Getty ImagesIt’s not easy being a divorced, single mother, especially if she ends up bearing the entire financial burden for the child’s upbringing. It helps immensely if the spouse contributes financially for the upkeep, and more so if the mother is not earning. However, in many cases, the father either pays reluctantly or stops paying maintenance for the child altogether, leaving the mother to fend for herself. What can the woman do in such a situation? What are her legal rights and how can she exercise them? Here’s what you should know.
1. Woman’s legal rights for seeking child maintenance
Under Section 125 of the Criminal Procedure Code (CrPC), 1973, a man is required to provide maintenance to his child and wife after divorce. If he has the financial ability to support the child but fails or refuses to do so, a first-class magistrate can order him to pay a monthly maintenance amount which is sufficient to take care of the child. If he fails to comply and the woman files a petition within a year of him failing to do so, the magistrate can issue a warrant for levying the due amount and can even sentence him, after the execution of the warrant, to imprisonment of up to one month.
Besides, under Section 20 of the Hindu Adoption and Maintenance Act, 1956, a Hindu male is required to provide child support, whether the child is legitimate or illegitimate. Hence, after divorce, a woman can file a petition under these two laws in the family court with jurisdiction over the area where she and her child stay, whether she is divorced or separated. Also, while any woman irrespective of her religion or caste can file under Section 125 of the CrPC, only Hindu women can file under Section 20 of the Hindu Adoption and Maintenance Act.
2. Till when can maintenance be claimed for the child?
The parent with whom the minor child stays—which, in most cases, is the mother— can claim maintenance till the time the child is dependent on her. This means that for the period that the child is studying and cannot earn on his own, the woman can claim financial contribution from the father.
She will, of course, have to provide proof in the court of law that the child is dependent and is unable or not qualified to earn a living. Besides, according to several court rulings, even a major child is entitled to maintenance from the father if he or she is dependent on the parent due to an illness or ongoing education. The Delhi High Court has also stated that the education of the child is not complete when he turns a major at 18 years 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 maintain both herself and the child, the husband has to contribute towards the child’s upkeep.
Besides, according to a 2019 Delhi High Court ruling, the financial contribution does not have to be split equally between the two spouses because the woman is also putting in effort to raise him. The court verdict states: “It would be incorrect to hold that both the parents are equally responsible for the expenses of the child. A mother who has custody of a child not only spends money on the upbringing of the child but also substantial time and effort.”
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Disclaimer
The advice in this column is not from a licensed healthcare professional and should not be construed as psychological counselling, therapy or medical advice. ET Wealth and the writer will not be responsible for the outcome of the suggestions made in the column.
1. Woman’s legal rights for seeking child maintenance
Under Section 125 of the Criminal Procedure Code (CrPC), 1973, a man is required to provide maintenance to his child and wife after divorce. If he has the financial ability to support the child but fails or refuses to do so, a first-class magistrate can order him to pay a monthly maintenance amount which is sufficient to take care of the child. If he fails to comply and the woman files a petition within a year of him failing to do so, the magistrate can issue a warrant for levying the due amount and can even sentence him, after the execution of the warrant, to imprisonment of up to one month.
Besides, under Section 20 of the Hindu Adoption and Maintenance Act, 1956, a Hindu male is required to provide child support, whether the child is legitimate or illegitimate. Hence, after divorce, a woman can file a petition under these two laws in the family court with jurisdiction over the area where she and her child stay, whether she is divorced or separated. Also, while any woman irrespective of her religion or caste can file under Section 125 of the CrPC, only Hindu women can file under Section 20 of the Hindu Adoption and Maintenance Act.
2. Till when can maintenance be claimed for the child?
The parent with whom the minor child stays—which, in most cases, is the mother— can claim maintenance till the time the child is dependent on her. This means that for the period that the child is studying and cannot earn on his own, the woman can claim financial contribution from the father.
She will, of course, have to provide proof in the court of law that the child is dependent and is unable or not qualified to earn a living. Besides, according to several court rulings, even a major child is entitled to maintenance from the father if he or she is dependent on the parent due to an illness or ongoing education. The Delhi High Court has also stated that the education of the child is not complete when he turns a major at 18 years 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 maintain both herself and the child, the husband has to contribute towards the child’s upkeep.
Besides, according to a 2019 Delhi High Court ruling, the financial contribution does not have to be split equally between the two spouses because the woman is also putting in effort to raise him. The court verdict states: “It would be incorrect to hold that both the parents are equally responsible for the expenses of the child. A mother who has custody of a child not only spends money on the upbringing of the child but also substantial time and effort.”
If you have a wealth whine, write to us...
All of us have been in a financial dilemma when it comes to relationships. How do you say no to a friend who wants you to invest in his new business venture? Should you take a loan from your married brother? Are you concerned about your wife’s impulse buying? If you have any such concerns that are hard to resolve, write in to us at etwealth@timesgroup.com with ‘Wealth Whines’ as the subject.
Disclaimer
The advice in this column is not from a licensed healthcare professional and should not be construed as psychological counselling, therapy or medical advice. ET Wealth and the writer will not be responsible for the outcome of the suggestions made in the column.
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