Can grandmother claim maintenance?
Muzibur Rahman
(Querist) 06 April 2016
This query is : Resolved
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.
Sudhir Kumar, Advocate
(Expert) 06 April 2016
You have to understand :-
(i) Divorce has ended relation ship with your wife but not with your child.
(ii) You are liable to maintain the child
(iii) When a child is abandoned like orphan by father and mother (both alive) the child does not lose right of maintenance.
(iv) Such child if in custody of any grandparent then such grandparent is natural guardian and doe snot required any court order.
(v) Natural guardian has got jurisdiction to protect the right of the child including suing child’s father for maintenance.
(vi) You are liable to pay maintenance.
You should pay the maintenance without litigation. Even cost of litigation incurred on behalf of child can be claimed as part of maintenance.
Devajyoti Barman
(Expert) 06 April 2016
Yes, the grandmother though not a natural guardian but in this case is a de facto guardian and hence can as the de facto guardian of the grandchild can claim maintenance.
Pendency of custody case has no relation with it though because of this maintenance case filed by the grand mother your chance of success in custody increases manifold.
Kumar Doab
(Expert) 06 April 2016
Agreed with experts.
Mr. Sudhir Kumar is generous and courteous and right that Mr. Barman has described clearly.
Rajendra K Goyal
(Expert) 06 April 2016
Child is entitled for the maintenance, if he is living with her grandmother, he is entitled through her.
Agree with the experts.
Muzibur Rahman
(Querist) 06 April 2016
Thank you for your valuable replies.
