Maintenance and Child Custody: A General Legal Guide

Who may claim maintenance

Under Section 144 BNSS (formerly Section 125 CrPC), a wife unable to maintain herself, minor children and parents unable to maintain themselves may claim maintenance from a person with sufficient means who neglects or refuses to maintain them. Personal laws such as the Hindu Adoptions and Maintenance Act, 1956 provide further remedies.

Interim maintenance

Courts can order interim maintenance while the case is pending. In Rajnesh v. Neha (2020), the Supreme Court required both parties to file affidavits disclosing assets and liabilities, to bring transparency and speed to maintenance cases.

How courts decide the amount

• Income and assets of both parties
• Reasonable needs and standard of living
• Liabilities and dependants
• Any amount already being paid

Child custody

Custody is decided by the welfare of the child, which is the paramount consideration. Relevant laws include the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956.

Visitation and shared parenting

Where one parent has custody, the other is usually given visitation rights. Courts may also arrange video calls, holiday access and other arrangements suited to the child’s age.