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 friend U) (maternal uncle)

Son of………………. Village……………… Thana………………

Versus

Opposite Party F Son of………………….. Village…………….. Thana………………

In the matter of maintenance of minor M, son of opposite party F under Section 125, Cr PC

The humble petition of the minor M through his maternal uncle Most Respectfully Sheweth:

1. 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……..
2. 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.
3. 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.
4. Your petitioner, the minor son of the opposite party, is now……..years old and is already in school.
5. 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.
6. The opposite party has been avoiding his liability to pay for the maintenance and education of his child and has not so far paid any sum in spite of repeated requests.
7. The opposite party has a monthly income of Rs. 5000 from salary and house rent and is capable of maintaining his child.
8. 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 has been 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, who is now 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

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Petition by a Guardian of a Minor Child for Maintenance Against Father under Section 125 CrPC

This article focuses on a specific legal procedure: a petition filed by the guardian of a minor child against the child’s father seeking maintenance under Section 125 of the Code of Criminal Procedure (CrPC) in India.

Legal Point Elements of the Petition:

• Establishing Parent-Child Relationship: The petition begins by establishing the legal relationship between the child and the father.
• Circumstances of the Child: It details the circumstances of the child, including the age, living arrangements (with the guardian), and the need for maintenance.
• Father’s Income and Ability to Pay: The petition provides information about the father’s income and financial capacity to provide maintenance.
• Father’s Neglect of Duty: The petition alleges that the father has neglected his duty to support his child.
• Prayer for Relief: The petition concludes with a prayer to the court to order the father to pay a specified amount of monthly maintenance for the child’s upbringing and education.

Significance of Section 125 CrPC:

• Protection of Children: Section 125 CrPC plays a crucial role in protecting the rights of children by providing a legal framework for obtaining maintenance from parents who neglect their responsibilities.
• Enforcement Mechanism: The provisions of this section allow for the court to enforce the payment of maintenance through legal means.

Importance of Legal Representation:

It is crucial to consult with legal professionals, such as those at Legal Light Consulting, when filing a petition under Section 125 CrPC. Experienced attorneys can:

• Ensure Legal Compliance: Ensure that the petition complies with all legal requirements and procedures.
• Gather Evidence: Assist in gathering evidence to support the claims made in the petition.
• Represent the Child’s Interests: Advocate for the child’s best interests and ensure that the child receives adequate maintenance.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Contact Legal Light Consulting:

For personalized legal advice and assistance with matters related to child maintenance and Section 125 CrPC, please contact Legal Light Consulting.

Our experienced team can provide expert guidance and ensure that your legal needs are met effectively.

Remember: The specific requirements and procedures for filing a petition under Section 125 CrPC may vary depending on the specific jurisdiction and the individual circumstances of the case.

This article provides a general overview of a petition filed by a guardian of a minor child for maintenance against the father under Section 125 CrPC.

It is essential to consult with legal professionals for personalized guidance and assistance