Even Illegitimate Child Has Right To Maintenance From Father, Rules Chhattisgarh High Court

Last Updated:February 03, 2026, 14:44 IST

The Chhattisgarh High Court ruled that even an illegitimate child has the right to maintenance from the father, dismissing marital disputes or legitimacy as excuses

The Chhattisgarh High Court made it clear that every child deserves protection, security, and financial support.

In a single-bench ruling, the Chhattisgarh High Court held that even an illegitimate child has the right to receive maintenance from the father. The case arose after a husband claimed that a child born just five months after the marriage ceremony was not his.

Family Court Order

Earlier, the Family Court had granted a divorce to the wife but directed the father to pay a monthly maintenance of Rs 1,000 for the child.

Challenging this order, the father approached the High Court, arguing that since the child was not his, he should not be held liable for maintenance.

High Court’s Ruling

The High Court dismissed the father’s petition, clarifying that the objective of Section 125 of the CrPC is to prevent children from being abandoned. The court emphasised that whether a child is legitimate or illegitimate, parents are duty-bound to ensure their maintenance.

It further stated that allegations of immorality or marital disputes cannot override a child’s legal rights.

Social And Legal Significance

Legal experts say the ruling reinforces the judiciary’s commitment to safeguarding children’s welfare. It underlines that a child’s rights remain paramount, regardless of disputes between parents.

Implications For Future Cases

The judgment is expected to guide future maintenance cases by removing ambiguity around a father’s responsibility towards an illegitimate child.

The court made it clear that every child deserves protection, security, and financial support.

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