MAINTENANCE APPLICATION NO. OF 20..

……………………. …Petitioner

Sh. …………………. …Respondent

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S. No. PARTICULARS PAGE C. FEE

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1.   MEMO OF PARTIES
   

2.           PETITION FOR MAINTENANCE
   

UNDER SECTION 125 Cr.P.C

      ALONGWITH AFFIDAVIT

1.           APPLICATION FOR INTERIM
   

RELIEF ALONGWITH AFFIDAVIT

1.           LIST OF DOCUMENTS.
   

2.           VAKALATNAMA.
   

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      Petitioner

Delhi

Dated Through

(NAME)

ADVOCATE

      ENROLMENT NO. AND ADDRESS

  

MAINTENANCE APPLICATION NO. OF 2007

………………….. …Petitioner

Sh…………….. …Respondent

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………………….

W/O SH………………….

D/O SH……………………

R/O ………………………… ……PETITIONER

SH. …………………,

S/O …………………,

R/O………………………, ……RESPONDENT

      Petitioner

Delhi

Dated Through

(NAME)

ADVOCATE

      ENROLMENT No. AND ADDRESS

  

MAINTENANCE APPLICATION NO. OF 2007

IN THE MATTER OF :-

……………..

W/O SH. …………………

D/O SH. ………………..

R/O………… ……PETITIONER

SH. ………………,

S/O …………………,

R/O ……………….. ………RESPONDENT

APPLICATION FOR SEEKING MAINTENANCE UNDER SECTION 125 Cr.P.C FOR AND ON BEHALF OF PETITIONER.

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AMOUNT CLAIMED –RS.50,000/- PER MONTH.

Most respectfully showeth:-

1.  That the petitioner is the legally wedded wife of the respondent The petitioner is residing within the jurisdiction of this Hon'ble Court .
   

2.  That petitioner was married to the respondent according to the Hindu rites and ceremonies on 17.8.2004 at Delhi with great pump and joy and the parents of the petitioner spent an amount above their status in the marriage of their Daughter.
   

3.  That petitioner and the respondent stayed together after their marriage till 26.11.2004 and thereafter the petitioner was residing with her parents. 
   

4.  That the petitioner was subjected to the utmost cruelty by the respondent and his family members on account of dowry demands. The petitioner has already filed a criminal complaint to this effect before the CAW Cell against the respondent and his family members and the same was converted into an FIR and the contents of the same are not repeated herein for the sake of brevity and the same may be read as part and parcel of this petition. Copy of the same is annexed herewith as **Annexure-A.**
   

5.   That it was an arranged marriage and father of the petitioner solemnized  a decent marriage and gave Centro Car, golden  jewellery and other valuable articles in dowry and spend about Rs.8  lacs in the petitioner’s marriage.
   

6.  That it is regretted that respondent  and his family members  are not satisfied  with the dowry articles  given by petitioner’s father  at the time of solemnization of marriage  and on very first night, the respondent   said the petitioner  that there were many parties who were ready to given Rs.12-14 lacs  in dowry. The condition  of the petitioner  can be well imagined as  she had  to listen these words on very first night of her matrimonial life.  The petitioner   became suspicious  on very first night that the intention of the respondent  and his family members  is malafide. The mother-in-law, father-in-law and sister-in-law of the petitioner   taunted   the petitioner  for bringing dowry which was not upto their satisfaction. All of them openly  said that such an ordinary  marriage is solemnized  these days by common people and they never expected that the petitioner  will b ring so less dowry with her.
   

7.  That thereafter, respondent and his family members used to taunt the petitioner for bringing less dowry when the petitioner  said to the respondent  that such type of behaviour and taunts are very harassing for the her , the respondent  said that the petitioner  deserve these taunts as she has not brought dowry  upto their expectations. The respondent only said that he wanted a Assent Car and not a Santro, which petitioner’s father given in dowry.
   

8.  That whenever some one come from petitioner’s parental  family to see the petitioner, respondent  and his family members  used to misbehave  with them. Even father-in-law of the petitioner  said to the petitioner  that  if her mother came to see her, they will kill the petitioner. The respondent often used  to beat the petitioner  mercilessly. Once mother-in-law of the petitioner   also beated the petitioner with a frypan and once she pushed the petitioner from the stairs, the petitioner was  and there was mild  bleeding from her head. Inspite of this, the petitioner did not respect the matter to police or to her parents as she did not want to spoil her matrimonial life. The petitioner tolerated their misbehaviour and taunts only to save her matrimonial life.
   

9.  That on the very next day of marriage, petitioner’s mother-in-law  took all the jewellery  given by petitioner’s parents  to the petitioner   and she also took all the jewellery which was given  to petitioner  by her in-laws. She said that  it is risky to wear jewellery  and she will keep the jewellery  at a safe place.
   

10. The petitioner was not allowed even to watch T.V. whenever she tried so. The T.V. was switched off by petitioner’s mother-in-law as saying “BIJLI KA BILL KYA TERA BAAP BHAREGA.” The petitioner’s sister-in-law is also in hand in gloves with them and whenever she visited the matrimonial home of the petitioner, a meeting used to take place and thereafter, the petitioner was beaten by the respondent. All the provocation was from her Nand Poonam Talwar, who also used to taunt the petitioner saying “KANGLE GHAR KI LADKI AAEE HAIN”. The petitioner’s sister-in-law also said that she wanted a heavy golden chain for herself and a heavy golden kada for her husband. Petitioner’s parents-in-laws said that they will marry their son with someone else and even in second marriage, their son will get about Rs.15 lacs in dowry. In short, they all want to thrown the petitioner out of her matrimonial home.

11. That the respondent never gave the petitioner even a single paise for petitioner patty expenses, which an ordinary women requires for her personal use articles. Whatever the petitioner ‘s mother give her when she visited at the time of festivals, petitioner’s mother-in-law snatched all the money and articles from the petitioner, given to the petitioner by her mother.

12. That petitioner’s mother-in-law used to taunt the petitioner by calling her a characterless lady and she used to take the petitioner’s name with some persons whom even the petitioner do not know by their names. Their only ultimate aim is to harass and get rid of the petitioner.

13. That on 25.11.2004, late in the evening, the petitioner heard some noises in the house and saw that the respondent and father-in-law were discussing something loudly and when they saw the petitioner, they said that they require Rs.2 lacs urgently and asked the petitioner to call her parents and informed them about the demand of Rs.2 lakh by the abovesaid persons. The petitioner said that recently her father has solemnized her marriage and it will be very difficult for him to arrange such a big amount of Rs.2 lacs. At this both, respondent and his father got annoyed and said that now they do not want to keep the petitioner with them and even said that the petitioner should leave their home immediately. The petitioner said that she wants to stay at the matrimonial home. However, the developments were informed to her parents by the petitioner. On listening all the things, the petitioner’s father got worried. Back home the petitioner was not allowed to sleep throughout night and in the morning, the respondent said that the petitioner is going to leave her at her parental home. seeing no alternative, the petitioner agreed. While the petitioner and her husband were coming out of the society by chance father of the petitioner also arrived and thereafter, all of us came back for discussion and if was decided that the petitioner will continue to stay at her matrimonial home. The police was also informed at telephone number 100. However, at that time, the matter was settled as parents-in-law of the petitioner and respondent said that now they will keep the petitioner properly and will not tease her or taunt her and will also not demand dowry/cash from the petitioner and her parents.

14. That however, as soon as petitioner’s father left on 26.11.2004, the respondent and his family members started taunting and harassing the petitioner and petitioner was forced to leave her matrimonial home in three plain wearing clothes only. It was change that petitioner’s father was still outside the Appartments. The petitioner informed all the developments to him and as her life was also in danger at the hands of the respondent and his family members they though it better to inform the police and the petitioner reported the matter to incharge Dost Police post, ……………, Delhi.

15. That since then i.e. DD.MM.YYYY, the petitioner is living with her parents. The respondent and his family members ruined her life and they have beaten the petitioner, taunted her for demand of dowry and have made the life of the petitioner miserable. Now even a single day after petitioner’s marriage, she was allowed to live peacefully.

16. That the respondent has neglected and refused to maintain the petitioner and has deliberately and malafidely never provided any maintenance allowance to her. Since the time she is living separately the burden of looking after the petitioner is on her parents and she has borne physical and mental cruelties at the hands of the respondent and the respondent has been thoroughly insensitive to the needs of the petitioner. The petitioner is entitled to the same standard of living as maintained by the respondent. The respondent is legally, socially and morally bound to maintain the petitioner. The respondent has no other liability except to maintain the petitioner.

17. That the break up of the expenses of the petitioner, incurred per month is being given as under: -

Petitioner Bharti Arora

(a) Expenses on food including

Nutrition food-milk butter, fruits etc. Rs 10, 000/-

(b) House maintenance including

Including electricity, water and

      Telephone charges etc. Rs 10000/-

(c) Medical expenses Rs. 5,000/-

(d) Expenses on clothes Rs. 10,000/-

(e) Misc, expenses, entertainment

Amusement parks, etc. Rs. 5,000/-

(f) Transportation Rs. 8,000/-

(g) Other expenses Rs. 2,000/-

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      Total Rs. 50,000

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1. That the respondent is living in his own house and enjoying all the luxuries available as he is earning approx. Rs.1,25,000/- p.m. out of his aforesaid resources. The respondent has neglected the petitioner in such a manner that he has totally forgotten her as that she has never existed in his life.

2. That the petitioner is claiming an amount of Rs. 50,000/- per month from the respondent for her food, clothing, house maintenance, medical expenses. The amount claimed is quite reasonable. The respondent who is having monthly income of Rs. 1,25,000/-per month can easily afford to pay the amount of Rs.50,000/- per month towards the maintenance of the petitioner and the respondent is legally and morally bound to maintain the petitioners.

3. That the cause of action for filing the present petition arose in the DD.MM.YYYY the day the petitioner got married and again on DD.MM.YYYY when the respondent turned out the petitioner from the matrimonial home. It again arose when the respondent failed to provide maintenance to the petitioner and the cause of action is still continuing as the respondent has neglected to maintain the petitioner.

4. That the marriage of the petitioner with the Respondent was solemnized in Delhi. The petitioner as well as the respondent also resides and work for gain in Delhi. Thus, this Hon’ble court has the jurisdiction to try and entertain the present petition.

  P RAY E R:-

It is, therefore, most respectfully prayed that this Hon'ble Court may very kindly be pleased to: -

a). direct the respondent to pay a sum of Rs.25,000/- per month for the maintenance of the petitioner and a decree to that effect be passed and /or

b). award the Cost of litigation to the tune of Rs.11,000/-.

  

c). This Hon’ble court may pass any other or further order as may be deemed fit and proper in the facts and circumstances of the cases.

      Petitioner

Delhi

Dated

Through

Counsel

VERIFICATION: -

Verified at Delhi on this of Jan., 2021 that the contents of Para 1 to ___ of the petition are true and correct to the best of knowledge while those of paras __ and __ are true and believed to be correct. Last para is a payer to this Hon'ble Court.

PETITIONER

  

MAINTENANCE APPLICATION NO. OF 2007

…………………… …Petitioner

Sh…………. …Respondent

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A F F I D A V I T

 I,……………………. W/O SH……………. D/O SH……………….. R/O ……………………………………….., do hereby solemnly affirm and declare as under:-

1. That I am the petitioner and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.

2. That the contents of the annexed petition u/s 125 Cr.P.C. has been drafted by my counsel as per my instruction and the contents of the same have been duly read over and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to the best of my knowledge.

  

The contents of said application may kindly be read as part and parcel of this affidavit also as the contents of the same have not been repeated herein for the sake of brevity.

DEPONENT

VERIFICATION

     Verified at Delhi on this __ day of Jan., 2021, that the contents of my above affidavit are true and correct to knowledge, no part of it is false and nothing material has been concealed therefrom.

      DEPONENT

  

MAINTENANCE APPLICATION NO. OF 2007

…………………….. …Petitioner

Sh………………. …Respondent

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Application for the grant of interim maintenance.

Most respectfully showeth:-

1.  That the petitioner has filed the accompanying petition for maintenance of Rs. 25,000/- per month from the respondent who is the husband of petitioner. The petitioner has filed the present petition.
   

2.  That the respondent is the husband of the petitioner and has neglected to maintain the petitioner. The petitioner is, thus, claiming an amount of Rs.25,000/- per month from the respondent who is a man of means and well to do and earning an handsome amount of Rs. 52,000/- per month. The amount claimed is more than reasonable and the respondent can easily afford to pay such a sum towards the maintenance of petitioner.
   

3.  That the respondent has deliberately and malafidely never provided any maintenance allowance to the petitioner. All these years, the burden of looking after her was totally upon her old aged parents, who has borne physical and mental cruelties at the hands of the respondent and the respondent has been thoroughly insensitive to the needs of the petitioner. The petitioner is entitled to the same standard of living as maintained by the respondent as she is his legally wedded wife.
   

4.  That the balance of convenience lies in favour of the petitioner and in case the respondent continues to neglect to provide maintenance to the petitioner, the petitioner will be deprived of various opportunities which other women and children of the same status and standard would be enjoying.
   

 It is, therefore, most respectfully prayed that

a. The respondent be directed to pay a sum of Rs. 25,000/- per month as maintenance to the petitioners by way of interim maintenance.

  

b. This Hon’ble court may pass any other or further order as may be deemed fit and proper in the facts and circumstances of the case.

 PETITIONER

      THROUGH

DELHI.

DATED:-

Counsel

  

(NAME)

ADVOCATE

      ENROLMENT No. AND ADDRESS.

MAINTENANCE APPLICATION NO. OF 2011

…………………., …PETITIONER

…………………, …RESPONDENT

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A F F I D A V I T

I, ………………. W/o Sh. ………………….. D/o ………………….. R/o …………………, do hereby solemnly affirm and declare as under:-

1.   That I am the petitioner and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.
   

2.   That the contents of the annexed petition u/s 125 Cr.P.C. has been drafted by my counsel as per my instruction and the contents of the same have been duly read over and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to the best of my knowledge. The contents of said application may kindly be read as part and parcel of this affidavit also as the contents of the same have not been repeated herein for the sake of brevity.
   

DEPONENT

VERIFICATION

      Verified at Delhi on this __ day of …………., 2023, that the contents of my above affidavit are true and correct to knowledge, no part of it is false and nothing material has been concealed therefrom.

      DEPONENT