Girl Child support maintenance after death of Mother and Father reamarried
2 years ago
My cousin married in 2010 to a Man working in Bangalore, they had a girl child in 2017 and soon after the birth of the child my Cousin was diagnosed with Cancer. The husband stopped caring my cousin and daughter in Bangalore as soon as she was diagnosed with Cancer hence my Cousin's father (my Mama) took her to Noida at our place along with Child and we tried to save cousin but she died in 2018 leaving her 8 months daughter in custody of maternal grandparents (my Mama, Mami and cousins father mother).
After that the father and his family asked for child custody but as their ill intentions and bad treatment was already known so Maternal Grandparents refused to give custody to girls father and were ready for legal battle in view of Child Welfare as she could have been more safe and cared accordingly by Maternal Grandparents. Also my cousin before dying made a last wish to give the Child to either her Parents or her brother and not to her Husband and his Family.
Now the Father remarried and has not been sending any kind of Child Support which is the right of Child so can we File a case to receive the Child support one time or monthly and also any property share in the name of girl child
A.Dear Sir,
The guardian of child can file maintenance case and can get monthly maintenance.
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers,
Yes, that girl child is entitled to maintenance from her father until she marries, so her maternal grandparents must file an application on her behalf in the Magistrate Court u/s 125 of the Criminal Procedure Code,1973, as amended up to date, for that girl child's legitimate right to maintenance from her father.
Thank you!
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago