Children's right
Arvind Singh Chauhan
(Querist) 16 March 2013
This query is : Resolved
Sir, two minor children were abandoned by her step mother after the death of their father, and seeking shelter.
How they can seek monetary relief from mother. Who can file 125 or other application on behalf of them. Whether guardian ship is must in such case to file application ?
Mother is receiving family pension of their father and enjoying the property also. so many application has been sent to pension disbursing authority but no body is hearing their plea.
Raj Kumar Makkad
(Expert) 16 March 2013
Any person can move an application to the local CJM being Secretary of legal Service Authority Act to appoint a Court guardian for such destitute children and provide them relief as sought. Both children are not only entitled to get regular maintenance from their step mother but also safety and security of their property inherited by them after demise of their father which is 2/3 and their step mother is only owner of 1/3 share.
Devajyoti Barman
(Expert) 16 March 2013
The de facto guardian can apply for due share in the property. However no proceeding would lie claiming for maintenance.
