Re: [ap Judicial officers:135] About claiming of Maintenance bygrandparents on behalf of minors (mother died) from her father

[kiran kumar]

friend this is my view:

     Both under the personal law and statutory law, the obligation of a father, having sufficient means, to maintain his minor children.

   Minor is a person who cannot safeguard his or her own interests, requires representation by some other person as next friend or guardian for judicial proceedings and also under Section 125, Cr. P. C.

'Guardian' means a person having the care of the person of a minor or of his property or of both person and property. Guardians may be natural, testamentary, guardians appointed under the Guardians and Wards Act.

     If it is under Section 125 cr.p.c, in view of the beneficial object of the provision to give social justice to the child, grand parents if they are having care of minors they can file case for maintenance. If the father of minor child disputes guardian ship, care, relation ship of the grandparents court has to give its findings. Welfare of minor is to be paramount consideration.

    There are no restrictions for trying cases.

On Tue, Nov 5, 2013 at 8:39 AM, DRK - The Judge <dasar...@gmail.com> wrote:

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Hi friends,


Can grandparents may claim maintenance from their son-in-law on behalf of their grandchildren when their son-in-law refused to maintain them on the death of their daughter?
 Is this tenable or do we have any restrictions for allowing the petition?

Here, Grandparents are representing on behalf of minors.


Regards,
DRK

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[Sindhu m]

Namasthe all,

In continuation to the discussion on maintenance, I would like to seek clarification on the aspect, whether a father can claim maintenance from his illegitimate child leaving behind his legitimate children. Kindly respond.
 

[kiran kumar.d]

Madam,
  Maintenance cannot be granted to a person/( father/mother) from his illegitimate daughter or son under section 125 cr.p.c, where as illegitimate child is entitled to claim maintenance from illegitimate father.

please go through our high court's  judgment: K.Kamaladevi v/s K.Kumar shekar reported in 1993(2)  ALT (crl) 553.

[kiran kumar.d]

 
friends in continuation of above discussion, .....i invite discussion on the following....

 father having 3 legitimate sons all are having sufficient means he filed maintenancne case against only one son, whether father can claim maintenance against only one son leaving others? whether father having choice to claim maintenance on specified child alone leaving other child who are also equally responsible?