Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Grandchildren's Maintenance Rights - Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, children are obligated to maintain their parents and grandparents based on their needs, ensuring they can lead a normal life. This obligation extends to grandchildren in certain contexts, especially when they are responsible for or involved in the care of senior citizens. The Act emphasizes simple, speedy procedures for claiming maintenance, overriding other legal avenues like the Criminal Procedure Code, which are more time-consuming 2023 0 Supreme(Mad) 2255.
Grandchildren's Maintenance under Other Laws - The Hindu Adoptions and Maintenance Act, 1956, recognizes widows and minor grandchildren staying with widows as beneficiaries of maintenance claims, though specific provisions for grandchildren are limited. Courts have directed grandparents to pay maintenance to grandchildren, especially when the parents are unable or unwilling to do so, and have upheld orders for grandparent-led maintenance 2022 0 Supreme(P&H) 2188.
Custody and Visitation Rights of Grandparents - Courts have recognized the importance of grandparents in a child's upbringing. They have ordered visitation rights, including video calls and physical meetings at neutral venues, to preserve the child's emotional bonds with grandparents. When custody disputes arise, courts often prefer arrangements that maintain the child's stability and emotional security, sometimes placing children with maternal grandparents if it is in their best interest 2024 Supreme(Online)(Chh) 14482,
Syed Irshad Ahmed Zaid VS Shazia Anjum - Current Civil Cases
, 2023 Supreme(Online)(Chh) 12256.Maintenance Payments to Grandchildren - When children are in the custody of grandparents, maintenance payments made by parents can be directed to the grandparents as custodians, ensuring the child's needs are met without disrupting the child's environment 2024 0 Supreme(Chh) 230, 2025 0 Supreme(Ker) 2136.
Judicial Perspectives - Courts have highlighted that grandparents play a vital role in a child's welfare, often emphasizing that their involvement is necessary for proper upbringing. Interim measures, including visitation rights and engagement through video calls, are common to maintain familial bonds during disputes Seema Agrawal, 2013; Sujoy Ghosh, 2020;
Syed Irshad Ahmed Zaid VS Shazia Anjum - Current Civil Cases
.Analysis and Conclusion:The law recognizes the importance of grandparents in the welfare of grandchildren, granting them rights to maintenance, custody, and visitation, especially when parents are unable or unsuitable. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides a streamlined legal framework for claiming maintenance, which can extend to grandchildren in certain circumstances. Courts consistently favor arrangements that promote the child's emotional well-being and stability, often involving grandparents in caregiving and visitation, and directing maintenance payments through custodians like grandparents when appropriate. Overall, grandparents are seen as integral to a child's upbringing, with legal provisions supporting their role in ensuring the child's welfare.
In today's evolving family dynamics, questions about financial support for adult children, including major sons, often arise. What are the provisions for maintenance of major sons? While parents typically bear responsibility for minor children, the obligations for adult or major sons (those above 18) depend on specific circumstances, relationships, and applicable laws. This blog delves into the legal framework, focusing on the (DV Act), its limitations, and alternative provisions under other statutes.
Understanding these laws is crucial for families navigating disputes over support, especially when grandparents are involved. Note: This is general information and not specific legal advice; consult a qualified lawyer for personalized guidance.
The (DV Act) primarily protects women from violence in domestic relationships, including provisions for maintenance. However, it does not explicitly recognize or provide for maintenance obligations of grandparents towards their grandchildren, such as major sons. The Act defines as between two persons who live or have lived together in a , related by blood, marriage, adoption, or in a relationship in the nature of marriage 2013 8 Supreme 122 2025 5 Supreme 321 2021 0 Supreme(Del) 971.
Key limitations:- Reliefs like maintenance under Section 20 are directed towards women and her children facing domestic violence, not broadly to grandchildren 2013 8 Supreme 122 2025 5 Supreme 321 2021 0 Supreme(Del) 971.- Grandchildren-grandparents relationships do not inherently fit this definition, especially without a or marriage-like tie 2015 0 Supreme(P&H) 1712.
As stated in judicial findings: a complaint could not have been filed by the grand daughter against the grand father even to enforce the property rights and such acts of violence when one is living separate... cannot be covered under Domestic Violence Act2015 0 Supreme(P&H) 1712. This underscores that major sons (adult male grandchildren) cannot typically claim under the DV Act from grandparents.
Section 20 empowers magistrates to order for expenses and losses due to domestic violence, including maintenance. Yet, this is primarily aimed at women victims in recognized domestic relationships 2013 8 Supreme 122 2025 5 Supreme 321 2021 0 Supreme(Del) 971. For major sons, this avenue is unavailable unless they qualify as dependents in a spousal or parental context, which is rare for grandparent relationships.
While the DV Act falls short, other laws provide avenues for maintenance claims involving major sons or adult grandchildren:
This Act obligates children (including sons and daughters) to maintain parents and grandparents based on needs, extending to grandchildren in caregiving roles 2023 0 Supreme(Mad) 2255. It offers simple, speedy procedures, overriding slower options like CrPC. Notably: the aforesaid Act provides maintenance for parents from both sons and daughters, grand-daughters and grand-sons making it clear that no gender distinction is made2011 0 Supreme(Mad) 1128.
For major sons, if they are senior citizens or dependents, reciprocal obligations may apply, though primarily parent-to-child.
This recognizes maintenance for minor grandchildren with widows, and courts have directed grandparents to pay for grandchildren when parents fail 2022 0 Supreme(P&H) 2188. Provisions are limited for majors but can apply in dependency cases.
Maintenance for major sons is governed by general family law or personal laws (e.g., Hindu, Muslim). Courts assess inability to maintain oneself, often requiring proof of unemployment or incapacity.
Courts emphasize grandparents' vital role. The grand parents always love their grand children and they pamper them like anything. It is universally observed that grand parents protect their grand children more than the parents of the children2021 0 Supreme(Bom) 1141
Ratnamala VS Pandurang Udhav Zate - Current Civil Cases
.Syed Irshad Ahmed Zaid VS Shazia Anjum - Current Civil Cases
.Examples:- A father barred from meeting his daughter with maternal grandparents led to maintenance case disposal 2025 0 Supreme(Pat) 207.- Grandparents as ancillary part and parcel of the family for child welfare 2023 0 Supreme(Chh) 700.
Courts limit DV Act to shared households and relationships in the nature of marriage2006 8 Supreme 1002 2020 6 Supreme 613. No precedents extend it to grandparents-major grandchildren maintenance. Instead:- include grandparents and grandchildren in some contexts 2013 0 Supreme(Raj) 38.- Insurance claims recognize non-dependent parents of married daughters 2011 0 Supreme(Mad) 1128.
Recommendations:- Seek remedies under Maintenance and Welfare of Parents Act or Hindu Maintenance Act.- Courts examine relationships fact-specifically.- For major sons, prove dependency; grandparents may voluntarily support.
In conclusion, while direct provisions for major sons from grandparents under DV Act are absent, broader family laws offer protections. Families should explore these for fair outcomes. (Word count: 1028)
References:- DV Act scope: 2013 8 Supreme 122 2025 5 Supreme 321 2021 0 Supreme(Del) 971- Granddaughter case: 2015 0 Supreme(P&H) 1712- Other insights: 2021 0 Supreme(Bom) 1141 2011 0 Supreme(Mad) 1128 etc., as cited.
#MaintenanceLaw #FamilyLawIndia #MajorSonsRights
Section 4(3) of the Act stipulates about the obligation of the children to maintain his or her parents that extends to the needs of such parents either father or mother or both, so that they can lead a normal life. ... Though the parents can claim maintenance under the Code of Criminal procedure, 1973, the procedure is both time-consuming as well as expensive. Hence, there is a need to h....
to the grand children. ... The 1956 Act is a beneficial legislation enacted in order to take care of the destitute daughter-in-law who, on account of unfortunate circumstances, becomes a widow. The word 'widow' would include the minor grand children who are staying with their mother. ... The learned counsel representing the petitioner contends that Section 19 of the Hindu Adoptions and Maintenan....
Since the maintenance amount is paid by the father/appellant and the child is in the custody of the maternal grand parents, the amount of maintenance shall be handed over to the maternal grand parents which would be a due discharge of the payment. 15. ... The petition was filed by the husband claiming the custody of the children on the ground that he is the natural guar....
Since the maintenance amount is paid by the father/appellant and the child is in the custody of the maternal grand parents, the amount of maintenance shall be handed over to the maternal grand parents which would be a due discharge of the payment. 15. ... The petition was filed by the husband claiming the custody of the children on the ground that he is the natural guar....
Sections 2 (g) and 4(4) of the Act, rendering him liable to maintain the senior citizen. 5. Section 4 of the Act reads thus: - “4. Maintenance of parents and senior citizens. ... (emphasis supplied) The Section entitles a parent to seek for maintenance under Section 5 against his children, and if a person is a childless senior citizen, then, against a ‘relative’ defined under Section....
The girl child from first marriage of the appellant was staying with her maternal grand parents (respondents) at Muzaffarpur and when the appellant went to meet his minor daughter, he was not allowed to meet and talk with her. ... In the light of said order, the separate Maintenance Case No. 209 of 2019 for maintenance of minor Shanvi was disposed of. 9. ... In the totality of the circumstances, there is no compelling reas....
The grand parents being ancillary part and parcel of the family would hold this way for welfare of the child. Therefore, meeting of the grand parents with the children would also be a necessary part for upbringing, before their mind is polluted by unilateral act of any of the single parents. ... Seema Agrawal, 2013 (7) RCR (Civ) 2109 has observed while interpreting Sect....
The grand parents being ancillary part and parcel of the family would hold this way for welfare of the child. Therefore, meeting of the grand parents with the children would also be a necessary part for upbringing, before their mind is polluted by unilateral act of any of the single parents. ... Seema Agrawal, 2013 (7) RCR (Civ) 2109 has observed while interpreting Sect....
The grand parents being ancillary part and parcel of the family would hold this way for welfare of the child. Therefore, meeting of the grand parents with the children would also be a necessary part for upbringing, before their mind is polluted by unilateral act of any of the single parents. ... Seema Agrawal, 2013 (7) RCR (Civ) 2109 has observed while interpreting Sec....
. and 6 p.m. as agreed by the appellants-grand parents, beginning from 15.4.2017. ... (c) While visiting the children, either the respondent- father or the appellants-grand parents should not disturb the minds of the minor children. ... After the death of the wife, the appellants-respondents being the grand-parents took the custody of the minor wards ....
No doubt, it appears that the girl is affectionate to the grand parents and it is obvious. Whenever parents of the children either scold them or beat them, for any reason, the child immediately goes to the grand parents, where he or she would be consoled. The grand parents always love their grand children and they pamper them like anything. It is universally observed that grand parents protect their grand children more than the parents of the children. There....
They equally give moral education and good treatment, so that the child should develop as a good human being. The grand parents always love their grand children and they pamper them like anything. Therefore, the comfortable point is concerned, definitely, the girl would have said that she is more comfortable in that house. It is universally observed that grand parents protect their grand children more than the parents of the children. No doubt, it appears th....
Insofar as the issue of inapplicability of Article-1565 of the PCC in respect of self acquired property is concerned, nothing has been brought to my notice to limit the application of the Article, to the property other than, self acquired property. The Article reads thus: “Article 1565 – Sale to children or grand children – Parents or grand parents shall not be entitled to sell or mortgage to children or grand children if the other children or grand children do not consent to the sal....
Note: Near relative will include wife, husband, parents, Grand parents, Children and Grand Children, Brothers and Sisters, Uncle, Aunts and Cousins and their corresponding in laws. By the term 'near relative' is meant wife, husband, parents and grand-parents, children and grand children, brothers and sisters, uncles and cousins and their corresponding in-laws.” The Contractor shall not be permitted to tender for works in Circle, in which his near relative is....
Hence, the Insurance Company could not deny compensation on the ground that the appellants were not dependents of their deceased married daughter. He took me through Section 2(a), 2(b) and Section 4 of the said Act, in support of his submission. According to him, the aforesaid Act provides maintenance for parents from both sons and daughters, grand-daughters and grand-sons making it clear that no gender distinction is made in the duty cast upon them in maintaining the parents/grand-p....
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