How Indian Courts Calculate Child Maintenance in 2026: A Parent's Plain-Language Guide

The Legal Framework: From S.125 CrPC to S.144 BNSS

If you have been following child maintenance law in India, you may have noticed recent references to Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which came into effect in December 2023. This provision replaces the familiar Section 125 of the Code of Criminal Procedure — and largely mirrors it, extending the right to claim maintenance for wives, children, and dependent parents from a Magistrate's court.

For most practical purposes, the principles governing what you can claim and how much remain the same. The BNSS framework applies across all religions and communities, making it the most commonly used maintenance route for children.

Who Can Claim — and Who Must Pay

A child's right to maintenance under Section 144 BNSS applies regardless of the parents' marital status, religion, or custody arrangement. The obligation falls on the parent with financial means — in practice, almost always the non-custodial parent — to contribute to the child's reasonable living, educational, medical, and developmental needs.

Maintenance can be claimed for children up to the age of majority (18 years). For children with disabilities or special needs, courts have discretion to extend this obligation.

How Courts Determine the Amount

There is no fixed formula for child maintenance in India. Courts exercise judicial discretion based on a range of factors:

• Income and financial capacity of the paying parent: Courts examine salary slips, IT returns, business income, assets, and lifestyle. Hidden income or deliberate underreporting is a red flag judges are trained to spot.
• Standard of living the child was accustomed to: A child from an upper-middle-class family is entitled to maintenance that preserves a comparable lifestyle — not a minimum subsistence amount.
• The child's actual needs: School fees, tuition, extracurricular activities, medical expenses (including health insurance), and clothing are all legitimately quantifiable.
• Income of the custodial parent: If the custodial parent earns well, courts may reduce the maintenance quantum proportionally — but this does not eliminate the obligation of the other parent.
• Number of dependants: If the paying parent has other children or dependants to support, courts take this into account.

The Supreme Court's 25% Benchmark

The Supreme Court has at various points referenced 25% of the non-custodial parent's net income as a useful starting point for combined spousal and child maintenance — but it has consistently stressed that this is not a rigid rule. A judge 'moulds' the award to be just in each case. For child-specific maintenance, amounts can range from a few thousand rupees in lower-income cases to several lakhs per month in high-net-worth separations.

Other Legal Routes for Maintenance

Section 144 BNSS is the most accessible route but not the only one. Other frameworks include:

• Hindu Marriage Act (Section 26): Allows the Family Court to pass orders for maintenance and custody of children in divorce proceedings.
• Domestic Violence Act, Section 20: Can be used by women (and minor children through the mother) to claim maintenance independently of divorce proceedings.
• Personal laws: Hindu Minority and Guardianship Act, Muslim personal law, and Christian personal law all have their own maintenance frameworks — though Section 144 BNSS generally provides the fastest interim relief.

What Happens When Payments Stop

A maintenance order is only as useful as its enforcement. If the paying parent defaults, the following remedies are available:

• File an Execution Petition in the court that passed the order, seeking enforcement by attachment of salary, bank accounts, or property.
• File for contempt of court if the default is wilful and persistent.
• Apply for a warrant of arrest — an extreme but available remedy under Section 144 BNSS itself.

Courts are increasingly unsympathetic to serial defaulters. Documenting every missed payment — with bank records, messages, and demand letters — is essential before approaching the court for enforcement.

When to Review or Modify the Order

Maintenance orders are not fixed in stone. Either party can apply for modification if there is a material change in circumstances — such as a significant increase in the paying parent's income, a job loss, the child completing education, or the custodial parent's remarriage. Courts revisit quantum when the evidence supports it.

Disclaimer: This article is for general information only and does not constitute legal advice. Consult a qualified family lawyer for advice specific to your situation.