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 support..it 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
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
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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 go...to the High Court, for Family Court or to Patiala House? Please guide. more
Mar 11
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
Mar 10
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
Mar 10
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
Mar 09
