umw (h) 05 March 2010
Hi Friends,This is regarding my aunty. My aunty age is 50 yrs ,working women,Teacher,Governmnet Service.My Uncle age is 60,retired government servent. They have one 100% handicapped son , currnetly staying with Uncle. My uncle and aunt is saepaerate now.My uncle has lodge divorec prettion and had asked for divorec as well as maintenance for son.Kindly advice me on this situation.
Suchitra. S (Advocate) 05 March 2010
Your anuty can ask for her maintenance and also for her son's maintenance. She can aslo claim property for her son, if your uncle has any.
rajesh saharan (ADVOCATE) 05 March 2010
in addition...
your aunty can file a petition for the custody of handicapped son under the Guardians and Wards Act, before the District Judge of your jurisdiction.
rajesh saharan (ADVOCATE) 06 March 2010
With due respect I differ with my friends above.
prabhakar sir, plz note...
your aunty can file a petition for the custody of handicapped son under the Guardians and Wards Act, before the District Judge of your jurisdiction.
plz correct me if I am wrong.
ad. creaminall (professional Advocate) 06 March 2010
Mr. prabhakar is absolutely right and his opinion is proper. your uncle can claim maintenance for himself and for his son from your aunt.
rajesh saharan (ADVOCATE) 06 March 2010
ad. creaminall sir . i also agree that prabhakar sir is absolutely right but plz take a look at the question again...
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Hi Friends,This is regarding my aunty.
Hardik Mehta (Family Counsellor) 07 March 2010
Since the maintenance case was filed only for the son, the maintenance will be granted immediately since he is handicap and wife is working. This will be till the pendency of the case and in futher maintenance will be decided by the court. Even if the wife files for custody of the child, the maintenance has to be given by the wife till the disposal of the custodial case.
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