Guardian

G. ARAVINTHAN (Querist) 05 May 2010 This query is : Resolved
Wife died leaving minor children.
Husband married other lady, not maintaining children.
Now maternal grand mother, in the capacity of guardian for the minor children, initiates maintenance proceedings.
Pending proceedings, she died. no other close relatives for minors. Now who can represent the minor children?

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A V Vishal (Expert) 05 May 2010
In my opinion the court must appoint a guardian in absence of any close relatives.

G. ARAVINTHAN (Querist) 06 May 2010
even the minors dont know what is the case and who were relations

Ashok Yadav (Expert) 06 May 2010
On moving an application to the court the court can appoint a person as guardian for the benefit of the minor, he/she may not be relative to the minor.

Uma parameswaran (Expert) 06 May 2010
Urgent care is needed to such child .The person who at present taking the care of the child can move a petition to appoint a guardian and child also have the right to get maintenance from her living father.The present care taker can also move a maintenance petition on behalf of the child.

James Arun (Expert) 06 May 2010
How old are the children? Who is taking care of the children now? If no relatives are available, is the father not willing to take the children into his care? Or is anyone prohibiting him? Where are these children located? Where is the father located? What does the father do? Write in detail for us to give you a practical solution.

Adv James Arun
arunkumarpj@gmail.com

G. ARAVINTHAN (Querist) 07 May 2010
Children are 8 years now and the person looking after the children is an illiterate and have no knowledge regarding the case before the Court