Petition
by a Guardian of Minor Child for Maintenance against Father under section 125,
Cr PC [CD1]
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:
1.
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……..
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. Your
petitioner, the minor son of the opposite party, is now……..years old and is
already in school.
4.
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.
5.
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.
6.
The opposite party has a
monthly income of Rs. 5000 from salary and house rent and is capable of
maintaining his child.
7.
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
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