If the child maintenance is demanded under Section 125 of Criminal Procedure Code, then there is no ceiling limit on the quantum of maintenance which can be fixed by the Magistrate. He can fix any amount as he thinks fit while taking into account:
- The income;
- The earning capacity, property and other financial resources which each of the parent has or is likely to have in the foreseeable future;
- The financial obligations and responsibilities which each of the parents has or is likely to have in the foreseeable future;
- Age of the parents or child;
- Childcare expenses, including medical insurance premium or medical expenses of child.
- The standard of living enjoyed by the parents and the child; and
- Any other matter which in the circumstances of the case the Court may considers it relevant.
Before 2001, the Central Act of Criminal Procedure Code contained 500 rupees as maximum amount which the magistrate could grant under this section. This is why, many states like M.P., Maharashtra, Rajasthan, Tripura, U.P., West Bengal made the amendments in Criminal Procedure Code applicable to them and inserted the ceiling limits like 3000 Rs., 1500 Rs., 2000 Rs., 1500 Rs., 5000 Rs., 1500 Rs. respectively.
In 2001, Central Act of Criminal Procedure Code was amended by The Code of Criminal Procedure (Amendment) Act, 2001 and the limit of 500 rupees was omitted.
Later, when the question arose about the conflict between State Amendments and Central Amendment of 2001, the Supreme Court in Manoj Yadav vs. Pushpa @ Kiran Yadav on 11 January, 2011 stated that that “After the amendment to Section 125 Cr.P.C., which is a Central Act, by the Code of Criminal Procedure (Amendment) Act, 2001 which deleted the words “not exceeding five hundred rupees in the whole”, all State amendments to Section 125 Cr.P.C. by which a ceiling has been fixed to the amount of maintenance to be awarded to the wife have become invalid.