How Do Courts Handle Child Maintenance for Indian Parents Living in Another Country?
Separation or divorce is tough for any parent, but it becomes harder for Indian parents living in Australia. The biggest question is often about child maintenance how to make sure the child’s needs are met when parents live in different countries. Both India and Australia focus on one main goal: the child’s best interests.
If you are an Indian citizen or Person of Indian Origin (PIO) living in Australia, it helps to know how courts handle child support between two countries.
What Is Child Maintenance or Child Support?
Child maintenance means money one parent pays to help cover a child’s basic needs like food, schooling, housing, and health care.
In Australia, this is managed under the Family Law Act 1975 and Child Support (Assessment) Act 1989. Services Australia uses a formula that looks at both parents’ income, how much time each parent spends with the child, and the child’s needs.
In India, child maintenance comes under:
- Bharatiya Nyaya Sanhita (BNS), which replaced the old CrPC (Section 125)
- Hindu Marriage Act, 1955 or Special Marriage Act, 1954
- Guardians and Wards Act, 1890 for custody and guardianship
Both countries make the child’s welfare their top priority.
When Both Countries Are Involved
Things get tricky when one parent stays in India and the other in Australia, or both live in Australia but married under Indian laws. In such cases, both legal systems might apply.
- In Australia, Services Australia can assess and collect child maintenance.
- In India, a parent can file for maintenance under BNS or personal laws.
To handle this properly, it’s best to get help from a family lawyer who understands both Indian and Australian rules.
Enforcing Child Maintenance from Overseas
This is where most parents face problems.
From Australia’s side:
Australia uses the Reciprocal Enforcement of Maintenance Orders (REMO) system.
If the paying parent lives in a country that has an agreement with Australia, Services Australia can collect money through that country.
But India is not one of those countries. So, you must:
- Get a Child Maintenance Order from the Family Court in Australia.
- Enforce that order in India with help from an Indian custody or family lawyer.
From India’s side:
India does not directly accept Australian maintenance orders. You can:
- File an Execution Petition under Section 13 of the Civil Procedure Code (CPC), 1908, or
- File a Fresh Petition under BNS for child maintenance.
The Indian court will check if the foreign order is fair and valid before enforcing it.
The New BNS Law
In 2023, the Bharatiya Nyaya Sanhita (BNS) replaced the old Criminal Procedure Code. It keeps the same rule that parents must support their children and spouses but aims to make the process faster and fairer.
What Indian Courts Have Said
The Supreme Court of India has made it clear that the child’s welfare always comes first.
In the 2025 case Komal Krishan Arora & Ors. v. Sandeep Kumar & Ors., the Court said that Indian courts can review any foreign custody or maintenance order to make sure it benefits the child.
The Court also ruled that the right of a child and wife to maintenance is more important than a creditor’s claim, linking it to the right to dignity under Article 21 of the Constitution.
What Indian Parents in Australia Should Do
- Hire Expert Legal Help: Choose a lawyer who knows both Indian and Australian family laws.
- Get a Legal Order: Register child maintenance through Services Australia or the Family Court.
- Sort Out Custody Early: Decide on joint custody, sole custody, or visitation rights.
- Use Mediation: Try mediation to settle issues without long court fights.
- Keep Records: Save receipts, messages, and proof of all payments.
Key Insights for Parents
- Indian mothers can apply for maintenance in India even if the father lives abroad.
- Fathers in Australia must follow maintenance and custody orders.
- Grandparents can ask for visitation under the Guardians and Wards Act.
- Always consult a family or child custody lawyer who understands both systems.
FAQs About Child Maintenance
1. Can an Indian court enforce a child support order from Australia?
Yes. You can file an execution petition under CPC or a new case under BNS.
2. How is child maintenance calculated in Australia?
Based on both parents’ income, time spent with the child, and the cost of raising the child.
3. Which Indian laws cover child maintenance for NRIs or OCIs?
The BNS, Hindu Marriage Act, and Guardians and Wards Act.
4. Can a father in Australia apply for custody in India?
Yes. The court will consider the child’s welfare first.
5. Is India a reciprocating country for child support?
No. That’s why court orders are needed for enforcement.
6. What’s the difference between child support and child maintenance?
In Australia, child support is managed by Services Australia. In India, it’s ordered by the court.
7. Can grandparents apply for visitation rights across borders?
Yes, through the family court or guardianship proceedings.
Final Thoughts
Handling child maintenance between India and Australia can be confusing, but both countries aim to protect the child’s future. Whether you live in Sydney or Mumbai, your child’s well-being must come first.
Work with LawCrust’s family and custody lawyers who understand both systems. With the right legal help, Indian parents abroad can secure their child’s financial and emotional stability.
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