HUSBAND (FATHER) CAN CLAIM CHILD MAINTENANCE

IN CERTAIN SITUATIONS, A HUSBAND (FATHER) CAN CLAIM CHILD MAINTENANCE FROM THE WIFE Especially if he has custody of the child.

Under Indian law, child maintenance is the right of the child, not of the parent. So whichever parent has custody can seek maintenance from the other parent.

Here’s the legal position clearly explained

1️. Under Code of Criminal Procedure – Section 125

Section 125 provides maintenance for:

• Wife
• Minor children
• Parents

A father who has custody of a minor child can file a petition on behalf of the child against the mother if:

• The mother has sufficient income
• The father cannot fully maintain the child
• The child is unable to maintain himself/herself

Courts have clarified that both parents are equally responsible to maintain the child.

2️. Under Hindu Marriage Act – Section 26

Section 26 allows the court to pass orders regarding:

• Custody
• Education
• Maintenance of children

If the husband gets custody, he can request the court to direct the wife to pay maintenance for the child.

3️. Under Hindu Adoptions and Maintenance Act

Section 20 states:

• Both father and mother are bound to maintain their minor children.

So even if the child lives with the father, the mother can be ordered to contribute financially.

Important Points

✔ Maintenance is based on:

• Income of both parents
• Lifestyle of the child
• Educational expenses
• Medical needs

✔ Even if the father is earning, the court can still order the mother to contribute if she earns well.

✔ If the mother is unemployed and dependent, the court may not order maintenance from her.

Practical Example

If:

• Father earns ₹30,000/month
• Mother earns ₹1,20,000/month
• Child lives with father

The court can direct the mother to pay monthly maintenance to support the child’s upbringing.

But Important Clarification

A husband cannot claim maintenance for himself from the wife under Section 125 CrPC (unless under personal law provisions like Section 24 HMA during matrimonial proceedings).

But he can claim child maintenance if he has custody.