Guardianship and Maintenance

Vinoba (Querist) 15 September 2010 This query is : Resolved
Hello,
I would like to get clarified on some legal points. I will give the facts in nutshell:
i) 'F' is my client and she died by committing suicide on instigation of her husband 'H'.
ii)'F' and 'H' are having a child aged about 4 years.
iii) Child 'C' is under the care and custody of its grandparents i.e, parents of 'F'.
iv) grandparents of 'C' are around 60 years of age and hence they are not financially that sound but can provide basic necessities.
v) grandparents want to file GOP for guardianship of person 'the child'.
vi)'H' husband is not giving any maintenance for the child 'C'. Husband 'H' is having a property and he is planning to alienate the same to third parties.
What step the grandparents have to take legally.
L. Vinoba,
Advocate,
Pondicherry

Follow Query

Report Abuse

Devajyoti Barman (Expert) 15 September 2010
If the property is self acquired then the grand parents or the child could do nothing. But the child represented by his grandparent can certainly pray for maintenance from his father.

s.subramanian (Expert) 15 September 2010
Dear Mr.Vinoba,

I think I have already replied this query. You file Guardian O.P. before the District Judge alleging that the natural guardian and father is not taking care of the minor child.
You can also file maintenance suit before the civil court and seek a charge on the property. You can also seek injunction restraining alienation in view of the these circumstances.

G. ARAVINTHAN (Expert) 16 September 2010
even the grand parents can claim maintenance for the child from the father, as the child is under their care

R.Ranganathan (Expert) 16 September 2010
Today I have posted on Article "Welfare of the child" as in in HM & GW act. Supreme court has recently held that it will look into the "welfare" of the child only and order guardianship, in the interest of the child. In the said case, grandfather was given the guardianship of the child since the father got remarried and was having another child through the second marriage. So do as the experts have already pointed out.