Grandmother can seek child's maintenance without guardianship, MP High Court rules
Representative image: FeeLoona / Pixabay
The MP High Court ruled on October 13, 2026 that a grandmother raising a child can claim maintenance for the child without first becoming legal guardian.
What Happened
The Madhya Pradesh High Court has ruled that a grandmother who is raising a child can file a maintenance claim on the child's behalf without first being appointed the child's legal guardian. Justice Dwarka Dhish Bansal of the Jabalpur bench gave the ruling on October 13, 2026, in a revision filed by a minor girl against her father. The girl has lived with her maternal grandmother since her mother died. The court set aside a Family Court order that had thrown out her claim for interim maintenance only because it was filed through her grandmother, and sent the case back for a fresh decision.
Key Facts
- Court: Madhya Pradesh High Court, Jabalpur bench; Justice Dwarka Dhish Bansal.
- Date of the ruling: October 13, 2026.
- The claim was made under Section 125 of the Code of Criminal Procedure (CrPC), which lets a dependant, including a minor child, seek maintenance from a person who is obliged to support them.
- The girl has been living with her maternal grandmother since her mother's death.
- A Family Court in Jabalpur had dismissed her application for interim maintenance on September 5, 2022, because it was filed through the grandmother, who had not been appointed guardian.
- The High Court said the Family Court overlooked that "it is the minor whose rights are required to be enforced and not the next friend".
- The case goes back to the Family Court, and the parties are to appear there on November 16, 2026.
- The judge referred to earlier rulings of the Madras, Kerala and Punjab and Haryana High Courts that allowed a person with a real interest in a child to seek maintenance for that child.
Why It Matters
In many Indian homes, when a mother dies or a marriage breaks down, it is a grandmother who quietly takes over the work of raising the child: school, meals, illness, homework. The law, however, has often treated her as an outsider. In this case, the girl's claim for support from her father was stopped at the first step, not because the claim was weak, but because the woman bringing it on her behalf had no formal guardianship order.
The High Court's reasoning moves the focus back to the child. A "next friend" is the legal term for an adult who files a case on behalf of a minor, because a child cannot go to court alone. The court's point is that the right being enforced belongs to the child. Whether the adult who helps bring the case is a parent, a grandparent or another relative, the question the court must decide is whether the child needs support and who is legally bound to give it.
This matters for families because getting a guardianship order is a separate legal process. It takes time, money and court visits, which many caregiving grandparents, often elderly women with limited means, cannot easily manage. A rule that demands that step before a maintenance claim can even be heard can leave a child without support for years. In this case, the Family Court's order dates from September 2022; the girl has waited four years for her claim to be heard on its merits.
The ruling does not decide whether the father must pay, or how much. That question now goes back to the Family Court. It also does not create a new law: the judge followed reasoning already used by other High Courts. What it does is make clear, within Madhya Pradesh, that a caregiving grandparent can knock on the court's door for a child.
| Point | What the court said |
|---|---|
| Who holds the right | The minor child, not the adult filing on her behalf |
| Was guardianship needed first | No; the grandmother could act as next friend |
| Outcome | Family Court order set aside; case sent back |
| Next date | Parties to appear on November 16, 2026 |
Impact
Short-term: The girl's claim for interim maintenance will be heard afresh by the Family Court in Jabalpur, starting with the hearing on November 16, 2026.
Long-term: Family Courts in Madhya Pradesh are likely to follow this ruling, making it easier for grandparents and other caregivers to seek support for children in their care.
Who is affected: Children being raised by grandparents or relatives after a parent's death or a separation; the grandmothers and other caregivers who look after them; parents who are legally bound to provide maintenance; and Family Courts handling such claims.
Key Takeaway
The Madhya Pradesh High Court ruled on October 13, 2026 that a grandmother raising a child can seek the child's maintenance without first being appointed guardian, because the right belongs to the child.
Questions and Answers
Can a grandmother file for a grandchild's maintenance in India?
According to the Madhya Pradesh High Court's ruling of October 13, 2026, yes. A grandmother caring for a child can file a maintenance claim on the child's behalf as next friend without first being appointed legal guardian.
What is a "next friend" in a court case?
A next friend is an adult who files or pursues a case for a minor, because a child cannot bring a case alone. The right being claimed still belongs to the child.
Did the High Court order the father to pay maintenance?
No. It set aside the Family Court's dismissal and sent the case back. The Family Court will now decide the claim, with the parties due to appear on November 16, 2026.
Under which law was the maintenance claim filed?
The claim was filed under Section 125 of the Code of Criminal Procedure, which allows a dependant, including a minor child, to seek maintenance from a person obliged to support them.
Disclaimer: Prepared by the Peepals newsroom from publicly available sources with AI assistance. Information is accurate to the best of our knowledge at the time of publication and may change. Images may be representative. Not professional advice. Report an error via our contact page.
Sourced and fact-checked by the Peepals Global Editorial Team
Reported, fact-checked and published by the Peepals Global Editorial Team.
