- 21-Dec-2024
- Family Law Guides
Yes, children can claim maintenance from their estranged parents under Indian law, whether the parents are legally married or separated, divorced, or living apart. Both parents have a legal obligation to financially support their children, and this responsibility remains intact even after separation or divorce. Indian law recognizes the child’s right to receive financial support from both parents to ensure their well-being and development, and it offers legal recourse for the child to claim maintenance.
The right of a child to claim maintenance is governed by several provisions in Indian law, primarily the Criminal Procedure Code (CrPC), the Hindu Adoptions and Maintenance Act, and the Guardians and Wards Act.
Section 125 of the Criminal Procedure Code (CrPC) provides a fast-track remedy for children to claim maintenance from their parents, particularly in cases where the parents are estranged, separated, or divorced. This section specifically mandates that a person (usually a father) is required to provide maintenance to their minor children who are unable to support themselves.
The law applies to all citizens of India, including Hindus, Muslims, Christians, and others. Under this provision, a parent’s failure to provide financial support to their children can lead to the family court ordering the parent to pay maintenance. The amount is determined based on the financial capacity of the parent and the needs of the child.
Under Section 20 of the Hindu Adoptions and Maintenance Act, minor children are entitled to maintenance from both their parents, regardless of whether the parents are living together or not. This Act applies to Hindus and provides that parents must provide maintenance not only during the marriage but also after a divorce or separation.
The maintenance amount is determined based on the child’s needs, the parent's ability to pay, and the standard of living the child was accustomed to during the marriage.
The Act also provides that the mother is entitled to claim maintenance for the child, especially if the father is not providing it, and the court will decide the amount based on the financial status of the parents and the child’s needs.
The Guardians and Wards Act is often used when a child’s custody is disputed. While this Act mainly governs issues related to child custody and guardianship, it also addresses maintenance. The court may pass an order for the estranged parent to pay for the child’s upkeep and education, especially if the child is in the custody of the other parent.
Under Indian law, the following individuals or entities can claim maintenance for children:
The procedure to claim maintenance involves filing an application before the family court or the appropriate court under Section 125 of the CrPC. Here is a general outline of the process:
Consider a case where a mother and father are divorced, and the child, who is 10 years old, resides with the mother. The mother can file a petition under Section 125 of the CrPC to claim maintenance for the child from the father. The father, who has a regular income, may be ordered to pay a monthly sum based on the child’s educational needs, healthcare expenses, and other daily living costs. If the father refuses to pay, the court may enforce the maintenance by garnishing his salary or seizing assets.
Yes, children have the legal right to claim maintenance from their estranged parents under Indian law, particularly through Section 125 of the CrPC and the Hindu Adoptions and Maintenance Act. These provisions ensure that both parents are obligated to financially support their minor children, even after separation or divorce. The custodial parent typically claims maintenance on behalf of the child, and the amount is determined based on the child’s needs and the parents' financial capacity. In cases where a parent fails to comply, the courts can enforce maintenance orders to safeguard the child’s welfare and best interests.
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