Are There Any Child Support Laws In India For The Parents Who Were Never Married

The man is already married to one woman and he cheated on her with a 16 year old girl who is pregnant by him. Are there any Child Support Laws for a case like this?

Answers (2)

Team Legistify

  • Sector-1, Noida

Yes in India there is provision for the financial support for the illegitimate child as well whose parents never married , irrespective of the Religion of the parties. Section 125 of the Criminal Procedure Code provides that monthly maintenance amount can be claimed from the father by both legitimate as well illegitimate minor child as in this case. Minor Child means the child who has not attained the age of 18years. The court shall order for minor child support keeping in mind the actual income as well capacity of the the father as well the requirement of the minor child for whom the monthly maintenance is being sought. The father even though be married to another woman and not to the mother of the minor child shall not effect the decision of the court for granting such relief to the minor child.

Answered on 28 Sep 2018


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Team Legistify

  • Sector-1, Noida

Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu is bound, during his or her life-time, to maintain his or her illegitimate children. The obligation to maintain illegitimate children is now upon both, the father as well as the mother. Not only the illegitimate son, but also an illegitimate daughter, is entitled to be maintained by her father and mother.

The right to be maintained, however, extends only upto the period of minority. An illegitimate child is not entitled to be maintained by his or her parents after attaining majority. Such a child will also not be entitled to be maintained if he or she has ceased to be a Hindu by conversion to another religion.

Moreover, under the Hindu Adoptions and Maintenance Act, an illegitimate son of a deceased Hindu, so long as he is a minor, and an illegitimate daughter of a deceased Hindu, so long as she remains unmarried, are entitled to be maintained by the heirs of the deceased out of the estate inherited by them or by the persons who take the estate of the deceased.

Such a son or daughter, however, will not be entitled to maintenance under the said Act if he or she has ceased to be a Hindu by conversion to another religion.

An illegitimate child who has ceased to be a Hindu can, however, apply for maintenance from his or her father under the Code of Criminal Procedure.

Answered on 28 Sep 2018


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