Wednesday 13 December 2023

What are rights of illegitimate child to get maintenance under S 125 of CRPC?

 Here's an overview of the rights of an illegitimate child to claim maintenance under the CrPC:

  • Maintenance under CrPC (Section 125): Section 125 of the CrPC provides for the maintenance of wives, children (including legitimate and illegitimate), and parents. It allows any child, whether legitimate or illegitimate, to claim maintenance from their parents if they are unable to maintain themselves.

  • Eligibility: To claim maintenance under Section 125 of the CrPC, an illegitimate child must establish that he is unable to maintain himself and that his parents have the means to provide support. The illegitimacy of the child does not affect his right to claim maintenance. He must prove that his or her parents have refused or neglected to maintain him or her.

  • Limitation: There is no time limitation for filing a maintenance petition under Section 125. The child can file a petition for maintenance at any time during his dependency on his parents.

  • Enforcement: If the court is satisfied that the child is entitled to maintenance and the parents have the means to provide it, it can issue an order for maintenance. The amount of maintenance is determined by the court based on factors like the needs of the child, the income of the parents, and other relevant circumstances.

  • Maintenance for Majors: While the focus of Section 125 is primarily on minors, it is worth noting that even if the child has attained the age of majority, they may still be entitled to maintenance if he is unable to maintain himself due to a physical or mental disability or other valid reasons.

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