Hi, I will explain to you about the Maintenance of the Child Born From Live-In-Relationship. Who is Responsible if child Born from Live-In-Relationship? Who will be responsible for the maintenance of children born out of live-in relationships? Who are Responsible means, Mom or Dad? So first it should be understood to everyone that a lot of population has increased in the country. That is why married couples/people should also understand that they should keep and understand that we two our one, or at most we two our two. In a live-In relationship, couples should not even think of having children.
But now if children are born in this relationship(Live-In) then the question is who is responsible for their upkeep? To know whose responsibility is this, we have to go to
When we read this Chapter and this Section, we will come to know that the child born out of a Live-In-Relationship is called an illegitimate child by our law. In Hindi child born out of a Live-In -Relationship is called “Adharmik Santan.”
Illegitimate Child
The definition of an Illegitimate Child in our law is, A child born out of (Child Born From Live-In-Relationship) ( invalid marriage or without marriage is known as an Illegitimate child. So in the case of a Live-In Relationship, Both of them are not married. Means girls and boys did not get married but they are living together with each other like a married couple. And if a child is born from such a relationship, then it is called an Illegitimate Child. So the Section 125 of our CRPC who is the father of that child puts the responsibilities on the man whose child he is.
Father’s Responsibility to Maintain or take care of that child
So for how long will that man have to bear the responsibility of that child? After all, how long does that man has to take care of that child? So if that child is a boy, then until he will bot become eighteen years old. And if that child is a girl, then till that girl is not get married then her responsibility will have to be taken till her marriage.
Let us first understand the meaning of the word maintenance, maintenance means that this word means that the expenditure, the expenses of his life’s essential needs will be given to the child. Like there will be food and drink expenses, cost of education of that child(Child Born From Live-In-Relationship), the cost of his living will also come in this and the cost of his clothes will also come in the maintenance. The cost of his medical treatment will also come in the maintenance. One more thing is worth understanding here that if the child is a boy then that boy will have to be maintained will the age of 18. But if that child is physically or mentally disabled or handicapped and due to that inability that boy is not able to earn money for his basic needs then the cost of such a child will have to be borne by his father for the rest of his life as long as that child(Child Born From Live-In-Relationship) is alive.
What will be the amount of maintenance?
Then here comes another question that What will be the amount of maintenance? The amount of maintenance will be decided by the Honourable Court. It is written in Chapter Nine of The Criminal Procedure Code. This means, in Chapter 9 the entire chapter is about maintenance, it is written in it that the amount of maintenance that court will decide, whichever court thinks fit. According to the situation of every case facts, the court will set What will be the amount of maintenance. It is seen by the Court the at what age children need money and how much money is monthly needed by the child, and according to that, the court decides the amount of maintenance. As the child grows up, the amount of maintenance will also be grown up.
What is the monthly earning of his father, How much property does he have, and what is the living standard of his father? the courts also take care of all these things and accordingly decide the amount of maintenance.
Interim maintenance order
The court gives orders for interim maintenance within 60 days from the date on which the case will come in the court. This means that Judgement has not come, the case has not been heard finally. Before the final Judgement, the court orders its interim order within 60 days and the amount of interim maintenance will have to be given to the child by his father till the final judgment comes, till the court hearings do not take place. Then when the court will hold the final order, it will decide a certain amount and that fixed amount will have to be paid to the child by the time I have mentioned above. And if any amount has already been given then the court makes the adjustment of that amount. And if he did not give maintenance to the child born from Live-In Relationship, then this man should be jailed for one month for not fiving the maintenance for one month.
I think after reading all of this you must have been clear that if a child is born out of the live-in relationship, then who will be responsible for his maintenance and if it is a boy child then till when and what will be the father’s responsibility for him and if it is a girl child then till when and what will be the father’s responsibility for her? and if it is a handicapped or disabled child then till what and till when will be the father’s responsibility for that child? Now you hardly have any questions about this topic.
