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G. ARAVINTHAN (Legal Consultant / Solicitor)     05 May 2010

Maintenance filed by Guardian?

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 under 125 Cr.P.C
Pending proceedings, she died. no other close relatives for minors. Now who can represent the minor children?



Learning

 2 Replies


(Guest)

A very good question;

1. STATE is legal guardian and maint. will be provided for by father on expedient grounds whose legitimate children these two unfortunate souls are now.
2. If you are legal counsel then kindly ensure their boarding school full paid expenses from their father and till majority STATE will remain their legal guardian. Also kindly ensure progress reports of theirs on quarterly basis on moral grounds. (I srongly have a belief that a Ld. Councel is first a human being, then a proffesional)
3. If any help required I being based out of New Delhi kindly do not hesitate. It is the welfare of these unfortunate kids which is paramount in such harsh flick of fate.
Rgds

Gundlapallis (Advocate)     06 May 2010

There are many NGOs working on issues of children - entrust children to them and they can takeover the maintanance case in capacity of the nearest friend, you can continue your service as legal counsel and win maintenance for them. 


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