3 min read

Duty of parents to maintain their children

Written by
Monalisa
Published on
27 January 2025

Do you know that duty of children maintenance lies with parents under Women's Charter 1961 Act section 68?

It means that, parents have duty to provide for accomodation, clothing, food and education according to thier financial ability, regardless whether the child is legitimate or illegitimate, and whether the child is in his custody or her custody or any other person's custody; with exception that if there is an agreement or court order provides.

In the recent divorce case between a retrenched wife and self-employed husband, the wife wanted her husband to pay $2,000/month for their two children as she is already footing about $4,000/month. The man was willing to pay only $1,000 as his reason was that his entrepreneurial efforts have yet to bear fruits. 

The judge ruled that it would be inequitable for the husband to use his continued unsuccessful entrepreneurial efforts as reason to cut his payments for children. Just as the husband expected his former wife to look for another job to support the children, he too must find employment to help out with children expenses. 

So, take note: Regardless, parents have duty to maintain their children until they turn 21.

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