Maintenance for Child in Custody

How to get maintenance for child in custody?

Please consider following things with respect to maintenance for child in custody to understand better.

  1. Marital disputes can never be an excuse for parent not to take care of child, this will be considered as negligence.  If proper care of child or children is not taken care, the courts will take it seriously.
  2. It is advisable to maintain a dairy by a parent with custody regarding maintenance received for child with mentions of date and the amount from the date of court order.
  3. If there are any unpaid, arrears, or part of the payment is pending in a month, such amount should be paid in the following months maintenance.
  4. The parent providing maintenance may not make any conditions against the court order, but should comply with the order
  5. Both parents have right to raise and care for children.
  6. If a parent with custody is financially unable to take care, then such parent may seek maintenance to take care for school or college fees, health, and other necessary monthly expenses.
  7. From time to time, when situations change, then parent with custody may seek revision of such maintenance.
  8. In case of any contingencies as well, the other parent may have to share the burden.
  9. The parent should also secure the future of the child, be it an asset or fixed deposit, child should never be felt insecure.  This is the responsibility of parents.

Applicable laws for Maintenance in India for Child:

The applicable sections for Maintenance of child under various laws are as follows;

1. Section 24 and 25 of the Hindu Marriage Act, 1955.

2. Section 36 and 37 of the Special Marriage Act, 1954.

3. Section 36 and 37 of the Divorce Act, 1869.

4. Section 39 and 40 of Parsi Marriage Act 1936.

Also, if you are interested, go through these sections

Grounds for divorce

Divorce Jurisdiction

Divorce Documents Checklist

Interim Maintenance for Wife

Application for maintenance