Suits by minors
AI Assist
Summary
When the petitioner is a minor, they must bring the suit through a next friend who has to be approved by the court. The next friend must give a written undertaking to be answerable for costs before the petition is filed. After that undertaking is filed, the next friend is liable for costs in the same way as a plaintiff in an ordinary suit.
Example
Priya is 17 and wants to file a divorce petition. The court approves her aunt as next friend, but the aunt must give a written undertaking to pay any costs before the petition is filed. Once that undertaking is filed, the aunt is liable for costs just as if she were the plaintiff.
Bare Act
Enacted textWhere the Petitioner is a minor, he or she shall sue by his or her next friend to be approved by the Court; and no Petition presented by a minor under this Act shall be filed until the next friend has undertaken in writing to be answerable for costs. Such undertaking 1* ** shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit.
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