Petition by a Guardian of Minor Child for Maintenance against Father under section 125, Cr PC

Petition by a Guardian of Minor Child for Maintenance  against Father under section 125, Cr PC

In the Court of ……………… Magistrate

Case No. …… of 2000

Petitioner (minor M through his                                                    Opposite Party F

next 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 U

Most Respectfully Sheweth:

1.       That the opposite party was ordered by Your Honour by Order No. ……… dated…. passed in Case No. 365 to pay a monthly allowance of Rs. 850 to his wife, the petitioner.

2.       That since the order the opposite party has not paid any money to the petitioner in        terms of the aforesaid order or otherwise. A copy of the order which was furnished to the petitioner by the Learned Court is attached hereto.

Your petitioner prays that after issuing notice to the opposite party Your Honour may be pleased to enquire into the statements made in the petition and on being satisfied they they are true may be pleased to attach the properties of the opposite party mentioned in the Schedule hereunder for enforcing payment or in the alternative the Learned Court may be pleased to issue a warrant for the arrest of the opposite party and put him into prison for such a period as the Learned Court may deem proper.

And your petitioner, as in duty bound, shall ever pray.

The Schedule

All that pieces and parcels of land measuring 5 cottahs with two-storeyed

building thereon being premises No. ……….. of …………………….

Verification

I, W, daughter of MN and wife of H residing at …… do hereby solemnly affirm and say as follows:

1.       I am the petitioner above-named. I know the facts and circumstances of this case and I am able to depose thereto.

2.       The statements in the foregoing petition are true to my knowledge and I have not suppressed any material fact.

Solemnly affirmed by the said W

on ………………… at the Court House

at Calcutta

Before me

Notary/Proper Officer