Child support
Guest
(Querist) 05 August 2013
This query is : Resolved
i have two queries.
a woman cites acute financial hardship and prays to court that she is not able to maintain herself and her child.
can a woman ask for maintenance on behalf of her minor child under CrPC 125 in the same petition or does the child need to file a separate petition?
what happens to the child if the father doesn't pay maintenance and put to prison, can The Juvenile Justice (Care And Protection Of Children) Act, 2000 be invoked and child taken by govt. to provide for care as the mother had already submitted that she is not able to maintain the child?
Devajyoti Barman
(Expert) 05 August 2013
In the same petition the wife can claim maintenance for the wife and the child.
No. no such thing would be happened.
Dr J C Vashista
(Expert) 06 August 2013
1.Single petition is sufficient.
2. No
Guest
(Querist) 06 August 2013
respected experts, pardon my ignorance.
My question was different.
1)CrPC 125 doesn't mention that such petitions can be clubbed, it merely mentions an application only. is there a case law which settled this?
for a situation, where a male neglects all in family, can a wife move a petition to claim maintenance for herself, her child, and her FIL and MIL all clubbed together?
2)in this scenario, the magistrate gets an application from mother that she is in acute financial distress and not able to maintain the child and also the father is in prison, so.. the child is left to die if not the state helps.
can a NGO highlight this and submit a separate petition to the magistrate ?
Dr. Jyothi Vishwanath
(Expert) 06 August 2013
Single petition can be filed.
The NGO can provide maintenance to the child instead of taking the child away from the mother.
Why does the NGO wants to take the custody of the child. Something fishy....
Human trafficking or prostitution, child beggary, it can be anything in the mind of the NGO. If it is really good NGO, it can provide maintenance to the mother itself.
Devajyoti Barman
(Expert) 06 August 2013
NGO can not file petition u/s 125 crpc. Such petition is however maintainable under OWDV Act.
Guest
(Querist) 06 August 2013
thanks experts. the reason behind the query was to understand if a mother runs the risk of losing custody of child by saying that she is not able to maintain the child as she is not having any money.
is there any provision under law where the child can be taken from the mother because she herself claims that she is not able to take care of the child for money.
V R SHROFF
(Expert) 06 August 2013
she don't loose custody
Mtn for wife and children in single 125 Application will serve the purpose.
NGO is diff issue , not related to 125 cr p c
Dr J C Vashista
(Expert) 08 August 2013
I agree with experts.
donot mix two different issues i.e., maintenance u/s 125 Cr PC
and
custody of child as governed under the provisions of sect 6 of Hindu Adoption and Maintenance Act and Section 25 of Guardians & Wards Act
V R SHROFF
(Expert) 08 August 2013
Next time ask your Professor of Law;
STUDENT SHOULD FIRST TAKE HELP OF THEIR TEACHER.
Guest
(Querist) 08 August 2013
No Student
I was looking for a solution. I know the law favors Women.
Mother not able to maintain self and child.
Mother herself says Father having lots of money and can maintain child.
Court doesn't give child to Father. But asks Father to give the Money only but no child.
The Juvenile Justice (Care And Protection Of Children) Act, 2000 defines
a child in need of care and protection'' means a child-
who is found without any home or settled place or abode and without any ostensible means of subsistence,
So, my question was if mother gives self declaration that she is not able to maintain child and father is in jail, then what happens to the child ? because the child is now - without any ostensible means of subsistence.
in such a scenario - The Juvenile Justice (Care And Protection Of Children) Act, 2000
section 32, 33, 42 and relevant sections can be applied or not?
Respected Experts,
if this can be clarified on above lines, it will be very beneficial.
Also, please high light if I missed anything
Dr. Jyothi Vishwanath
(Expert) 08 August 2013
Mother has to maintain the child as she maintains herself. No parent can refuse to maintain the child.
If something happens to the child due to such negligence of the parent, the parent can be booked also for a crime.
Dr. Jyothi Vishwanath
(Expert) 08 August 2013
Further, since the father is in jail, the sole responsibility of maintaining the child lies on the shoulders of the mother. She cannot run away from such responsibility by saying that she has no money.
Guest
(Querist) 08 August 2013
@Dr. Jyothi Vishwanath
Mother is denying that she has means to support the child and neglecting the child.
However to take revenge on father, not allowing the child to be taken care by inlaws.
The mother is working and have enough means.
Can a NGO intervene as in S.33 of the JJ Act, 2000 and ask for explanation or at-least take the child to a better solution. This is my query.
Devajyoti Barman
(Expert) 10 August 2013
All have adequately advised, there is no need to drag this thread anymore.
