A, a married man performs sexual intercourse outside wedlock. Consequently, a child is born. Can such a child claim maintenance from A under Section 125, Cr. P.C.?

Question: A, a married man performs sexual intercourse outside wedlock. Consequently, a child is born. Can such a child claim maintenance from A under Section 125, Cr. P.C.? [UPHJS 2003]

Find the answer to the mains question only on Legal Bites. [A, a married man performs sexual intercourse outside wedlock. Consequently, a child is born. Can such a child claim maintenance from A under Section 125, Cr. P.C.?]

Answer

Maintenance general meaning is keeping something in good condition. Maintenance in legal meaning is money (alimony) that someone must pay regularly to a former wife, husband, or partner, especially when they have had children together. It is the duty of every person to maintain his wife, children, and aged parents, who are not able to live on their own. Section 125 of CrPC deals with the order of maintenance of wives, children, and parents.

Section 125 (1)(b) of CrPC provides that even an illegitimate minor child is entitled to get maintenance from their father. In the case of Sumitra Devi v. Bhikan Choudhary, (1985) 1 SCC 637, the Supreme Court stated that under Section 125 of the Code of Criminal Procedure even an illegitimate minor child is entitled to maintenance.

Even if the fact of marriage is discarded, the minor child is found to be an illegitimate daughter of the respondent would be entitled to maintenance.

Recently, in the case of Pachaimuthu v. Minor Vishanthini, 2020 SCC OnLine Mad 2677, the Madras High Court held that as a father of the child, it is the petitioner’s responsibility and moral duty to take care of his own daughter by paying the maintenance.

Hence, in view of the above provision and established case laws, it can be said that the child, legitimate or illegitimate is entitled to maintenance from A, his father.

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