Legal Opinion

I would like legal opinion on a serious matter: A lady I know, now very elderly, had an acrimonious divorce from her husband in her youth.She has one son and at that time of impetiousness, wanted NOTHING from the man she was divorcing and only wanted her son. Thus for years there was no had not been asked for, nor offered.
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  

Please file Civil Wrtit Petition in Delhi High Court, if matter relates to Delhi. more  
Thank you Mr.Tripathi.
Now I will have to look into the financial aspects of what it would cost to engage a lawyer and where one should the High Court, for Family Court or to Patiala House?
Please guide. more  
Mme, My advice is the same which I have given yesterday. In any case proceedings has to be initiated by that lady only on behalf of her son and every ponit will have to be placed before the court. I am of the considred opinion the lady should file a civil writ petition in the concerned High Court. Reason is three fold. First it will take very less time. Second the lady won't have to appear on every date and presence of the advocate is enough. Above all, the High Court will definitely be sympathetic towatds the son. more  
Thank you very much Mr.Tripathi.The information you have given is very useful.It is true the Mother is alive, but the struggle of Life has worn her down.She is now eighty years old and frail.It has been very hard going looking after a schisophrenic personality.This is the time for her to be served, not for her to keep serving as she is doing now and has been doing for fifty-five years....It is a pitiable situation. Yes, you are right, she had no business to deprive the son of his rights, but youth is foolhardy, impatient and impetious. She has paid heavily for her lack of foresight. Anyhow, it is very unfair to dump the responsibility on her relatives, when they themselves, are no longer young.Would it not be possible for the Court to demand that the Father settle a decent allowance on him , on account of his disability and inability to earn a livlihood, for the rest of his life, so that he can live wih some dignity...and be responsible, after the Mother has gone, to give his son, shelter and care?
Please advise. more  
Dear Mme
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  
Post a Comment

Related Posts

    • Motor Insurance Renewal w/o my knowledge by new owner under my name

      I sold my car in Jan 2017 to a dealership in Noida Sector-8 for an exchange value when buying a new vehicle. After 2.9 years of this transaction, I received a motor insurance certificate at my addr...

      By Akhil P Walia
    • Need help/Suggestion

      I am buying a running restaurant from individual. Paying him a heavy refundable deposit and also a small amount every month as royalty for the business. Shop owner is different with whom I will do ...

      By Ashutosh Jajodia
    • Consumer protection

      Rs. 875/- paid to for Airtel postpaid bill on 08th sept.2019 has not been credited by Biller resulting in default requiring another payment if Rs.875/- ?? Amazon need to compensate ...

      By Surrender Singal
    • Advocate help required in NCDRC against builder jaypee.

      Advocate required for fighting case in NCDRC against jaypee builder on behalf of association for a very clear case of deficiency in service and extortion in the name of maintenance charges. We have...

      By Pravesh Saini
    • Re registration of 15+ years old vehicles

      What is the legal position on re registration of more than 15 years old vehicles. Is it compulsory to re register the vehicle after 15 years in case there is no plan to use it? If the veh...

      By Mustafa P V
    • Legal Advice on Property BuyBack Agreement & Mou

      Hi, Would anyone here will be able to help with the draft or guidance on property buyback agreement & mou offered by a real estate developer to an investor. Thanks

      By Anonymous Circle member
    • Advice needed

      There is one apartment having 5 flat owners . Out of 5 , three flat owners have occupied their flats . Recently , One flat owner on first floor might have given his flat on Rent to three boys as th...

      By Mahen Patle
    • Section IIC in supreme court of India

      Respected members, i have made a complaint to Supreme Court of India and this complaint is forwarded to section IIC. Can anybody explain the meaning of forward complaint to section IIC. W...

      By Iqbal Singh
    • How can I get judgement date from CDRF Shalimar Bagh.

      Plzz suggest me that what is to be done to get judgement from CDRF, Shalimar Bagh, Delhi as after submitting written arguments in January 2017, I am getting only date and dates for oral arguments....

    • Delhi school admission for 11th grade for a student passed 10th in open schooling

      Dear friends, Wanted to check whether a person who passed 10th grade through open schooling system can take the regular schooling admission for 11th in delhi government school. 2. If a person...

      By Anuradha Bhatta

      What precautions are advised for me at the time of selling my old vehicle?. It appears that name change with RTO takes a longer time and in the meanwhile should there be a misuse of the vehicle. Wh...

Share To
Enter your email & mobile number and we will send you the instructions

Note - The email can sometime gets delivered to the spam folder, so the instruction will be send to your mobile as well

Please select a Circle that you want people to invite to.
Invite to
(Maximum 500 email ids allowed.)