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Suit filed by maternal grand father on behalf of minor children
31-Aug-2023 (In Civil Law)
A Civil Suit is filed by maternal grandfather on behalf of minor children even when natural parents are alive - whether legal or not. Parents of the minors are living separately, although no divorce petition has yet been filed. Is the institution of the suit valid which has been filed under Order 32 of Civil Procedure Code as next friend of minor children valid?
A civil suit filed by the Maternal Grandfather on behalf of minor child is legal. The Court in a Case Law held that:
"The only qualification prescribed by law for the next friend is that he should be a person of sound mind and should have attained majority and does not have any interest adverse to that of the minor plaintiff and is not a defendant in the suit. (Vide Order XXXII Rule 4 C.P.C. ) The next friend or prochein ami is a person who will undertake the infants' cause. He need not be the natural or legal guardian of the minor plaintiff."
So, anyone who fulfills the above conditions can be appointed as a Next Friend under Order XXXII.
"The only qualification prescribed by law for the next friend is that he should be a person of sound mind and should have attained majority and does not have any interest adverse to that of the minor plaintiff and is not a defendant in the suit. (Vide Order XXXII Rule 4 C.P.C. ) The next friend or prochein ami is a person who will undertake the infants' cause. He need not be the natural or legal guardian of the minor plaintiff."
So, anyone who fulfills the above conditions can be appointed as a Next Friend under Order XXXII.
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Query incomplete. Why did Nana ji file? On what grounds? What is the relief sought? Did Court allow the suit to be admitted? What is the current stage of suit? Is it a property suit? Difficult to conclusively answer your query. But, Nana ji filing suit is little absurd when both parents are alive and sane. In this I presume both parents are indeed sane.
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Adv. Rishi Raj Sharma
Delhi | 100+ Answers
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