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.
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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