Maintenance and Residence of Female Child

Under the Hindu Marriage Act, there is provision for permanent alimony or allowance. Under section 4 of the Prohibition of Child Marriage Act, in case of annulment of a child marriage by the Court, provision has been made for maintenance and residence of female child-party to the marriage.

However, it is significant to note that there is no provision for any such maintenance or residence of a male child-party to the marriage.

Even during pendency of the petition, interim order for maintenance can be passed in favour of the female child. The idea is to enable the female child party to maintain and support herself during pendency of the litigation.

Interim Maintenance when Main Petition is Pending

Interim Maintenance when Main Petition is Pending Before the Court While granting a decree under section 3, the District Court may also make an interim or final order directing the male contracting party to the child marriage, and in case the male contracting party to such marriage is a minor, then directing his parent or guardian to pay maintenance to the female child-party to the marriage until her remarriage. (Section 4)

Therefore, if you are a male child, you are not entitled to maintenance or interim maintenance. But if you are the female child, during pendency of petition under Prohibition of Child Marriage Act, you are certainly entitled to claim interim maintenance. If the respondent is a minor at that time, his parents or guardian shall be liable to pay you maintenance. The condition is that you, the female child, shall not be entitled to such maintenance the moment you remarry.

What would be the Quantum of Maintenance to be Awarded to the Female Child who Contracted Marriage

The quantum of maintenance payable to you as female child is to be determined by the District Court having regard to your needs, the lifestyle enjoyed by you during your marriage and the means of income of the paying party i.e., the male child, if not a minor, and those of his parents in case the male child is a minor at that time. (Section 4).

The amount of maintenance so ordered in your favour as a female child may be directed to be paid monthly or in lump sum.

As to when Court can Pass Order for Residence of Female Child-party to the Child Marriage

Section 4 of Prohibition of Child Marriage Act provides that in case the party making the petition under -section 3 is the female child, the District Court may also make a petitionable order as to her residence until her remarriage.

As to when Court can Pass Order for Modification or Revocation of Order Granting Maintenance or for Residence (section 7)

The District Court has been empowered to add to, modify or revoke any order made under section 4 and if there is any change in the circumstances at any time during the pendency of the petition and even after the final disposal of the petition.

.