The
financial support received by the children from their parents is termed as
Child maintenance, and this right to maintenance cannot be restricted to two
times meals in a day only, but it depends upon the status, enjoyment and
necessary requirements of the child.
Provision and Laws under which a Child claim Maintenance
A
Child can claim Maintenance after filing a petition before the Court of Law
under the following provisions of the Act:
👦Under Section 125 of Criminal Procedure Code, 1973
👦Under Section 26 of the Hindu Marriage Act, 1955
👦Under Section 20 of Hindu Adoption and Maintenance Act,
1956
👦Under Section 3 of the Muslim Women (Protection of Rights
on Divorce) Act, 1986
Under
Section 125 of Criminal Procedure Code, 1973
Under
this Section the Magistrate may order a person to make monthly allowance for
maintenance in a case where any person who despite having sufficient means
neglects or refuses to maintain his
➣Legitimate or illegitimate
minor child who is unable to maintain itself; or
➣Legitimate or
illegitimate major child unable to maintain itself due to any physical or
mental abnormality/injury; or
➣Married daughter till she
attains majority if her husband is not able to maintain her.
A
minor child of any religion can file a petition through his/her legal guardian
before the Magistrate or family court for seeking maintenance and other
expenses, and the Court may also pass order for Interim Maintenance during the
proceedings.
This
Section does not exempt Muslim parents from maintaining legitimate or
illegitimate minor child, and under this Section a Muslim father cannot take
plea that he is not liable to pay maintenance to his legitimate minor child
aged above two years after he has divorced his wife through whom the child was
born.
Under
Section 26 of the Hindu Marriage Act, 1955
Under
this Act, the Court may pass Order during the proceedings with respect to the
custody, maintenance and education of Child.
Under
this Act, the Court may impose liability to pay maintenance to the child on
both the parents i.e. father & mother or either of them.
Under
this Act, any pending application in connection with education and maintenance
of the minor child shall be disposed of within sixty days from the date of
service of the notice to the respondent. This Section applies to Hindu child
only.
Under
Section 20 of Hindu Adoption and Maintenance Act, 1956
Section
20 of this Act deals with Maintenance of children and also aged parents.
Under
this section, a Hindu is bound, during his or her lifetime, to maintain his or
her legitimate or illegitimate children.
A
legitimate or illegitimate child may claim maintenance from his or her father
or mother as long as the child is a minor.
When
the child attains 18 years of age then he/she will lose the right to
maintenance under this Act.
However,
this section states that, the obligation of a person to maintain his or her
daughter, who is unmarried extends in so far as the unmarried daughter is
unable to maintain herself out of her own earnings or other property.
This
Section applies to Hindu only; hence if a person changed his religion then
he/she cannot claim maintenance under this Act.
Under
Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986
Under
this Act, a divorced Muslim woman shall be entitled to claim maintenance from
her husband, if
➤She maintains children
born to her before or after divorce for two years from the date of birth of
such children
The
right of a woman has no relation with the independent right of children.
➤She can compel her former
husband to provide maintenance to the children and it doesn't matter that the
children were born before or after the divorce.
The Court may pass order against the former husband for the imprisonment up to one year, if he fails to comply with the maintenance order.
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