What is child support/maintenance?
Child support/maintenance is the financial support given to the children born from the wedlock to enable them to live a life as per the same standard as that of the parents and not get affected by the dispute of the parents.
Under what provisions can the child support be claimed?
Section 26 of the Hindu Marriage Act, 1955, Section 125 CRPC, Section 20 of the Hindu Adoption Maintenance Act, 1956.
Can the maintenance to the child be awarded even if the parents are not divorced?
Yes, even if both the husband and wife are residing separately the mother can claim maintenance for the child u/s 125 of the Code of Criminal Procedure 1973 and under section 20 of the Hindu Adoption and maintenance act, 1956.
Which of the parent is liable to pay the child support/maintenance?
Under the Indian Laws, the father who is the natural guardian of the child is liable for the financial maintenance for the child’s basic and educational needs.
Does the custody of the child to the mother affect the liability of the father?
No. The father, irrespective of whoever has the custody of the child has to incur and bear the child’s expenses.
Does the husband/father have to bear the financial liability of the child even if the wife/mother is earning?
The fact that the mother is earning does not mean that the father does not pay maintenance for the child. If the mother is not earning enough to maintain both herself and the child, the husband has to contribute towards the child’s upkeep. It is also held by various courts that a mother who has the custody of the child does not only spend money on the upbringing of the child but also a substantial time and effort.
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