PRIYA SHANKAR 02 June 2020

Care denied for son of a deceased mother by his father

I have a cousin who is 17 years old. His mother died when he was not even 1 year old. Since then, he was under the custody of his maternal uncles and maternal grand parents.

His father remarried after 3 years and he had promised to his previous in-laws that he will take care of all his expenses after he is done with his schooling till class 10th.

Now, my cousin is in standard 11th.He is still staying with his maternal uncles and his father has directly denied paying anything for his expenses under the influence of his second wife.

What legal options do we have? Can a legal notice be sent to him because I feel very bad for the child.

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3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 02 June 2020

1. A Minor child (upto 18 years) of age is legally entitled to maintenance from his parents, PROVIDED child is staying with him or is in custody of parents, subject to various parameters.

2. Since child of 17 years of age is NOT staying with Parents or has abandoned Parents or whatever, child will not be able to claim maintenance from his parents.

Keep Smiling .... Hemant Agarwal
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PRIYA SHANKAR 02 June 2020

But child has not abandoned parents. Parents have abondoned child. They were asked to keep child with them but they never did it. They kept the child once but step mother treated him very badly. What are the options available now?

Sampada Sharma 02 June 2020

You can file a suit for maintenance for the boy in the court :

- Under Section 125 of Code of Criminal Procedure, 1973

- Section 26 oh Hindu Marriage Act, 1955

- Section 20 of Hindu Adoption and Maintenance Act,1956

As he is entitle to claim maintenance from his father till he is unable to maintain himself.

Case : Amarendra Kumar Paul v. Maya Paul, (2009) 8 SCC 359

Held : A person despite having sufficient means neglects or refuses to maintain his legitimate or iilegitimate minor children who are unable to maintain themselves. He is liable to pay maintenance to his child.