Civil Procedure Code (CPC)

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Sudhir Yadav   09 July 2018

Child rights & welfare

I want to know what legal opotion Childrens (minor of age 11 and 5, both male) and grandparents for welfare of their grandchildrens have when

1. Father and Mother doesnt live together, both are of lowest possible character. And are hell bent on ruining their own childrens lives.

2. Father doesnt want to play active role in children upbringing (only financial that also limited) and deosnt want to live with wife because of her alleged extra marital affair and subsequent hatred towards her. He is alcoholic, wasted his life so far and quite a lot of family fortune thus was evicted from property.

3. Mother doesnt care about childrens welfare, she uses them as her bargain chip, demanding and expecting money or property from her in-laws (Grandparents). She initially wanted divorce because of alleged extra marital affair of her Husband, in hope of money/property, later on took a u turn, now she doesnt want divorce.

4. Both of them living separately for about 3-4 years now.

5. Since birth of both the childrens, all the expenses of upbringing was done by grandparents.

6. Mother has been draging them to her native home during school time, impacting their education, just pressurise grandparents in accepting her demands. She is living in in-laws home, even after eviction of her husband (Father), and expecting regular maintenance or share in property from in-laws. In-laws (Grandparents) are compelled for what all is happening because of care for their grandchildrens.

The issue is complicated and much more to write but i tried to keep it short. I want to know what is the legal position of these Childrens and Grandparents.

Current status: The 11 year old was draged by her mother to native village (its literally village) till her demands are not met. Its been over 1.5 months his school resumed. Every year this happens. The younger 5 year old has already lost 1 year of education due to similar drama she played last year.

We tried to talk to both of them and tried convincing that let the kids stay at grandparents where they have been living since their birth and took all education so far, till you both sort out you marriage/divorce issue. But Father says he doesnt care and he will only contribute financially for their education. Mother says she wants money/property from grandparents and will only let kids to live their if her demands are met. On the question of kids education, she says thats her look out.

These kids had lived in bunglow till now, went to best school in the city. And now they are kiving in 10 by 10 room in a village and no schooling.



 3 Replies

Nitish Banka (lawyer)     09 July 2018

Dear Sudhir,

You cannot do much unless the parents are ready to give their children for adoption. Feel free to discuss your case.

Adv. Nitish Banka

Advocate suprme court of India

Dr J C Vashista (Lawyer)     10 July 2018

Too long a story. Be brief and precise to seek FREE ADVISE from experts on this platform.

Consult and engage a local lawyer for proper appreciation of facts, guidance and proceeding.

Sudhir Yadav   10 July 2018

I was not thinking of adoption, i was hoping that law will have some recourse for those kids, so that parents are bound to do atleast basic things like regular education, good living conditions etc.


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