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 2005
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
Sheweth:
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……….2000
at
the Court House in Calcutta
Signature
Before me Commissioner/Magistrate
Notary
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