How is child maintenance after divorce in India determined?
Separation or divorce shakes the sense of safety at home. Parents worry about school fees, medical bills, rent, and whether the child’s routine will collapse. Money becomes a daily fear. Many parents ask how child maintenance after divorce in India is actually decided and whether the law truly protects children. This guide explains the rules in simple language so you can act with clarity and confidence.
The real problem and the legal solution
After separation, one parent often carries most daily expenses while the other may delay or provide no support. The law steps in to prevent this hardship. Indian courts treat child maintenance as a right of the child, not a favour between parents. The solution lies in clear maintenance laws, honest financial disclosure, and enforceable court orders that focus on the child’s welfare above all else.
In easy words, child maintenance is the money paid for a child’s everyday needs such as food, clothing, school and college fees, books, transport, healthcare, and extracurricular activities. In cases of divorce or separation, courts ensure that the child does not suffer a sudden drop in their standard of living. When people discuss child maintenance after divorce in India, they often confuse it with spousal alimony. Courts treat these as separate issues, even though they may decide them together.
Laws that govern child maintenance after divorce in India
Indian maintenance law does not sit under just one rulebook. Courts apply different laws together depending on the family situation to ensure the child’s best interest remains central.
The new criminal law: Section 144 BNSS
Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 replaced the old Section 125 of the CrPC. This law is secular, meaning it applies to everyone regardless of religion. It offers fast relief and is the most common route for urgent maintenance orders in cities like Mumbai, Thane, Pune, and Navi Mumbai.
Personal and religious laws
Under Hindu law, the Hindu Marriage Act 1955 and the Hindu Adoptions and Maintenance Act 1956 allow children to claim support during and after a divorce. The Special Marriage Act 1954 applies to inter-faith or registered marriages. Muslim families follow Muslim Personal Law and the Muslim Women (Protection of Rights on Divorce) Act 1986, while Christian families rely on the Indian Divorce Act 1869. Guardianship issues often link with money through the Guardians and Wards Act 1890.
Recent legal updates and key case law (2025)
The legal landscape in 2025 has moved toward making maintenance “need-based” rather than just a fixed percentage of a parent’s salary.
- Mandatory Disclosures: The Supreme Court ruling in Rajnesh v Neha remains the gold standard. It makes filing an Affidavit of Disclosure of Assets and Liabilities mandatory. This prevents a parent from hiding their real income or assets.
- Lump-sum Settlements: In January 2025, the Supreme Court clarified that a “full and final” settlement between parents cannot permanently end a child’s right to future maintenance if their needs increase later.
- The 2025 “Need-Based” Principle: In June and December 2025, the Bombay High Court reinforced that maintenance must be in proportion to the child’s actual needs—like rising school costs—and not just a mechanical division of the husband’s income.
- Digital Monitoring: Maharashtra courts now use the Maharashtra Judiciary Portal to track payments. If a parent misses a payment, the digital system makes enforcement much faster.
How courts calculate child maintenance after divorce in India
There is no fixed “calculator” or formula. Instead, judges act like a balance scale, weighing several human and financial factors:
- Real Income and Capacity: Judges look at salary slips, business profits, rental income, and investments. They also consider “earning capacity”—what a parent could earn based on their skills, even if they claim to be unemployed.
- Continuity of Lifestyle: If the child attended an international school or had specific hobbies before the divorce, the court tries to keep that life stable.
- Specific Child Needs: This includes medical care, tuition fees, and support for any disabilities.
- Custody and Daily Care: The parent living with the child already pays for many daily things (like light bills or groceries). The non-custodial parent is usually ordered to pay their fair share to balance this out.
- Inflation: Courts often include an “indexation clause,” meaning the maintenance amount increases by a small percentage every year to keep up with rising prices.
Step by step process to claim maintenance
- File the Petition: Use Section 144 BNSS for quick relief. In Mumbai, you file this at the Family Court where the child lives.
- Ask for Interim Maintenance: You don’t have to wait years. Ask the judge for a temporary amount to cover costs while the main case is being decided.
- Financial Disclosures: Both parents must submit their income and property details honestly. Hiding money is a serious offence.
- Evidence and Hearing: Show the court your bills and school fee receipts to prove what the child needs.
- Final Order and Enforcement: Once the judge decides, the order is binding. If payments stop, you can ask for a “salary attachment,” where the money is taken directly from the payer’s paycheck.
A real life example from Maharashtra
The Singh and Kaur Story: This couple separated in Mumbai. Their child was in a private school. Mr Singh claimed he had no money, but Ms Kaur used the Maharashtra Judiciary Portal and bank records to show his real lifestyle. Following the Rajnesh v Neha guidelines, the court ordered monthly maintenance. When Mr Singh stopped paying, the court used a “wage attachment order” to deduct the money directly from his employer. The child’s education stayed on track.
Frequently Asked Questions
1. How is child maintenance after divorce in India determined?
Ans: Courts look at the child’s standard of living, school costs, and medical needs, balancing them against both parents’ total income and assets.
2. Is there a minimum amount fixed by law?
Ans: No. Every case is different. A wealthy family will have higher maintenance than a middle-class family to match the child’s usual lifestyle.
3. Can maintenance continue after the child turns eighteen?
Ans: Yes. If the child is still studying or cannot support themselves due to a physical or mental disability, the support can continue.
4. What if the custodial parent is also working?
Ans: Both parents are responsible. Even if the mother earns, the father must still pay his fair share for the child’s upbringing.
5. Can a mutual consent divorce end maintenance forever?
Ans: No. A child’s right to maintenance is independent. Parents cannot sign away a child’s right to be supported.
Conclusion
Child maintenance is not about winning or losing. It is about stability, dignity, and making sure a child does not pay the price for a divorce. Indian courts treat child maintenance after divorce in India as a sacred right. With honest disclosure, help from a divorce lawyer, and the right legal steps, you can secure a fair plan that protects your child’s future.
About LawCrust Legal Consulting
LawCrust Legal Consulting, a part of LawCrust Global Consulting Ltd., stands as one of India’s trusted names in legal and consulting services. Our team works across a wide range of areas to support both businesses and individuals.
We offer services such as litigation finance, legal protection, litigation management, startup support, fundraising guidance, hybrid consulting, mergers and acquisitions, insolvency & bankruptcy, and debt restructuring.
We also help people with matrimonial matters, property disputes, criminal cases, civil issues, immigration concerns, NRI legal support, society matters, and estate planning. Along with this, we provide ALSP and LPO services to clients in India and overseas.
Our network includes more than fifty offices across India and a team of over seventy specialised lawyers. This helps us offer steady and reliable support for many legal needs.
You can also use our legal app to connect with lawyers quickly. It is one of the most helpful legal apps available, so feel free to download it.
LawCrust Groups also includes several companies such as LawCrust Realty, LawCrust Ventures, LawCrust Hybrid Consulting, Gensact, LawCrust Foundation, and LawCrust Consumer Products.
Need Legal Help? Contact Us
You can reach us anytime for expert legal support.