Maintenance
Swathigeetha
(Querist) 10 September 2016
This query is : Resolved
Respected experts,
my query is I'm petitioner and Should my son who is 5 years old also be made as 2nd petitioner for interim maintenance u/s 20 or just mentioning him in petition is enough?
Ms.Usha Kapoor
(Expert) 10 September 2016
Your son if he has completed 5 years of age father is the natural guardian. Your husband may file for guardianship and child custody under Hindu Minority and Guardianship Act. If you mention him as 2nd petitioner in interim maintenance under /section 24 of HMA(not 20 as you said)you acting as THE NEXT FRIEND court keeping the child's welfare as the paramount consideration motto would decide whether to continue its custody with you or with his father.
Dr J C Vashista
(Expert) 10 September 2016
Which Act (for section 20) you are talking? Should we guess for your academic query?
Swathigeetha
(Querist) 10 September 2016
Dr J C Vashista sir monetary relief u/s 20 for food,medical,clothing and others expenses for both petitioner and her son is mentioned in my petition. This case is going on from a year and half now. Recently changed my advocate who told son should be made as petitioner no.2. Is it necessary?
Usha kapoor ma'am Child custody case is also going on other hand from last 3 months,as the child is staying with me in different place,judge may dispose the case as per my knowledge from last hearing date.
Devajyoti Barman
(Expert) 10 September 2016
In any kind of petition claiming maintenance of the child, making the child as party to the case is absolutely not required.
So file the case in your individual name.
Raj Kumar Makkad
(Expert) 10 September 2016
It seems that the author has filed DV Act petition and monetary relief is to be provided to her under section 20. This section do not require to implead your child as co-petitioner.
Section 20 in The Protection of Women from Domestic Violence Act, 2005
20. Monetary reliefs.—
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to—
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in-charge of the police station within the local limits of whose jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub‑section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub‑section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.
Swathigeetha
(Querist) 11 September 2016
Raj Kumar Makkad Thank you sir for detailed explanation. Yes sir I filed DV case.
Devajyoti Barman thank you sir.
Rajendra K Goyal
(Expert) 21 September 2016
Well advised, agree with the expert raj kumar makkad.
