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prabir   23 May 2021

Legality of application

wife filed for maintenance for self and child. The application for maintenance for wife was rejected but child was granted maintenance from the date pf order until majority. The Wife collected maintenance on behalf of child for five years. However, in the last maintenance petition, wife was not the petitioner but child was made the petitioner for the application. The child being minor, is the application valid and legal? Can any step taken against wife for damaga?




 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 May 2021

The court cannot take a petition if filed by a minor.  So on behalf of the minor the child's guardian can make such petition.

Dr J C Vashista (Lawyer)     24 May 2021

Originally posted by : prabir
wife filed for maintenance for self and child. The application for maintenance for wife was rejected but child was granted maintenance from the date pf order until majority. The Wife collected maintenance on behalf of child for five years. However, in the last maintenance petition, wife was not the petitioner but child was made the petitioner for the application. The child being minor, is the application valid and legal? Can any step taken against wife for damaga?

The minor has to be represented by natural guardian i.e., mother in the instant case.

Why she has filed a fresh maintenance petition when she is stated to have been awarded and collecting maintenance for and on behalf of child for the last 5 years ?

No court shall consider any application, which is stated to have been moved by a minor.

What is the opinion and advise of the lawyer engaged and paid by the party concerned for filing / contesting the case(s) for the last more than 5 years, who is well aware about the facts and circumstances of the case(s) ? 

What is your concern / problem / dispute / locus standi to the facts posted by you ?

 

Sankaranarayanan (Advocate)     24 May 2021

Nothing more to be added  experts already explained very well

prabir   24 May 2021

The Lawyer of the child has been changed in this new execution application. The matter has not come up for hearing as yet. Because of 'lockdown' courts are not functioning until end of May. 

P. Venu (Advocate)     24 May 2021

"However, in the last maintenance petition, wife was not the petitioner but child was made the petitioner for the application." The facts posted suggest the application has been decided. If so, no further action lies unless any prejudice has been caused to the opposite party.

 

Sanjay Narayandas (Advocate)     24 May 2021

Hey,

The mother should have filed the maintenance petition on behalf of the child as the child is minor and the mother is the natural guardian. 

T. Kalaiselvan, Advocate (Advocate)     24 May 2021

You're referring to the execution petition and not the main petition.  for maintenance.

Thus she has not filed any fresh petition for maintenance. 

The execution petition  was filed by the minor petitioner?

The minor cannot sign the petition even though it is an execution petition, hence the execution petition may not be valid in the eye of law, you may bring this to the knowledge of the court.

However if you had been paying the monthly maintenance regularly there would not have been a reason to file this  collection petition afresh every time. 

 

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