Husband is responsible for the maintenance of children born out of pre-marital relations – Chhattisgarh High Court (symbolic picture)
JNN, Bilaspur. Chhattisgarh High Court has said in an important decision that it is the responsibility of the husband to maintain the child born out of pre-marital relationship.
The single bench of Chief Justice Ramesh Sinha clarified in its order that under Section 125 of CrPC, children born out of premarital relations also have the right to receive maintenance from the father.
The main objective of this law is to prevent destitution and wandering from door to door in the society. This case pertains to a youth from Bemetra district, who was married in April 2016. After the marriage, the Gauna ceremony took place in May 2016, after which the wife came to her in-laws' house.
The wife gave birth to a child in October 2016, only five months after Gauna. The husband alleged that there was no physical relationship between them before Gauna, hence the child was not his.
Due to this dispute, the husband filed a divorce case in the family court. The Family Court allowed the husband to divorce the marriage on the basis that he would pay one thousand rupees every month to the wife for the maintenance of the children.
Challenging this decision of the Family Court, the husband filed a petition in the High Court. In the petition, the husband said that the family court, while passing the divorce decree, had not considered the child as his biological child.
According to the petition, when the child is not his biological child, then why should he bear the responsibility of maintenance? During the hearing of the petition, the Chief Justice said that according to the provision given in Section 125 of CrPC, non-biological children also have the right to get maintenance from their father.
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