However, when the boy turned 12, it was clear that his psyche had been affected and he became a schizophreniac. At first there was an attempt to reach out to the Father, to assist the Mother in managing this difficut situation.But it did not work out and finally she was left to her own devices.Having exhausted all her wealth and savings in treatment for this son, who is now a man of 54, while she herself is eighty....I was wondering whether there was any provision under the Law, whereby the Court could appoint a legal Guardian to see that this boy, now a midle-aged man, would get some rights to support from the Father if his Mother were to pass away? Or, if the father, who is even more elderly, but a man of means, and has no other issue, (although he is married to a lady from New Zealand,) should pass away, could this Guardian secure this boy some financial and property rights? Otherwise he is doomed to a terrible life of extreme penury.It does not seem right to have the Father go totally scot free,as it has been his Mother alone, who has diligently cared for him for fifty-four years, who has suffered extreme stress on account of his malady, with no succour nor relief on the part of the Father, and who is now in a critical state on account of her age, failing health and lack of funds, ...although it is true, she foolishly reliquinshed all her rights to support for herself and the son at the time of Divorce. Never-the-less, as the child had no part to play in the break up of his home and that his malady was no fault of his, surely there is some law that now, at least, the Father should be made responsible for his present and future welfare? I would be grateful to have a legal opinion and advice on this sad matter. more
Now I will have to look into the financial aspects of what it would cost to engage a lawyer and where one should go...to the High Court, for Family Court or to Patiala House?
Please guide. more
Please advise. more
Thanks for showing concern for the lady and her son. From the averments made by you I assume that the said son is not of sound mind. First thing her mother had no right to forego/waive off/reliquinsh the rights of the son despite a settelment signed by her at the time of his minority. His rights are intact even today. Therefore her mother can file on his behalf cases u/s 125 Cr. P. C. or Hindu Guardianship & Maintenance Act for financial support. The court has powers to grant even cost of litigation including advocate's fee. His mother can also file on his behalf for his share of the ancestral property by filing suit for partition.
Even a civil writ petition in the concerned High Court can also be file for financial support under Article 226 of the Constitution of India..
There is no need to appoint any guardian as his mother is alive. After her death a relative or a neighbour can approach the concerned District Judge for appointment of a guardian.
S. B. TRipathi. Advocate more