Every child has the right to be maintained by their parents until they become financially independent. In Ghaziabad, child maintenance claims are filed before the Family Court or the Judicial Magistrate First Class court. Whether you are a mother seeking maintenance for your child from the father, or a guardian seeking maintenance for a child in your care, this guide explains the process for filing a child maintenance application in Ghaziabad.
Who Can Claim Child Maintenance in Ghaziabad?
Under Section 125 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 125 CrPC), the following people can claim child maintenance:
- Minor children: Both sons and daughters are entitled to maintenance until they turn 18 (or 21 if pursuing higher education)
- Adult children with disabilities: Children who are physically or mentally incapacitated can claim maintenance even after 18
- Guardians: If the parents are deceased or unable to maintain the child, a guardian can claim maintenance from the child’s relatives
Child Maintenance Process in Ghaziabad Family Court
Step 1: File the Maintenance Petition
The maintenance petition is filed before the Family Court in Ghaziabad or the JMFC court with jurisdiction over the respondent’s place of residence. The petition should include:
- Details of the child and both parents
- Income and assets of the father (or the parent from whom maintenance is claimed)
- Monthly expenses of the child (education, medical, food, clothing)
- Evidence of the father’s neglect or failure to maintain the child
Our child custody lawyers in Ghaziabad can help you draft a comprehensive maintenance petition.
Step 2: Court Hearing and Summons
The court issues summons to the father, directing him to appear before the court. The father must file a written statement in response. The court then schedules dates for evidence and arguments.
Step 3: Evidence and Arguments
Both parties present evidence, income proof of the father, expenses of the child, and witness testimony. The court may also consider the child’s standard of living and educational needs.
Step 4: Maintenance Order
The court passes a maintenance order specifying the monthly amount to be paid. The amount is typically 25%–33% of the father’s net income. The order can be revised if the father’s income increases or the child’s needs change.
Factors Determining Child Maintenance Amount
- Father’s income: Salary, business income, rental income, and other sources
- Child’s needs: Education, medical care, food, clothing, and extracurricular activities
- Standard of living: The lifestyle the child was accustomed to before separation
- Number of children: Maintenance per child typically decreases as the number of children increases
- Mother’s income: If the mother is earning, her contribution is considered
Maintenance for Girl Children
Under the Hindu Adoption and Maintenance Act, 1956, a Hindu father is legally bound to maintain his daughter until she is married. After marriage, the daughter’s right to maintenance from her father ceases, but she can claim maintenance from her husband. However, if the daughter is divorced or separated, she can again claim maintenance from her father.
Who Can Claim Child Maintenance in Ghaziabad?
Under Section 125 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 125 CrPC), the following persons can claim child maintenance in Ghaziabad:
- Minor children: Both sons and daughters are entitled to maintenance until they turn 18 years old. Daughters are entitled to maintenance until they get married, even if they are above 18
- Adult children with disabilities: Children with physical or mental disabilities are entitled to maintenance even after turning 18
- Children pursuing higher education: The court may extend maintenance until the child completes their education, up to the age of 21
- Unmarried adult daughters: Unmarried daughters above 18 are entitled to maintenance until they get married or become financially independent
The application for child maintenance can be filed by the mother on behalf of the child, by the child through a guardian, or by any person who has custody of the child. In Ghaziabad, child maintenance applications are filed before the Family Court or the Judicial Magistrate First Class (JMFC) Court at the District Courts Complex.
How Child Maintenance Amount Is Determined in Ghaziabad
The court determines the maintenance amount based on several factors:
- Income and earning capacity of the parent (usually the father): The court looks at salary slips, ITR filings, business income, and other financial documents
- Needs of the child: Education expenses, medical expenses, daily living costs, and other reasonable requirements
- Standard of living: The lifestyle the child was accustomed to during the parents’ marriage or relationship
- Number of children: The maintenance amount is divided among all children if there are multiple claimants
- Other obligations: The parent’s other financial obligations (to elderly parents, second family, etc.)
In Ghaziabad, the court typically awards 25–30% of the father’s net income as child maintenance for each child. For example, if the father earns ₹50,000 per month, the maintenance for one child would typically be ₹12,500–₹15,000 per month. The amount increases with the number of children and the father’s income level.
Procedure for Filing Child Maintenance Application in Ghaziabad
The procedure for filing a child maintenance application in Ghaziabad is straightforward:
- Draft the application: The application should include details of the child, the parent from whom maintenance is claimed, the relationship, the child’s needs, and the parent’s financial capacity
- Attach supporting documents: Birth certificate of the child, income proof of the parent, proof of residence, and any other relevant documents
- File before the court: Submit the application at the Family Court or JMFC Court in Ghaziabad
- Pay court fees: Court fees for maintenance applications are nominal, typically ₹50–₹200
- Summons to the respondent: The court issues summons to the parent from whom maintenance is claimed
- Hearing: Both parties appear before the court, and the judge passes an interim or final order
In many cases, the court passes an interim maintenance order immediately, directing the parent to pay a specific amount per month pending the final decision. This interim order is binding and enforceable from the date it is passed.
Enforcement of Child Maintenance Orders in Ghaziabad
If the parent from whom maintenance is claimed fails to pay the maintenance amount, the following enforcement steps can be taken in Ghaziabad:
- Execution petition: File an execution petition before the same court that passed the maintenance order
- Attachment of salary: The court can direct the employer of the defaulting parent to deduct maintenance from their salary and deposit it directly with the court
- Attachment of property: The court can attach the defaulting parent’s property and sell it to recover arrears
- Arrest and detention: In cases of willful default, the court can issue a warrant for the arrest and detention of the defaulting parent until they comply with the order
- Defamation complaint: Filing a complaint under Section 125(3) CrPC for willful neglect
Our maintenance lawyers in Ghaziabad are experienced in both filing and enforcing child maintenance orders, ensuring that your child receives the support they deserve.
Child Maintenance After Divorce
In cases of divorce, child maintenance is typically addressed as part of the divorce decree. However, if maintenance was not addressed in the divorce proceedings, or if the maintenance order needs to be modified due to changed circumstances, a separate application can be filed in the Ghaziabad Family Court under Section 125 BNS or Section 24 of the Hindu Marriage Act.
Modification of maintenance orders is allowed when there is a significant change in circumstances, such as a substantial increase or decrease in the parent’s income, a change in the child’s needs, or the child reaching the age of majority. Our maintenance lawyers in Ghaziabad can help you apply for modification of maintenance orders when circumstances change.
Frequently Asked Questions
What is the difference between maintenance and alimony in Ghaziabad?
Maintenance is a periodic payment made during the marriage or after divorce for the support of a spouse or child. It is governed by Section 125 of the BNS. Alimony is a one-time or periodic payment made at the time of divorce as part of the settlement. It is governed by personal laws and the Divorce Act. In practice, the terms are often used interchangeably. Both types of payments are designed to ensure that the dependent spouse or child does not face financial hardship.
Can a wife claim maintenance without filing for divorce?
Yes, a wife can claim maintenance from her husband without filing for divorce. Maintenance under Section 125 of the BNS is available to wives, children, and parents who are unable to maintain themselves. A deserted wife can file a maintenance application even while the marriage subsists. The husband is legally obligated to maintain his wife during the marriage — this obligation does not end with desertion. Our maintenance lawyers in Ghaziabad can file a maintenance petition without affecting the marriage.
Can maintenance be increased if the husband’s income increases?
Yes, maintenance can be increased if the husband’s income increases significantly after the initial order. The wife or child can file a modification application in the same court that passed the maintenance order, demonstrating the increase in the husband’s income and the changed circumstances. The court will review the current needs and the husband’s enhanced capacity to pay and adjust the maintenance amount accordingly.
Can a mother claim child maintenance without filing for divorce?
Yes. A mother can file a Section 125 application for child maintenance independently, without filing for divorce. The application can be filed even if the parents are living together but the father is neglecting to maintain the child.
Up to what age can a child claim maintenance?
A child can claim maintenance until 18 years of age. If the child is pursuing higher education or is physically/mentally disabled, the court may extend maintenance up to 21 years or beyond.
Can child maintenance be claimed from the mother?
Yes. If the mother has sufficient income and the father is deceased or unable to pay, the child can claim maintenance from the mother. The court considers the financial capacity of both parents.
Can maintenance be claimed for a child born out of wedlock?
Yes. Both parents are legally bound to maintain a child born out of wedlock. The mother can file a maintenance application against the biological father under Section 125 BNS.
Need a Child Maintenance Lawyer in Ghaziabad?
Child maintenance cases require a clear presentation of financial evidence and a strong legal argument. Our maintenance lawyers in Ghaziabad can help you file a child maintenance application and ensure your child receives the financial support they deserve. Consult an advocate in Ghaziabad today.
