Divore & Maintenance

Your anuty can ask for her maintenance and also for her son's maintenance. She can aslo claim property for her son, if your uncle has any.

in addition...

your aunty can file a petition for the custody of handicapped son under  the Guardians and Wards Act, before the District Judge of your jurisdiction.

With due respect I differ with my friends above.

As the son is staying with the father, who is a retired person and is living on pension and mother is a working govt. servance, father is entitled to seek the maintenance for the son.  (while saying this, I interpret the word "respondent" in section 24 relates to the maintenance application and not to the main petition filed by the father). 

Kindly correct me if I am wrong.

With due respect I differ with my friends above.

prabhakar sir, plz note...

your aunty can file a petition for the custody of handicapped son under  the Guardians and Wards Act, before the District Judge of your jurisdiction.

plz correct me if I am wrong.

My dear Rajesh, both you and Ms. Suchitra are correct and your views are keeping in view of the interest of the Aunt, where as my suggestion is in the interest of uncle, as the enquirer has not taken any one's side (either uncle or aunt), while asking the question and his question is to find out the legality or illegality of uncle's action of seeking maintenance for his son, who is in custody, while divorce petition is pending.

In addition to this above reply, I add that aunt has also got remedy to seek the custody of her son under Section 26 of HMA.

Have a nice day.

Mr. prabhakar is absolutely right and his opinion is proper. your uncle can claim maintenance for himself and for his son from your aunt.

ad. creaminall sir . i also agree that prabhakar sir is absolutely right but plz take a look at the question again...

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Hi Friends,This is regarding my aunty.

Since the maintenance case was filed only for the son, the maintenance will be granted immediately since he is handicap and wife is working. This will be till the pendency of the case and in futher maintenance will be decided by the court.  Even if the wife files for custody of the child, the maintenance has to be given by the wife till the disposal of the custodial case.