Central Laws:
- Criminal proceeding for maintenance under Section 125 of Criminal Procedure Code before Magistrate.
Personal Laws:
1.Hindu law :
Civil proceedings under:
(A) Section 26 of Hindu Marriage Act, 1955.
(Note: Interim Maintenance for children cannot be granted under Section 24 of Hindu Marriage Act, 1955 as per 98th Law Commission Report on Section 24 to Section 26 published in April, 1984. Both interim and permanent maintenance can be granted only in Section 26 for children.)
(B) Section 20 of Hindu Adoptions and Maintenance Act, 1956.
2. Muslim Law:
Civil Proceedings under:
(A) Section 3(1)(b) of the Muslim Women Protection of Rights and Divorce) Act, 1986.
(B) Application to Wakf Board for grant of maintenance from other relatives like grandfather in case father is infirm or poor or woman fails to get maintenance from husband.
(Note: the maintenance available in Section 3(1)(b) provides the right to divorced woman only to claim maintenance for children up to two years from their date of birth and this has nothing to do with independent right of children to claim maintenance from father under Muslim law. Maintenance can be demanded by child in Section 125 Cr. P.C. and by divorced wife for child in Section 3(1)(b). In Noor Saba Khatoon vs. Mohd. Quasim, AIR 1997 SC 3280, Supreme Court held that there is no conflict between these two laws. Under Section 125 Cr. P. C., the liability of Muslim father is absolute to maintain his children till they attain majority or are able to maintain themselves, whichever date is earlier. In case of female children, the liability extends up to marriage. Muslim Law doesn’t provide for maintenance of illegitimate children.)
3. Christian law:
Civil proceedings under:
(A) Section 9 of Civil Procedure Code.
(Note: There is no provision for child maintenance in Christian law, but Karnataka High Court in K. Kumar vs. Smt. Leena and anr., on 7th December, 2009, provided that Christian wife and child can claim maintenance under Section 9 of CPC)
4. Parsi Law:
Parsi law does not provide for the claim of maintenance by children. The claim is generally made under criminal proceedings in Section 125 Cr. P.C. only, not civil proceedings.