Maternal grandmother can seek maintenance for minor in her care without formal guardianship, MP High Court rules

The minor petitioner, born on 26 September 2015, sought maintenance under Section 125 CrPC through her maternal grandmother, with whom she had lived since her mother’s death in May 2018.

The Family Court dismissed her application for interim maintenance pendente lite, reasoning that the grandmother was not her legally appointed guardian.

The petitioner challenged that order in revision. The High Court noted that the respondent’s paternity was undisputed and that he had not denied the petitioner’s residence and care with her grandmother.

1. Whether a maternal grandmother who has the minor in her care and custody may seek maintenance under Section 125 CrPC on the minor’s behalf without first being appointed her legal guardian.

2. Whether the Family Court erred in dismissing the interim-maintenance application solely because the grandmother was not a formally appointed guardian.

Section 125 CrPC is a welfare-oriented provision intended to prevent neglect and secure maintenance for dependants; it should be interpreted to advance social justice.

A person with sufficient interest in a minor, including a person actually caring for and having custody of the child, may seek maintenance on the child’s behalf; formal appointment as guardian under Order XXXII CPC is not necessarily a prerequisite to bringing such a claim.

In Nagaiah v. Chowdamma (Dead) by LRs., AIR 2018 SC 459, the Supreme Court observed that a next friend or guardian ad litem may represent a minor in civil litigation where the natural or appointed guardian has an adverse interest.

The High Court also relied on coordinate High Court decisions recognising that a person with sufficient interest may maintain a Section 125 CrPC application for a minor.

The petitioner’s paternity was undisputed, and the respondent had not denied that she had been living with her maternal grandmother since her mother’s death.

The claim was the child’s, not the grandmother’s; the grandmother was the means by which the minor sought to enforce her entitlement.

Requiring formal guardianship before the maintenance claim could proceed would elevate procedural formality over the welfare purpose of Section 125 CrPC and could prejudice the child.

The Family Court therefore erred in dismissing the interim application on the ground that the grandmother was not a legally appointed guardian.

The parties were directed to appear before the Family Court on 16 November 2026; the Court did not itself grant interim maintenance.