When a minor child is in need of financial support, the guardian can file a petition for maintenance against the child’s father under Section 125 of the Code of Criminal Procedure (CrPC). This section provides for the maintenance of wives, children, and parents who are unable to maintain themselves.
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 Showeth:
- 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
