Draft a Petition by a Guardian of Minor Child for Maintenance against Father
Petition by a Guardian of Minor Child for Maintenance against Father under section 125, Cr PC
In the Court of……………………Magistrate
Case No…………………………..of 2010
Petitioner
(minor M through his next Opposite Party F friend U)
maternal uncle
Son of………………. Versus Son of…………………..
Village……………… Village……………..
Thana……………… Thana………………
In the matter of maintenance of minor M, son of opposite party F under s. 125, Cr PC
The humble petition of the minor M through his maternal uncle Most Respectfully She weth:
- That the opposite party F lawfully married the petitioner’s mother according to the Hindu rites in the year Your petitioner is the son of the opposite party born of that marriage on……..
- Your petitioner’s mother died on………Since his mother’s death the petitioner has been living under the care and protection of his maternal uncle.
- The opposite party, although a man of means, took no notice of the petitioner since his mother’s death except by casual enquiries. Your petitioner’s maternal uncle went out of job last year and it is somewhat difficult for him now to maintain his family. Your petitioner, the minor son of the opposite party, is now……..years old and is already in school.
- Your petitioner’s maternal uncle requested the opposite party several times to come forward with some help every month for the education and upbringing of his son, the petitioner.
- The opposite party has been avoiding his liability to pay for maintenance and education of his child and has not so far paid any sum in spite of repeated requests.
- The opposite party has a monthly income of Rs. 5000 from salary and house rent and is capable of maintaining his child.
- Your petitioner prays that the court may be pleased to issue notice on the opposite party and after taking necessary evidence be pleased to order the opposite party to pay a monthly allowance of Rs. 500 for the maintenance and education of the petitioner, his child.
And your petitioner, as in duty bound, shall ever pray.
Verification
I, U, son of MN, residing at………………….. do hereby solemnly affirm and say as follows:
I am the uncle of the petitioner, M. The petitioner is living with me for the last several years since the death of his mother.
I know my sister’s husband F since his marriage to my sister, since deceased. I am able to depose to the facts of the case. I am affirming this affidavit for self as also as representative and on behalf of M.
The statements in paragraphs 1 to 6 of the foregoing petition are true to my knowledge.
Solemnly affirmed by the said U___________on this…….of……….2010
at the Court House in Mumbai
Signature
Before me Commissioner/Magistrate
Notary
Petition for Maintenance of Minor Child Under Section 125 of the Criminal Procedure Code
In cases where a minor child is in need of financial support, particularly after the death or separation of a parent, the law provides a remedy under Section 125 of the Criminal Procedure Code (Cr.P.C.).
This section allows a guardian or representative of a minor child to file a petition seeking maintenance from the father (or the responsible parent) to ensure that the child’s basic needs, such as food, education, and healthcare, are met.
Below, we will explore a sample petition for maintenance of a minor child filed by the maternal uncle on behalf of the child.
Legal Aspects of the Petition for Maintenance
1. Introduction to the Petition
The petition begins with an introduction in which the petitioner, in this case, the maternal uncle, files a petition on behalf of his minor nephew.
The petition is directed at the opposite party (the biological father of the minor child).
The court mentioned in the petition is typically the magistrate’s court, as per the provisions of Section 125, Cr.P.C., which governs the maintenance applications.
2. The Relationship Between the Petitioner and the Minor Child
The first few paragraphs establish the relationship between the parties. The petition states that the minor child was born from the marriage between the child’s mother and the father.
Unfortunately, the child’s mother passed away, leaving the child to be raised by the maternal uncle. This sets the foundation for the uncle’s responsibility to act as the child’s guardian.
3. Financial Strain and Lack of Support from the Father
The next section addresses the financial difficulties faced by the petitioner. After the death of the mother, the minor child was left without financial support from his father, who has failed to contribute to the child’s well-being.
Despite being a man of means, the father has ignored the child’s needs, only offering casual inquiries about his welfare.
The maternal uncle, who had been supporting the child, has faced financial difficulties himself due to losing his job.
This has made it increasingly difficult for him to continue providing adequately for the child’s maintenance, education, and general upbringing.
4. Efforts to Seek Maintenance
The petition mentions that the maternal uncle made several attempts to reach out to the father, requesting him to contribute financially toward the child’s upbringing.
Despite these repeated requests, the father has refused to acknowledge his duty and has not provided any financial support for the child’s education or maintenance.
5. Father’s Financial Capacity
It is also pointed out that the father is financially capable of providing maintenance for his child. The petition highlights the father’s monthly income from his salary and rental property, which amounts to Rs. 5000.
This information emphasizes that the father has the means to fulfill his parental obligation but has neglected to do so.
6. Prayer for Relief
In the final section of the petition, the guardian (the maternal uncle) requests the court to issue a notice to the father and to order him to pay a fixed monthly allowance for the maintenance and education of the child.
The petition specifically requests an amount of Rs. 500 per month. This sum is intended to cover the child’s basic living expenses, educational needs, and other essentials.
Legal Framework Under Section 125, Cr.P.C.
Section 125 of the Cr.P.C. is designed to provide maintenance to the wife, children, and parents who are unable to maintain themselves.
In the case of a minor child, the law mandates that both parents are responsible for the child’s maintenance, even if they are living separately or if one parent is deceased.
The guardian or representative of the minor child can file a petition on behalf of the child, as is done in this case by the maternal uncle.
This section ensures that a minor child is not left without support, even when one parent is unwilling or unable to provide it.
The court has the power to order the father or any other responsible individual to provide regular maintenance until the child reaches the age of majority or becomes financially independent.
Importance of Filing a Petition for Maintenance
Filing a petition for maintenance under Section 125, Cr.P.C. is crucial for securing financial support for a minor child, especially when the parent responsible for the child’s welfare is neglecting their duties.
The court’s intervention ensures that the child’s basic needs are met, including access to education, healthcare, and proper living conditions.
This legal provision protects the rights of the child and upholds the responsibility of parents to care for their children, regardless of any personal circumstances.
Conclusion
A Petition for Maintenance under Section 125, Cr.P.C. serves as a vital tool for guardians of minor children who are not receiving the financial support they are entitled to from one of the parents.
In this case, the maternal uncle has stepped forward to file a petition for maintenance on behalf of his nephew, ensuring that the child’s needs are met despite the father’s neglect.
If you are in a similar situation or require assistance with filing a maintenance petition, it is essential to consult with legal professionals who can guide you through the process and help protect the rights of the minor child.
Legal Light Consulting is available to assist you with your legal needs and provide expert advice on matters related to maintenance, child custody, and family law.
Contact Legal Light Consulting today for your legal needs
