Section 49 of The Divorce Act, 1869
Where 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.
Summary
- A person under the legal age of adulthood (a minor) cannot file a lawsuit on their own.
- A minor must file through an adult representative, known as a "next friend", who must be approved by the court.
- Before the minor's lawsuit can be officially accepted, the next friend must sign a written promise to pay any court costs if they lose.
- Once this document is filed, the next friend is held legally responsible for paying these costs just as if they were the person actually suing.
Practical examples
FAQ
1. Can a minor file for divorce by themselves?
No, a minor must sue through a court-approved representative called a next friend.
2. What does the next friend have to do before the case starts?
The next friend must provide a written promise to be answerable for the court costs of the person being sued.
3. What happens if the minor loses the case and owes money?
The next friend is legally liable to pay the costs, exactly as if they were the actual plaintiff in a normal lawsuit.
Test yourself
Q1.Under Section 49 of The Divorce Act, 1869, what is the prerequisite for a minor's petition to be officially filed in court?
Q2.Under Section 49 of The Divorce Act, 1869, who determines whether a specific person can act as a minor's next friend?
Q3.Under Section 49 of The Divorce Act, 1869, what is the extent of financial liability taken on by the minor's next friend once the written undertaking is filed?
Q4.If a minor attempts to file a suit under Section 49 of The Divorce Act, 1869, but their next friend refuses to sign a written undertaking for costs, what is the immediate legal consequence?