Illegitimate child also entitled to maintenance under CrPC: CG HC

Bilaspur | Correspondent: The Chhattisgarh High Court, in a significant ruling, has clarified that any child, even if considered illegitimate in the eyes of the law, is legally entitled to maintenance from their father under Section 125 of the Code of Criminal Procedure (CrPC). A single-judge bench of the Chief Justice dismissed a petition filed by a man challenging a Family Court's order directing him to pay maintenance to a minor child.

The court emphasized in its judgment that the primary objective of this law is to protect children from destitution, poverty, and social abandonment.

According to the case, the petitioner, a resident of Bemetara district, was married on April 22, 2016, and his wife came to his house after the 'Gauana' ceremony on May 18, 2016. Just five months later, the wife gave birth to a child, based on which the husband claimed that the child was not his and that the woman was pregnant before the marriage.

Although the Family Court granted the husband a divorce decree on this ground, it continued the order directing him to pay Rs. 1000 per month as maintenance for the child, considering the child's future.

The High Court upheld this order, stating that Section 125 is a welfare provision and that the rights of children cannot be ignored amidst marital disputes. The court clarified that even if the child falls under the category of illegitimate, they cannot be left helpless, and it is the father's responsibility to provide for the child's maintenance.