Comprehensive Analysis of Maintenance, Financial Support, and Guardianship Rights for Illegitimate Children in India

Abstract

This paper provides a comprehensive analysis of the legal framework governing maintenance, financial support, and guardianship rights for illegitimate children in India. Drawing from personal laws applicable to Hindu, Muslim, Christian, and Parsi communities, as well as secular statutes like the Code of Criminal Procedure, 1973, and the Guardians and Wards Act, 1890, it explores statutory provisions, judicial precedents, and the distinct roles of mothers and fathers. The study highlights progressive elements in Hindu law, restrictions in Muslim personal law, and the unifying role of secular mechanisms. It also addresses socio-legal challenges such as social stigma, paternity disputes, and enforcement gaps, recommending reforms like a Uniform Civil Code and enhanced welfare schemes. By emphasizing the child’s welfare as paramount, the paper advocates for equitable protections to integrate illegitimate children as equal citizens.