sanjeev rajpurohit 28 February 2026

Maintenance of kids living with grand father (nana ji) under crpc 125

MY FRIEND DOUGHTER IS COMMITTED SUCIDE AND HER TWO KIDS ARE LIVING WITH NANAJI THE KIDS ARE AGED 16 AND 18 AND STUDING THE ALL EXPENCES ARE BEAR BY NANA JI SINCE LAST EIGHT YEARS NOW CAN NANAJI FILLED A CASE UNDER CRPC 125 AGAINST THEIR FATHER THE KIDS ARE WANTED TO LIVE WITH GRAND FATHER AND MOTHER (NANA JI)
THEY ARE LIVING IN SMALL TOWN PLEASE GUIDE

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Quick Summary

A grandfather is caring for his grandchildren, aged 16 and 18, after their mother's passing. The children wish to remain with their grandparents, and the grandfather has been covering all expenses for eight years. The question is whether the grandfather can file a maintenance case under CRPC 125 against the children's father. Legal advice suggests that a grandfather can indeed file for maintenance on behalf of minor children, and even for an unmarried granddaughter if she is a major, under specific Hindu laws. The children would typically file the petition with the grandfather acting as their guardian.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 28 February 2026

The grandfather can file a maintenance case on behalf of the grandchildren living under his care and custody, against their father under section 125 cr.p.c provided the children are minor by age.

However he can file the maintenance case on behalf of his unmarried granddaughter even if it is major by age but under HAMA if the children are Hindus by religion.

Dr. J C Vashista (Advocate ) 01 March 2026

Presumably the children are Hindu, grandfather should have filed application u/s 125 CrPC, 1973 and/ or Section 20 of HAMA, 1956 for maintenance of his grandchildren by their father.

Advocate Bhartesh goyal (advocate) 01 March 2026

Children can file petition u/sec 125 Cr.P.C through their grandfather against their natural father.

P. Venu (Advocate) 04 March 2026

It is the children who need to file the application with the grandfather as the guardian. However, the facts posted suggests deeper issues. Please post complete facts.