In India, child support (legally called the maintenance of a child) is the money a parent must pay to meet a child's reasonable needs after the parents separate or divorce. Both parents carry the duty, but in practice the parent who does not have day to day custody usually pays a monthly amount to the parent who does. There is no fixed national formula. Courts decide the quantum case by case, on the child's needs and each parent's income, after both parents file a sworn disclosure of their finances.
Part of the child custody and guardianship practice at S Jain & Attorneys, Bangalore.
This guide explains the legal basis for child support in India, which of the several parallel laws to use, how courts work out the figure, how education costs are treated, until what age a child can claim support, and what to do when a parent stops paying. It is general information, not advice on your specific matter.
The legal basis: which laws govern child support in India
Child support is not contained in one single statute. Several laws run in parallel, and a parent can usually choose the one that fits the situation:
- Section 26, Hindu Marriage Act, 1955 (HMA), which lets a matrimonial court pass interim orders and make provisions in the decree for the custody, maintenance and education of minor children, and to revoke, suspend or vary those orders later. Its proviso requires an application about the maintenance and education of the children, made while the main case is pending, to be disposed of as far as possible within sixty days of service of notice on the respondent.
- Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the secular, religion neutral remedy under which a child who cannot maintain itself can claim a monthly allowance from a parent who has sufficient means but neglects it. This provision replaced Section 125 of the Code of Criminal Procedure, 1973, which stands repealed along with the rest of the CrPC. Older orders and pending matters still speak the language of Section 125, and our separate guide on maintenance under Section 125 explains that framework, but any fresh application today is filed under Section 144 of the BNSS.
- Sections 20 and 23, Hindu Adoptions and Maintenance Act, 1956 (HAMA). Section 20(1) binds a Hindu, during his or her lifetime, to maintain legitimate or illegitimate children and aged or infirm parents. Section 20(2) lets a child claim from either father or mother so long as the child is a minor, and Section 20(3) extends the obligation to an unmarried daughter for as long as she is unable to maintain herself out of her own earnings or property.
- Personal laws of other communities, and the Guardians and Wards Act, 1890, which deals with the appointment of guardians and the welfare of the child.
Jurisdiction usually sits with the Family Court. Section 7 of the Family Courts Act, 1984 gives a Family Court the jurisdiction of a district court in matrimonial and related matters, and also the jurisdiction exercisable by a Magistrate of the first class under the maintenance chapter of the criminal procedure code, so in a city with a Family Court the maintenance application generally goes there rather than to a Magistrate.
Key takeaway. A child's right to be supported does not depend on the parents' marriage being valid, on the divorce being final, or on the paying parent having any contact with the child. The duty flows from parenthood, and Section 144 of the BNSS expressly covers a legitimate or illegitimate child alike.
The official text of these statutes is on the Government of India portal, India Code.
The parents' obligation: a shared, non-negotiable duty
The parents' obligation to maintain their child is treated by Indian courts as a fundamental responsibility, not a favour. A few settled points:
- Both parents are liable. The duty is not only the father's. Section 20(2) of HAMA lets a child claim from father or mother, and where the mother has independent income, courts increasingly take her means into account and may apportion the burden.
- It cannot be bargained away. Parents cannot, by private agreement, extinguish a child's right to maintenance. Even in a mutual consent divorce, the court examines whether the child is adequately provided for before it accepts the settlement.
- Refusing custody does not end the duty. A parent who has neither custody nor contact still has to contribute financially. Denial of visitation by the custodial parent is a separate grievance with its own remedy; it is not a defence to non payment.
- The standard is the child's accustomed lifestyle. Support is meant to let the child live broadly as they would have had the family stayed together, not merely to survive.
Which route to use, and what each one gives
| Route | Who can claim | Forum | What it covers | Practical note |
|---|---|---|---|---|
| Section 26, Hindu Marriage Act, 1955 | Minor children, through the parent, where a matrimonial case is pending or has been decided | Family Court or District Court hearing the matrimonial case | Custody, maintenance and education, by interim order or in the decree | Interim applications to be disposed of as far as possible within sixty days of service of notice |
| Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 | Minor child, legitimate or illegitimate; a major child unable to maintain itself by reason of physical or mental abnormality or injury | Magistrate, or the Family Court exercising that jurisdiction | Monthly allowance and interim maintenance | Religion neutral and normally the quickest route; interim applications to be disposed of as far as possible within sixty days of service |
| Sections 20 and 23, Hindu Adoptions and Maintenance Act, 1956 | Legitimate or illegitimate children of a Hindu; an unmarried daughter unable to maintain herself; aged or infirm parents | Civil court, by suit | Maintenance as defined in Section 3(b): food, clothing, residence, education and medical attendance and treatment, and for an unmarried daughter also the reasonable expenses of and incident to her marriage | Slowest, because it is a regular civil suit, but it stands independently of any divorce case and reaches beyond minority for an unmarried daughter |
| Protection of Women from Domestic Violence Act, 2005 | An aggrieved woman, who can seek monetary relief covering the children in her care | Magistrate, on an application under Section 12 | Monetary relief under Section 20, residence orders under Section 19, custody orders under Section 21, interim and ex parte orders under Section 23 | Often the fastest practical route where the mother has also been excluded from the home |
How courts decide the quantum of child support
There is no statutory percentage or calculator in India. The court exercises discretion guided by the facts. In Rajnesh v. Neha (Supreme Court, 4 November 2020) the court laid down a framework that now applies to maintenance proceedings across the country, requiring both sides to file an Affidavit of Disclosure of Assets and Liabilities in a prescribed format so the judge fixes a transparent figure on disclosed income rather than assertion. Where the disclosure is disputed, the other parent can serve interrogatories and seek production of documents under Order XI of the Code of Civil Procedure, 1908.
Section 23(2) of HAMA sets out its own statutory checklist for the amount: the position and status of the parties, the reasonable wants of the claimant, whether a claimant living separately is justified in doing so, the value of the claimant's property and income, and the number of persons entitled to maintenance. Courts typically weigh the following:
| Factor the court considers | Why it matters |
|---|---|
| Reasonable needs of the child | Food, clothing, housing, healthcare, schooling, extracurriculars |
| Income and earning capacity of each parent | Ability to pay; a deliberately under-earning parent can be assessed on capacity rather than on declared income |
| Standard of living before separation | Support should preserve the child's accustomed lifestyle |
| Number of dependants the paying parent has | Other children or dependants to be supported |
| The child's own income or assets (if any) | Inheritance, trust income and similar |
| Special needs | Medical conditions, disability, therapy |
| Cost of education | School and college fees, books, transport, reasonable coaching |
| The paying parent's genuine liabilities | Home loan and other EMIs are looked at, but voluntarily incurred debts taken on after the dispute began get short shrift |
Because every household differs, two families with similar incomes can end up with different orders. A lump sum settlement is also possible instead of, or alongside, monthly payments, and for a child it is often worth structuring as an education fund with a defined purpose rather than a single transfer.
Interim maintenance, and the date the money runs from
A child does not have to wait for the case to end. Courts can grant interim maintenance early in the proceedings and a final figure when the matter is decided. Two timing points matter and are widely missed.
The first is speed. Both the proviso to Section 26 of the HMA and the second proviso to Section 144(1) of the BNSS require an interim application to be disposed of, as far as possible, within sixty days of service of notice on the respondent. That clock starts on service, which is why defective or delayed service is the single commonest cause of a stalled child support application.
The second is the start date. Section 144(2) of the BNSS allows the allowance to run from the date of the order or, if the court so directs, from the date of the application, and in Rajnesh v. Neha the Supreme Court directed that maintenance be awarded from the date of the application, because the purpose of maintenance law is to prevent destitution and that purpose fails if a claimant who waited years gets nothing for those years. Arrears for the litigation period are therefore normal, and are commonly ordered to be cleared in instalments alongside the running monthly amount.
Education costs as part of child support
Education is a core, expressly recognised head of child support. Section 26 of the HMA specifically empowers the court to make orders for the child's education, and Section 3(b) of HAMA defines maintenance itself to include education. Courts routinely include:
- School and college tuition and admission fees
- Books, uniforms and learning materials
- Transport to and from the institution
- Reasonable coaching or tuition where appropriate, which Rajnesh v. Neha expressly recognised as a legitimate head
- Higher or professional education, where the family's means and the child's aptitude justify it
Courts tend to keep education support proportionate to what the family could realistically afford and to the child's existing schooling. A child already settled in a particular school is usually not made to switch for cost reasons alone.
Common mistake. Claiming education costs as a round monthly figure with no paperwork. Fee receipts, the school's fee circular, transport invoices, uniform and book bills and the bank entries showing who actually paid are what move a court. A claim built on assertion tends to be scaled down to whatever the judge can verify, and the shortfall is very hard to recover later.
Until what age is child support payable in India?
A common question is until what age child support continues. The general position:
| Situation | Until what age support generally continues |
|---|---|
| Minor child, any community | Until the child turns 18 |
| Child over 18 unable to maintain itself due to a physical or mental abnormality or injury | For as long as the inability continues, under Section 144(1) of the BNSS |
| Unmarried Hindu daughter over 18 | Under Section 20(3) of HAMA, for as long as she is unable to maintain herself out of her own earnings or property. In Abhilasha v. Parkash (Supreme Court, 15 September 2020) the court held that this right exists under Section 20(3) of HAMA, and that a major unmarried daughter who has no physical or mental abnormality cannot claim under the criminal procedure maintenance provision |
| Pursuing education and not yet financially independent | Fact specific. Where the parents are Hindu, a claim for a child over 18 is usually framed under Section 20 of HAMA or as part of a settlement, rather than under Section 144 of the BNSS |
The headline rule is 18, but it is not an automatic cut off, and just as importantly it is not the same rule in every forum. Abhilasha v. Parkash is the case that decides which door a major child has to walk through, and choosing the wrong one costs a year or more. Where a young adult is still studying or cannot support themselves for a genuine reason, the practical answer in most families is to fix the position in the settlement or consent terms while the parents are still negotiating.
Enforcement: what to do when a parent stops paying
An unenforced order is worth nothing, and a surprising number of child support orders are simply allowed to lapse. The machinery is there. Section 144(3) of the BNSS lets the Magistrate, on non payment without sufficient cause, issue a warrant to levy the amount in the manner provided for fines, and sentence the defaulter to imprisonment for a term extending to one month for each month of default, or until payment. Section 147 of the BNSS, which replaced Section 128 of the Code of Criminal Procedure, allows the order to be enforced by any Magistrate in the place where the defaulting parent is found, which matters when a parent has moved cities. Orders under the Hindu Marriage Act can be enforced under Section 28A of that Act as if they were decrees of a civil court, and Rajnesh v. Neha confirmed that contempt proceedings are available for wilful disobedience.
The enforcement machinery available when a parent stops paying.
Warrant to levy
On non payment without sufficient cause, Section 144(3) of the BNSS lets the Magistrate issue a warrant to levy the amount in the manner provided for fines.
One month per default
The Magistrate can also sentence the defaulter to imprisonment for a term extending to one month for each month of default, or until payment is made.
Section 147 BNSS
The order can be enforced by any Magistrate in the place where the defaulting parent is found, which matters when a parent has moved cities.
Civil decree or contempt
Orders under the Hindu Marriage Act are enforceable under Section 28A as decrees of a civil court, and wilful disobedience can attract contempt proceedings.
Deadline warning. The proviso to Section 144(3) of the BNSS bars a warrant for the recovery of any amount due unless the application to levy it is made within one year from the date on which that amount became due. Arrears left unclaimed month after month can become unrecoverable by that route. If payments stop, apply within the year rather than waiting to see whether they resume.
How to claim child support: the practical route
- Identify the right forum and law. If a divorce or related matrimonial case is already on, an application under Section 26 of the HMA inside that case is usually fastest. If there is no matrimonial case, or the parties are of different communities, a standalone application under Section 144 of the BNSS is the standard route. For a Hindu child beyond 18 or an unmarried daughter, look to Section 20 of HAMA.
- Build the child's expense file. School fee receipts and the fee circular, transport and uniform bills, medical records and prescriptions, insurance premiums, tuition and activity fees, and twelve months of the household bank statement showing what is actually spent on the child.
- Prepare the Affidavit of Disclosure of Assets and Liabilities in the format directed in Rajnesh v. Neha, and attach income tax returns, salary slips, loan schedules and property records. Both parents file one.
- File the main application and the interim application together, not one after the other, and ask for maintenance from the date of the application.
- Effect service carefully. The sixty day disposal clock under Section 26 of the HMA and Section 144(1) of the BNSS runs from service of notice, so a sloppy address or an unserved notice costs months.
- Meet the reply timetable and press it. Rajnesh v. Neha set a maximum of four weeks for the reply affidavit and directed courts not to ordinarily grant more than two adjournments for it. If the other parent's disclosure is evasive, serve interrogatories and seek production under Order XI of the Code of Civil Procedure.
- Lead documentary evidence at the hearing, not estimates: fee receipts, payslips, bank statements, medical bills, and the other parent's returns.
- Obtain the order and diarise it. Record the exact monthly amount, the due date, the mode of payment and the arrears schedule, and check receipt every month.
- Enforce on the first default, under Section 144(3) or Section 147 of the BNSS, or in execution of the matrimonial order, keeping every application within the one year window for arrears.
- Apply to vary when things genuinely change. Section 25 of HAMA permits alteration on a material change in circumstances, and a matrimonial court can revoke, suspend or vary an order under Section 26 of the HMA. Unilaterally cutting the payment is not an option.
For a structured overview of matrimonial proceedings and how maintenance fits in, see our practice page on family and divorce law. Child support runs parallel to spousal support, so it also helps to understand the factors courts weigh for permanent alimony.
A practice note on where these matters go wrong
What I tell parents on both sides of a child support dispute is that the case is won or lost in the paperwork, not in the hearing. The claiming parent almost always undercounts. They list school fees and forget the transport, the annual books and uniform bill, the dentist, the insurance premium, and the activity the child has been doing for six years and will resent losing. The paying parent almost always over argues conduct. He arrives wanting to talk about who left, who blocked whose calls, and who is being turned against him, and is genuinely surprised that a court hearing an interim child maintenance application will spend more time on his salary slips than on any of it. Two structural failures then repeat themselves. The first is the consent order drafted loosely at the time of a mutual consent divorce, which says a sum will be paid towards the child "for education" without saying how much, until when, indexed to what, or who pays the annual increase, and which produces a fresh dispute the first time the school raises fees. The second is the order that is obtained and then never executed, so the arrears quietly cross the one year line in Section 144(3) of the BNSS. Precision in the order and promptness in enforcing it are worth more than any argument about the other parent's character.
Frequently Asked Questions
Who has to pay child support in India?
Both parents have a legal duty to support their child. Usually the parent without day to day custody pays a monthly amount to the parent with custody, but where both have income, the court can apportion the burden.
How is the quantum of child support decided?
There is no fixed formula. The court considers the child's reasonable needs, each parent's income and earning capacity, the standard of living before separation, and special costs such as education or medical care, after both parties file an affidavit disclosing assets and income.
Does child support include education costs?
Yes. Education is a recognised head of child support. School and college fees, books, transport and reasonable coaching are commonly included, and higher education may be covered depending on the family's means.
Until what age is child support payable in India?
As a general rule, until the child turns 18. Support continues beyond 18 for a child who cannot maintain itself due to a physical or mental abnormality, and for an unmarried Hindu daughter under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 for as long as she is unable to maintain herself.
Can parents waive child support by mutual agreement?
No. A child's right to maintenance cannot be bargained away by the parents. Even in a mutual consent divorce, the court checks that the child is adequately provided for.
Can a child support order be changed later?
Yes. Either parent can ask the court to modify the amount if there is a material change in circumstances, such as a significant change in income or new, documented expenses. Section 25 of the Hindu Adoptions and Maintenance Act and Section 26 of the Hindu Marriage Act both allow variation.
What happens if a parent does not pay ordered child support?
Under Section 144(3) of the BNSS the Magistrate can issue a warrant to recover the amount in the manner of a fine and can order imprisonment of up to one month for each month of default. Section 147 of the BNSS allows enforcement wherever the defaulting parent is found, and wilful disobedience can attract contempt proceedings.
Is there a time limit for recovering unpaid child support?
Yes, and it catches people out. The proviso to Section 144(3) of the BNSS requires the application to levy an amount to be made within one year from the date it became due. Apply as soon as a default occurs rather than allowing arrears to build.
How long should an interim child maintenance application take?
The proviso to Section 26 of the Hindu Marriage Act and the second proviso to Section 144(1) of the BNSS both require disposal, as far as possible, within sixty days of service of notice on the respondent. Delay usually comes from defective service or repeated adjournments for the reply.
Can a child over 18 who is still studying claim maintenance?
It depends on the provision used. In Abhilasha v. Parkash the Supreme Court held that a major unmarried daughter without a physical or mental abnormality cannot claim under the criminal procedure maintenance provision, but can claim under Section 20(3) of the Hindu Adoptions and Maintenance Act where she is unable to maintain herself. For sons over 18, the practical answer is usually to fix the position by agreement recorded in the court's order.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
