48 NATIONAL HUMAN RIGHTS COMMISSION section a Hindu is bound, during his or her lifetime, cruelty, if the child is physically incapacitated or (1) If any person having sufficient means neglects or to maintain his or her legitimate or illegitimate develops a mental illness or is rendered mentally refuses to maintain- children and his or her aged or infirm parents. unfit to perform regular tasks or has risk to life or (a) his wife, unable to maintain herself, or (2) A legitimate or illegitimate child may claim limb, such person shall be punishable with rigorous (b) his legitimate or illegitimate minor child, maintenance from his or her father or mother so imprisonment, not less than three years but which whether married or not, unable to maintain itself, long as the child is a minor. may be extended up to ten years and shall also be or liable to fine of five lakhs rupees. (c) his legitimate or illegitimate child (not being 11 Section 75 of JJ Act: Punishment for cruelty to child Whoever, having the actual charge of, or control a married daughter) who has attained majority, Section 87 of JJ Act: Whoever abets any offence where such child is, by reason of any physical or over, a child, assaults, abandons, abuses, exposes under this Act, if the act abetted is committed in mental abnormality or injury unable to maintain or willfully neglects the child or causes or procures consequence of the abetment, shall be punished itself, or.. the child to be assaulted, abandoned, abused, with the punishment provided for that offence. 12 exposed or neglected in a manner likely to cause such child unnecessary mental or physical 13 Section 68 of jj Act, 2015: The Central 15 Section 24 of Guardianship and Wards Act, 1890: Duties of guardian of the person suffering, shall be punishable with imprisonment Adoption Resource Agency existing before the for a term which may extend to three years or with commencement of this Act, shall be deemed to fine of one lakh rupees or with both: have been constituted as the Central Adoption PROVIDED that in case it is found that such Resource Authority under this act to perform abandonment of the child by the biological parents the following functions, namely:- a) to promote is due to circumstances beyond their control, it in-country adoptions and to facilitate inter-State shall be presumed that such abandonment is not adoptions in co-ordination with State Agency; b) willful and the penal provisions of this section shall to regulate inter-country adoptions; c) to frame of children not apply in such cases: regulations on adoption and related matters from In any proceeding under this Act, the Court may, Provided further that if such offence is committed time to time as may be necessary; d) to carry out from time to time, pass such interim orders and by any person employed by or managing an the functions of the Central Authority under the make such provisions in the decree as it may organisation, which is entrusted with the care and Hague Convention on Protection of Children and deem just and proper with respect to the custody, protection of the child, he shall be punished with Cooperation in respect of Inter-country Adoption; e) maintenance and education of minor children, rigorous imprisonment which may extend up to five any other function as may be prescribed. consistently with their wishes, wherever possible, years, and fine which may extend up to five lakhs A guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education, and such other matters as the law to which the ward is subject requires. 16 Section 26 of The Hindu Marriage Act, 1955: Custody and may, after the decree, upon application by Section 125 of Criminal Procedure Code, 1973: Order rupees: 14 Provided also that on account of the aforesaid for maintenance of wives, children and parents. petition for the purpose, make from time to time,