Petition seeking Order for Maintenance of a Minor

Petition seeking Order for Maintenance of a Minor

Before the Learned Metropolitan Magistrate, Calcutta

Case No. ……………… of 1999

Application under section 125 of the Code of Criminal Procedure 1973

And

In the matter of:

Shri X, a minor under the age of 18 years, son of Shri Y, residing at ……………… ………… Police Station ………………, District …………… through his next friend Shri Z, son of Shri M, residing at ……  …………………………………… being the maternal uncle of X, Police Station ……… ………, District …………….

.…………………  ………………………..Applicant

versus

Shri Y, son of Shri B residing at ……… …………, Police Station ………………, District ………………….

…………………………………….. Opposite Party

To

The Hon’ble Magistrate of the Aforesaid Court

The humble application of the applicant

above-named most respectfully

Sheweth:

1. The opposite party is the father of Shri X a minor on whose behalf the present application is being made.

2. That Smt. AB the mother of the applicant X was married to the opposite party in 1992 and out of the said marriage the applicant Sri. X was born on ……………… day of 1994.

3. At present the applicant is 5 years old, a minor and therefore, the present application is being filed through the next friend of the minor applicant, he being his maternal uncle.

4. That on ………………………… the opposite party threw out Smt. AB and the applicant of his house and thereafter refused to maintain and support the applicant and his mother.

5. That ever since ………………………… the applicant was living along with his mother at the house of his aforesaid maternal uncle who was taking care of both the applicant and his mother.

6. On …………………………………, Smt. AB the mother of the applicant suddenly died on account of heart attack.

7. Since the last several months the financial position of the maternal uncle of the said minor Sri X has considerably deteriorated and he is unable to maintain the applicant minor.

8. Several requests were made by the maternal uncle of the applicant to Shri Y the opposite party for some allowances for maintenance of his minor son but he has refused to do so.

9. The opposite party has an income of more than Rs. 8000 per month and is a man of good standing. Further he owns a two-storeyed house which is fully tenanted from which he receives monthly rent of Rs. 5000.

10. The opposite party is legally and morally bound to support and maintain his minor son the applicant herein who has no means of supporting himself.

11. In the premises the applicant states that suitable Order for maintenance be made against the opposite party and in favour of the minor applicant.

12. This application is made bona fide and in the interest of justice.

The applicant therefore humbly prays Your Honour that the Opposite Party be directed to pay a sum of Rs. 2500 per month to the applicant as his maintenance allowance. And the applicant as in duty bound shall ever pray.

Place …………………… Court

Calcutta

Date ……………………

Signature of applicant

by the pen of maternal uncle

Identified by

Applicant’s Advocate

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