Kiongozi cha Sheria Further, there is a dire need to protect children legally before or after birth. Therefore children should live with their parents unless otherwise, children should be taken care of through being provided with nutritious food, health care, education and love. People responsible for this obligation are parents or guardians and if they are not in a position to do so then it is the government, which should take this responsibility. Under the Law Marriage it is the duty of a man to maintain his infants/children regardless whether they are in his custody or the custody of any other person by providing them with such accommodation, clothing, food and education as may be reasonable having regard to his means and station in life. A woman has a duty to maintain or coutribute to the maintenance of her infant/ children if their father is dead, his whereabouts are unknown or if and in so far as he is unable to maintain them. Under the law, it is a criminal offence for parents to deny their children proper care. Children born out of wedlock Such children have also a right to be taken care of and be maintained by their fathers. So a woman who has a child born out of wedlock, has a right to demand maintenance from its father. Such maintenance shall be provided voluntarily by the said father or after the court has ordered the putative father to do. Order of Maintenance A woman who gets pregnant out of wedlock can apply to the District Court for order that the man responsible for the pregnancy be declared a putative father and this putative father to provide maintenance during the 131
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