Can a woman demand child maintenance after a live-in relationship ends? Can an unmarried father be forced to pay? Does the mother’s income matter? Here is what Indian law and Supreme Court judgments actually say in 2026.
NEW DELHI: A live-in relationship ends, and the woman demands child maintenance, school fees, medical expenses and financial support from her former partner. The man refuses, arguing that they were never legally married.
Can a father escape child maintenance simply because there was no marriage? Absolutely not.
Under Indian law, a child born from a live-in relationship has an independent right to claim maintenance, regardless of the parents’ marital status.
But does that mean the father alone must bear every expense, even when the mother is financially independent?
No. Child maintenance is not a blank cheque, and courts cannot simply ignore the mother’s income.
Indian courts must consider the applicable law, the child’s genuine needs and both parents’ financial circumstances. A failed relationship cannot erase a father’s responsibility, but it also cannot be an excuse to place the entire financial burden on him.
WHO PAYS CHILD MAINTENANCE AFTER A LIVE-IN RELATIONSHIP ENDS?
Both biological parents have responsibilities towards their child, subject to the applicable law and their financial circumstances.
After a live-in relationship ends, the parent who has custody may seek financial support from the other parent.
The court examines:
- Whether parentage is established.
- The child’s age and financial needs.
- The income and resources of both parents.
- Actual school, medical and living expenses.
- Existing financial contributions.
- Any special requirements of the child.
A father cannot escape his lawful responsibility merely by denying the existence of marriage.
Similarly, a mother cannot assume her financial position is irrelevant when the court determines a fair contribution.
SECTION 144 BNSS: CAN AN UNMARRIED FATHER BE ORDERED TO PAY?
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the principal summary-maintenance provision for new proceedings in 2026.
It replaced Section 125 CrPC from July 1, 2024, subject to transitional provisions for older pending proceedings.
Section 144(1)(b) expressly covers a legitimate or illegitimate child who is unable to maintain themselves.
Therefore, a child born from a live-in relationship does not lose the right to seek maintenance simply because the parents never married.
A Magistrate can order monthly maintenance and interim maintenance where statutory requirements are satisfied.
Section 144 BNSS does not prescribe a universal fixed percentage of the father’s salary.
The amount depends on evidence, financial capacity and the child’s reasonable needs.
CAN THE MOTHER ALSO BE MADE TO PAY CHILD MAINTENANCE?
Yes, where the applicable law and circumstances justify her contribution.
Section 20 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA) expressly obligates Hindu fathers and mothers to maintain their legitimate and illegitimate minor children.
The provision also addresses maintenance of an unmarried daughter who cannot maintain herself, including circumstances extending beyond majority.
The Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324, observed:
“Education expenses of the children must be normally borne by the father.”
But the Court also recognised that where the mother is working and earning sufficiently, educational expenses may be shared proportionately.
This does not mean an automatic 50:50 division.
Consider a father earning ₹80,000 monthly and a mother earning ₹1,20,000.
Should the father automatically be directed to bear every expense while the mother’s salary is ignored?
No such automatic rule exists.
The court must evaluate the relevant financial circumstances and applicable legal principles. The actual contribution will depend on the evidence.
DOES THE LIVE-IN PARTNER HAVE A SEPARATE RIGHT TO MAINTENANCE?
This is where many maintenance disputes become complicated.
An unmarried partner does not automatically become a legally recognised wife under Section 144 BNSS.
However, Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 recognises a relationship in the nature of marriage.
Where the statutory conditions are established, an aggrieved woman may seek monetary relief under Section 20 of the DV Act, including maintenance for herself and her children.
Such relief depends on the requirements of the DV Act, including the relevant domestic relationship and domestic violence.
In D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469, the Supreme Court explained that not every live-in relationship automatically qualifies as a relationship in the nature of marriage.
Therefore, the woman’s personal maintenance claim and the child’s maintenance claim must be examined separately.
SUPREME COURT JUDGMENTS EVERY LIVE-IN FATHER SHOULD KNOW
- 1. SAVITABEN SOMABHAI BHATIYA v. STATE OF GUJARAT, (2005) 3 SCC 636
This is particularly important for understanding the difference between a woman’s maintenance rights and those of her child.
The woman claimed maintenance under Section 125 CrPC. The man disputed her status as his lawful wife and also denied paternity.
The courts found that his earlier marriage was subsisting, affecting the woman’s claim to maintenance as a wife.
However, the child’s maintenance entitlement remained independently relevant.
During the Supreme Court proceedings, counsel for the man argued against enhancing the child’s maintenance because the original application had not been amended.
The Court rejected that objection:
“We find that this is a too technical plea.”
Under the circumstances then prevailing, the Supreme Court enhanced the child’s maintenance from ₹500 to ₹850 per month, while dismissing the woman’s personal claim.
- INDRA SARMA v. V.K.V. SARMA, (2013) 15 SCC 755
The Supreme Court examined when a live-in relationship qualifies as a relationship in the nature of marriage under the DV Act.
Relevant considerations included duration of cohabitation, shared household, financial arrangements, social conduct and children.
Importantly, having a child can be a significant indicator of a marriage-like relationship, but it does not automatically establish every statutory requirement.
- RAJNESH v. NEHA, (2021) 2 SCC 324
The Supreme Court set out key guidelines governing maintenance proceedings.
These include disclosing assets and liabilities, considering financial circumstances, and adjusting overlapping maintenance orders.
The judgment also requires courts to consider reasonable child-related expenses, including education, healthcare and living costs.
This decision remains central to maintenance litigation in 2026.
2026 CALCUTTA HIGH COURT: CAN A FATHER FACE DOUBLE FINANCIAL LIABILITY?
In Poulami Tarafdar (Saha) v. Dibesh Saha, CRR 146 of 2023, decided on July 31, 2026, the Calcutta High Court examined a child-maintenance dispute involving an ₹11 lakh fixed deposit.
The father had already arranged the deposit pursuant to an earlier court order.
The mother sought regular maintenance, but questions arose about the supporting documents for the claimed expenses and how the existing deposit would be treated.
The High Court directed fresh consideration of the child’s monthly maintenance and protected the father against having to continue both arrangements simultaneously if fresh monthly maintenance was ordered.
This case involved married parents, not a live-in relationship. Nevertheless, it illustrates the importance of proving expenses and properly accounting for existing financial arrangements.
A child must be supported, but the same financial obligation should not be imposed twice without proper judicial consideration.
HOW IS CHILD MAINTENANCE CALCULATED IN INDIA?
No standard formula requires a father to pay 25%, 30%, or 50% of his income in every case.
Courts consider reasonable expenses such as:
- Food, clothing and accommodation.
- School fees, books and transportation.
- Medical treatment and insurance.
- Reasonable extracurricular activities.
- Special healthcare or disability-related requirements.
The parents’ financial positions, actual contributions and the child’s established requirements also matter.
Inflated claims are not automatically accepted merely because they appear in a maintenance petition.
Similarly, a father cannot defeat a genuine claim simply by alleging the demanded amount is excessive.
Documentation matters more than accusations.
CAN A MAN DENY PATERNITY TO AVOID CHILD MAINTENANCE AFTER A LIVE-IN RELATIONSHIP?
Can a man be forced to pay child maintenance when he disputes being the biological father? The answer depends on the evidence.
Courts may examine birth records, messages, admissions, cohabitation evidence and other relevant documents to establish paternity.
A man can also request a DNA paternity test, but courts do not order one automatically. The decision depends on the facts, legal requirements and the child’s rights.
Merely denying paternity does not automatically free a man from child maintenance liability. Equally, disputed fatherhood must be examined through legally admissible evidence, not assumptions.
UTTARAKHAND UCC: SPECIAL RULES FOR LIVE-IN CHILDREN
Uttarakhand introduced a specific statutory framework governing live-in relationships through its Uniform Civil Code, implemented in 2025.
Section 379 of the Uttarakhand UCC expressly recognises a child of a live-in relationship as the couple’s legitimate child.
Section 388 provides for a maintenance claim by a woman deserted by her live-in partner.
These are state-specific provisions, subject to the Code’s applicability and relevant amendments. They should not be presented as a nationwide law applicable in identical terms across India.
HOW CAN CHILD MAINTENANCE BE CLAIMED OR CONTESTED?
A child-maintenance claim may be pursued under Section 144 BNSS before the competent court, depending on jurisdiction. Where applicable, other statutory remedies may also be available.
A parent contesting the amount should prepare:
- Income Tax Returns, salary slips and financial disclosures.
- Proof of existing child-related payments.
- School fee receipts and medical bills.
- Evidence relating to the other parent’s income, where legally obtainable.
- Copies of previous maintenance orders and relevant settlements.
Where multiple orders cover the same beneficiary and period, seek appropriate adjustment under the principles of Rajnesh v. Neha.
Do not stop complying with an existing order or unilaterally deduct amounts without proper legal authority.
CAN A FATHER SEEK CUSTODY OR VISITATION AFTER A LIVE-IN BREAKUP?
Yes. A father may seek appropriate custody or visitation orders, with the child’s welfare remaining paramount.
A maintenance dispute does not automatically eliminate a father’s opportunity to seek contact with his child.
Similarly, alleged denial of visitation does not authorise a parent to disregard a lawful maintenance order.
Fathers should approach custody and access proceedings separately and present a practical parenting plan.
CONCLUSION
A live-in relationship may end, but parental responsibility does not. Under Indian law, a child born outside marriage has the right to claim maintenance, irrespective of the parents’ marital status.
However, child maintenance should not automatically become the father’s exclusive financial burden. Courts must consider both parents’ incomes, financial capacity and the child’s genuine needs.
A father cannot escape responsibility because there was no marriage. Equally, a financially independent mother should not be allowed to shift the entire burden onto the father without scrutiny.
Child maintenance must protect the child, not become a tool for financial exploitation after a failed relationship.
FAQs
- Can a live-in partner force a man to pay child maintenance?
Yes. Section 144 BNSS protects children born outside marriage, subject to legal conditions.
- Must a father pay 100% child maintenance after a live-in breakup?
No. The court considers both parents’ incomes and the child’s needs.
- Can an earning mother still demand child maintenance?
Yes. But her income may affect how the child’s expenses are shared.
- Can a girlfriend claim maintenance without marriage?
Yes, potentially, if the relationship satisfies the DV Act’s legal requirements.
- Can a man refuse child maintenance if he doubts paternity?
Not automatically. He can dispute paternity and seek a DNA test, subject to court approval.
