1. Women’s Legal Rights to Demand child maintenance
Under Section 125 of the Criminal Procedure Code (CrPC), 1973, a man is required to maintain his child and wife Divorce. If he has the financial capacity to support the child, but fails or refuses to do so, a first class magistrate may order him to pay a monthly maintenance amount that is sufficient to care for the child. If he fails to comply and the woman files the petition within one year of her failure to do so, the magistrate may issue a warrant to levy the amount due and even after the execution of the warrant, she may also impose a maximum sentence of imprisonment. One month.
Further, under section 20 Hindu Adoption and Maintenance Act, 1956A Hindu male is required to provide child support, whether the child is lawful or illegitimate. Therefore, after a divorce, a woman can file a petition under these two laws in the family court where she and her child reside, whether divorced or separated. Further, while any woman irrespective of her religion or caste can file under section 125 of CrPC, only Hindu women can file under section 20 of the Hindu Adoption and Maintenance Act.
2. For how long can a child maintenance claim be made?
The parent with whom the minor child lives – who is, in most cases, the mother – can claim maintenance as long as the child is dependent on him. This means that for the period for which the child is studying and cannot earn herself, the woman can claim financial contribution from the father.
Of course, he has to give proof in court that the child is dependent and not fit to earn a living. Further, as per several court rulings, even an elder child is entitled to maintenance from the father, if he is dependent on the parent due to any illness or ongoing education. The Delhi High Court has also held that when a child turns 18, his education is not complete and hence, he cannot sustain himself.
3. Does the husband have to pay child support if the woman is earning?
The fact that the woman is earning does not mean that the father does not pay maintenance for the child. If the woman is not earning enough to support both herself and the child, the husband will have to contribute to the upbringing of the child.
Further, as per the Delhi High Court judgment of 2019, the financial contribution need not be divided equally between the two spouses as the woman is also making efforts to maintain the same. The court’s decision stated: “It would be wrong to assume that both the parents are equally responsible for the expenses of the child. A mother who has custody of the child not only spends money on the upbringing of the child, but also spends substantial time and effort. ”
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Disclaimer
The advice in this column is not from a licensed health care professional and should not be construed as psychological counseling, therapy or medical advice. ET Wealth and the author will not be responsible for the outcome of the suggestions given in the column.