Step mother
Arvind Singh Chauhan
(Querist) 28 March 2013
This query is : Resolved
Sir,
Whether minor children can ask maintenance from step mother under 125 ? If Yes please refer citation.
Father is no more, step mother has abandoned the two minor children and enjoying property and family pension of their father.
Under which law children can seek relief & protection please guide.
One more problem is that no body is ready to apply for guardianship of children.
adv. rajeev ( rajoo )
(Expert) 29 March 2013
yes they can file petition u/s 125 thru., their next friend because they are still minors. They can also file a case under DV act
Pradeep MK
(Expert) 29 March 2013
Th minors can file an application under section 125 of CRPC against the mother.
Presuming that you are Hindu following remedies are available.
An application needs to be moved under Hindu Minority and Guardianship Act 1956(HMGACT) for appointment of natural guardian. Please note that as per Section 6 of the (HMGACT)Step Mother cannot become natural guardian.
Immediately letter needs to be addressed to pension disbursing authority to stop paying the entire amount of family pension to wife and to issue proportionate amount in favour of minors.
Suit needs to be filed on behalf of the Minor children against the step mother for injunction restraining her from alienating the property and partition of the Minor's share in the property left by the father.
The most important is to file an application for appointment of Natural Guardian.
Arvind Singh Chauhan
(Querist) 29 March 2013
Thanks Sir So many request have been made on behalf of these children but pension disbursing authority paying no heed.
Sir what is the remedy with them, if no body comes forward to be their legal guardian.
