Muzibur Rahman (Member) 06 April 2016

Can grandmother claim mainetenance

I am Mr. X. I am a muslim. I was married to Y who is also a muslim girl. We had a child out of our wedlock named A. Now Y divorced me according to muslim rituals before the kaji and got married to another man keeping her child with her mother K. Now K who is the grandmother of A had filed a petition under Sec 125 Crpc before the court claiming maintenance for her grand child A. I want to know whether K had the locus standi to file the petition and claim maintenance for A. K is not appointed by any court as guardian of A. A is 7 years old. And X had also filed a case in another court for the custody of his child A which is pending. Please refer judgements.

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Vijay Raj Mahajan (Advocate) 06 April 2016

The mother of the child can only claim maintenance for the minor child from the father, grandmother (mother of the mother of minor child) who is not even guardian of the minor child has no locus standi to file such petition u/s 125 Cr.P.C.

The only State in India where grandparent can claim maintenance from the grandchildren in M.P. but that is another issue, the petition seeking maintenance for the minor child has to be by the parent when such parent is alive or the natural guardian or duly appointed gaurdian of the minor.

The matter is filled under the Criminal Procedure Code and not the Civil Procedure Code (Order 32) hence the plea that grandmother has filled it for the minor child as next friend also doesn't arise.

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Muzibur Rahman (Member) 06 April 2016

Thank you for your valuable replies. No POA issued by the wife to attend the case. Can you refer any judgements/ case references on this matter. It will be highly appreciated.