Maintenance

Querist : Anonymous (Querist) 10 December 2011 This query is : Resolved
dear legal experts plz help in a social cause
the query is related to two sons one is 18yrs old and other is 16yrs old their mother expired 3yrs back both these sons are studying their father is a govt servant and he remarried just after 6months of their mother's death now he is not paying attention to them and these sons are dependant on their grand mother living in the same home no ancestral property is there plz help me in providing the relief to these sons so that they can stand on there feet.

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Nadeem Qureshi (Expert) 10 December 2011
file a CASE FOR MAINTINANCE AGAINST FATHER & PROVE THAT BOTH THE SON ARE UNABLE TO MAINTAIN THEMSELF, IF COURT THINK FIT THEN COURT MAY PASSED AN ORDER FOR MAINTINANCE.
U/S 125 CRPC

Raj Kumar Makkad (Expert) 10 December 2011
Both sons are entitled for the grant of maintenance allowance from their father under the provisions of section 125 Cr. PC till they complete their studies and become earning hands. They both can be provided free legal aid under legal services authority by moving a simple application that they are not earning hands and have to file a case against their father. They shall be provided with free of cost lawyer and all litigation expenses.

Raj Kumar Makkad (Expert) 10 December 2011
If you tel the place of residence of those children, I can arrange for their litigation. You may send me personal message for this purpose.

Devajyoti Barman (Expert) 11 December 2011
Unfortunately only one of the sons who is 16 years of old can claim maintenance u/s 125 crpc for the next 2 years as the son after attaining 18 years of age is not legally entitled to maintenance.

Sailesh Kumar Shah (Expert) 11 December 2011
I suggest you to contact makkad sir for relief for 1 son.

Guest (Expert) 11 December 2011
Agree with Shri Barman.

Querist : Anonymous (Querist) 13 December 2011
thanks for all your valueable feedback. I want add here one more point dear experts plz tell me any other solution for getting their right from their father and mr makkad sir they are ROHTAK HARYANA.

Advocate. Arunagiri (Expert) 13 December 2011
You can seek maintenance from your father. S.125 Cr.P.C.

prabhakar singh (Expert) 13 December 2011
Only the minor one aged 16 can seek maintenance from your father. S.125 Cr.P.C.

With regard to second post if any property begetted by your great grandfather inherited by your father because it was left behind by your grand father shall make both of the sons entitle to claim a share as an independent coparcener therein.

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