. Child maintenance covers food, clothing, shelter, education, medical care, and other expenses necessary for the child's proper upbringing. The obligation exists regardless of whether the parents are married, separated, or divorced. Several legal provisions govern child maintenance in India.
Legal Provisions for Child Maintenance
Section 125 CrPC: Provides for maintenance of minor children (legitimate or illegitimate) who are unable to maintain themselves. The court can order the father to pay up to Rs. 500 per child per month, but courts routinely award higher amounts based on the father's income.
Hindu Adoption and Maintenance Act, 1956: Under Section 20, a Hindu is obligated to maintain their children, including unmarried daughters. The obligation extends to both legitimate and illegitimate children.
Guardians and Wards Act, 1890: The court can order payment for the child's maintenance as part of custody orders.
Domestic Violence Act, 2005: Monetary relief under Section 20 can include maintenance for children.
Who Can Claim?
Minor children (below 18 years) can claim maintenance from both parents. Major children can claim if they are unable to maintain themselves due to physical or mental disability. Unmarried daughters can claim maintenance until marriage, regardless of age. In some cases, children pursuing higher education have been granted maintenance beyond 18 years.
How is Maintenance Calculated?
Courts consider: the father's income and assets, the mother's income (both parents are responsible), the child's age and needs, educational expenses, medical requirements, the standard of living the child would have enjoyed if parents were together, and the number of dependents. Typically, child maintenance ranges from 15% to 25% of the father's net income, divided among the children.
How to File for Child Maintenance
File a petition under Section 125 CrPC before the Magistrate. Alternatively, file a civil petition under the Hindu Adoption and Maintenance Act or as part of divorce proceedings. The application should include: the child's birth certificate, proof of the father's income, details of the child's expenses, and medical or educational documents. Interim maintenance can be obtained during proceedings.
Enforcement of Orders
If the parent fails to pay, the court can attach salary, bank accounts, or property. The defaulter can be imprisoned for up to one month per month of default. The court can also issue a warrant for recovery. Maintenance orders are enforceable across state boundaries.
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