Child custody

Question

► Year 2015 after my aunty death, uncle abandoned his abnormal boy and left. Now he is leaving with his second wife, but denied to take his boy as he is abnormal. The abnormal boy since 2015 is staying with my mother whose age is 72 now unable to take his responsibility. We want either government or his father now takes the boy custody. Need legal advice on this matter.

Answer 1

Dear Client,

Regardless of remarriage, a father has a legal duty to maintain his dependent child. According to Section 125 of the Code of Criminal Procedure, the father should take care of the child who is incapable of taking care of himself due to some physical or mental defect, even after the child attains the age of majority. Your mother or any other person can file a petition for maintenance on behalf of the boy against his uncle. In case the father refuses to hand over custody, the state will intervene in the matter. The People with disabilities (PwD) Act and the National Trust Act assist in the protection of abandoned people with disabilities. You can approach the District Magistrate or the Local Level Committee (LLC) constituted under the National Trust Act for assistance in appointing a guardian or arranging a placement for the boy in a state or NGO institution. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Child custody

1 Answer