Child Maintenance After Divorce
What is child maintenance?
Child maintenance is the financial and emotional needs that a non-custodial parent makes as a contribution of raising his or her child. In case the child stays with the mother, the wife can claim maintenance from her husband after divorce, not only for herself but also for her child/children if she is unable to sustain herself and them financially. Additionally, the husband is liable to maintain his children born out of marriage until he/she is qualified to earn.
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Also read about Step by Step Process for Divorce with Mutual Consent
Child maintenance under Section 125 Crpc
Under Section 125 of the Code of Criminal Procedure, 1973, the right of maintenance under the family law in India, extends not only to the wife and dependent children but also to indigent parents and divorced wives. The support guarantee relies on the spouse’s capacity to give adequate methods. A Class I Magistrate may order a person to pay a monthly allowance for the maintenance of his child, wife, mother or father when there is a valid proof that the man neglected or refused to provide maintenance. However, the wife will not be entitled to receive maintenance if she has committed adultery, refuses to live with her husband or separated from her husband by mutual consent.
Maintenance under various religious laws
- Maintenance under Hindu laws- under the Hindu Adoption and Maintenance Act, 1956, a wife can claim maintenance from her husband when is unable to maintain herself financially when she is been given the custody of the child.
- Maintenance under Muslim laws- the Muslim Women (Protection of Rights on Divorce) Act, 1986 states that a divorced Muslim woman is entitled to maintenance in the following cases: During the iddat period, sensible and reasonable support must be paid to the spouse. Whatever mehr was agreed at the time of marriage has to be given back. At the point when the lady needs to keep up herself and her kids, upkeep must be paid for a time of 2 years. And if the child is born after the divorce, then the 2-year period starts after the birth. All property which was given to her by her relatives, friends or husbands before, at the time or after.If a divorced Muslim woman is unable to maintain herself after the period of iddat, the magistrate can order her relatives who inherit property or the State Wakf Board established under the Wakf Act, 1955 to pay maintenance.
- Maintenance under Christian laws- under section of 37 of the Indian Divorce Act 1869, the wife can apply for maintenance in a civil or high court and the spouse will be obligated to pay support for her lifetime.
- Maintenance under Parsi laws- the Parsi Marriage and Divorce act, 1936 gives the right to maintenance to a Parsi woman and the court can award a maximum of 1/5th of the husband’s net income as maintenance. Only if the wife remains unmarried, is when the husband is liable to pay maintenance to her for lifetime.
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