Indian Family Law & Supreme Court Guidelines 2026 Section 125 CrPC / BNSS • 25% Net Benchmark • Rajnesh v Neha Rules Scheme: Family Courts & Supreme Court Precedents

Child Maintenance Calculator India

Calculate child maintenance in India under Section 125 CrPC (Section 144 BNSS), HAMA 1956, and Supreme Court guidelines in Rajnesh v. Neha.

In India, maintenance is determined by Family Courts applying the Supreme Court's landmark 25% net salary guideline, comprehensive affidavits of disclosure of assets and liabilities, and the child's socioeconomic status.

Indian Family Court Jurisdiction

Indian Family Court Child Maintenance Calculator

Calculates maintenance using the Supreme Court 25% net salary guideline, child count, and educational costs

Rajnesh v. Neha (SC)

Father's Net Salary (INR ₹ / month) Net in-hand salary (after PF & TDS)

Mother's Net Salary (INR ₹ / month) Primary carer income

Number of Dependent Children Minor children

Supreme Court & Family Court Guideline Matrix 25% Benchmark

Father Net In-Hand

₹85,000.00

Assessed Earnings

Guideline Rate %

25.0%

Judicial Percentage

Monthly Maintenance Due

₹21,250.00

Monthly Interim Order

Annualized Transfer

₹2,55,000.00

INR / Year

Supreme Court Landmark Precedents

Rajnesh v. Neha (2020) Disclosure & Enforcement Mandate

SC Guidelines

Comprehensive Asset Affidavits

Both spouses must file mandatory affidavits detailing all bank accounts, income tax returns (ITR), movable/immovable assets, and lifestyle expenses to prevent income hiding.

Effective Date from Date of Application

The Supreme Court ruled that maintenance must be awarded from the date the petition was filed, preventing defaulting spouses from prolonging trial proceedings.

Statutory Foundations Under Section 125 CrPC / Section 144 BNSS

Under Section 125 of the Code of Criminal Procedure (now replaced by Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023), any person having sufficient means who neglects or refuses to maintain their legitimate or illegitimate minor child is subject to summary maintenance orders passed by Judicial Magistrates or Family Courts.

This statutory remedy is secular and applies to Indian citizens across all religions, operating alongside personal laws like the Hindu Adoptions and Maintenance Act (HAMA) 1956.

The 25% Net Salary Benchmark (Kalyan Dey Chowdhury)

In Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy (2017), the Supreme Court of India established that 25% of the husband's net salary is a fair and reasonable benchmark for maintenance to ensure the dependents live with comparable dignity.

Enforcement and Salary Attachment Under Indian Law

Family Court judges possess wide powers under Section 128 CrPC / Section 145 BNSS to attach the salary of an employed parent at source through a garnishee notice issued directly to employers, as well as issuing non-bailable arrest warrants for civil detention in cases of non-payment.

Legal Clarifications

Frequently Asked Questions: Child Maintenance Calculator India

Authoritative answers based on current statutory rules and legal precedents

Can a father in India claim he has no income to avoid paying child maintenance? ↓

No. The Supreme Court has repeatedly held that an able-bodied husband/father is legally presumed to have the capacity to earn and cannot evade maintaining his minor child by claiming unemployment.

Does a working mother still get child maintenance for her child in India? ↓

Yes. Even if the mother is employed and earns well, the primary duty of maintaining minor children rests equally or proportionately on the father.

Up to what age is child maintenance payable in India? ↓

For sons, maintenance terminates at age 18. For unmarried daughters, maintenance continues until marriage under Section 20(3) of the Hindu Adoptions and Maintenance Act 1956.

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