IN THE COURT OF SH. Name of Principal Judge, LD. PRINCIPAL JUDGE (FAMILY COURTS), Court place
H.M.A. NO.HMA case number OF Case year
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
I N D E X
S.NO.PARTICULARS PAGES
1.APPLICATION UNDER SECTION 24 OF THE HINDU MARRIAGE ACT WITH AFFIDAVIT.
Court placeRESPONDENT
THROUGH
DATED
Respondent's name
ADVOCATE
Address: Respondent's address line 1
Respondent's address line 2
Respondent's address line 3.
Mob. No.- Respondent's mobile number
Email: Respondent's email name.Respondent's email domain
IN THE COURT OF MS. Name of Principal Judge, LD. PRINCIPAL JUDGE (FAMILY COURTS), Court place
H.M.A. NO.HMA case number OF Case year
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
APPLICATION UNDER SECTION 24 OF THE HINDU MARRIAGE ACT ON BEHALF OF THE RESPONDENT/WIFE FOR MAINTENANCE PENDENTE LITE AND FOR EXPENSES OF THE PROCEEDINGS FOR THE RESPONDENT AND HER MINOR CHILDREN.
MOST RESPECTFULLY SHOWETH:-
1.That the petitioner has filed the captioned petition under Section 13(1)(ia) of the Hindu Marriage Act against the respondent, which is pending adjudication before this Hon'ble Court.
2.That the respondent/wife has filed her written statement to the petition under Section 13(1)(ia) of the Hindu Marriage Act filed by the petitioner/husband. The facts stated in the written statement are true to the knowledge of the respondent, and the same be read as part and parcel of this application; the said facts are not being repeated herein for the sake of brevity.
3.That after the marriage, the petitioner and the respondent lived together as husband and wife and the marriage was duly consummated. Out of the said wedlock, one female child was born on Daughter's date of birth (day).Daughter's date of birth (month).Daughter's date of birth (year), and one male child was born on Son's date of birth (day).Son's date of birth (month).Son's date of birth (year).
4.That the marriage between the petitioner and the respondent was solemnized on Date of marriage (day).Date of marriage (month).Date of marriage (year) with great pomp and show as per Hindu rites and ceremonies, and was attended by the friends and relatives of both parties.
5.That it is pertinent to mention that the petitioner and his family members subjected the respondent to considerable physical and mental torture and harassment. The petitioner and his family members used to taunt and humiliate the respondent on every occasion, and whenever the respondent went outside the house, the petitioner and his family members levelled false allegations against her. The respondent most humbly submits that no one from the petitioner's family ever attempted to pacify or advise him regarding the proper manner of leading a family life.
6.That the respondent has been subjected to mental, physical and psychological cruelty. The petitioner refused to support the respondent and blamed her. Apart from physical cruelty, the respondent has been subjected to various other forms of cruelty, which are more harmful than physical cruelty and which have destroyed her peace of mind and grievously hurt her feelings.
7.That a comprehensive appraisal of the entire matrimonial life of the respondent and the petitioner clearly shows that the petitioner and his family members are guilty of treating the respondent with physical, mental and economic violence, without any just and reasonable cause. Such conduct is unpardonable and unforgivable, and their wilful and unjustifiable acts have inflicted severe harassment and agony upon the respondent.
8.That the petitioner has not given a single penny to the respondent to meet her day-to-day expenses, and at all times the respondent had to borrow the same from her family members, friends and relatives.
9.That the petitioner is a man of means. He is working with Petitioner's employer and draws a handsome salary to the tune of Rs.X,Petitioner's monthly salary (first digit group),Petitioner's monthly salary (last two digits)/- per month. In addition, the petitioner owns properties which have been rented out to different tenants, and he earns approximately Rs.X,Monthly rental income (first digit group),Monthly rental income (last two digits)/- per month as rent from the said properties. Further, the petitioner also owns ancestral properties at Court place and in other states. Thus, the petitioner earns a total sum of Rs.X,Total monthly income (first digit group),Total monthly income (last two digits)/- per month from the aforesaid sources. The petitioner maintains cars and an expensive mobile phone (iPhone). The petitioner possesses a good amount of gold and bank balances in various banks, and has invested in shares, savings in the form of fixed deposits, LIC policies and other insurance, rental income, etc. It is submitted that the petitioner owns cars and two-wheelers, and also holds various debit cards and credit cards of different banks. On the other hand, the respondent earns a petty amount of Rs.Respondent's annual income lakhs per annum, is working with Respondent's employer, and is taking care of the minor children. Thus, the respondent requires Rs.Maintenance amount claimed/- for herself as well as for her minor children, namely a minor daughter aged Minor daughter's age years and a minor son aged Minor son's age years, and the respondent requires maintenance to meet the day-to-day expenses of herself and her minor children.
10.That the respondent has not only been neglected, but the petitioner has also refused to maintain her. The aforesaid acts of neglect and cruelty have left a deep impact upon the psyche of the respondent.
11.That the petitioner has committed acts of domestic violence by harming, injuring and endangering the health, safety and life of the applicant, and the petitioner has deprived the applicant of the economic and financial resources to which the respondent is entitled as a matter of legitimate right as the legally wedded wife of the petitioner.
12.That the respondent is taking care of her minor children out of her petty salary of Rs.Respondent's annual income lakhs per annum and can hardly maintain herself and the children while residing in rented accommodation. The respondent is entitled to live in a manner similar to the lifestyle and status of the petitioner, and their children require the same degree of comfort as they would enjoy in the petitioner's home.
13.That the petitioner has wilfully and deliberately neglected to maintain the respondent.
14.That the respondent does not own any movable or immovable property in her name.
15.That it is pertinent to mention that the petitioner has no other liability or responsibility to meet except the maintenance of the respondent and her children.
16.That on the other hand, the respondent is not earning and is absolutely dependent upon the mercy of her parents.
17.That the respondent requires money for herself and for her children, as the petitioner is duty-bound to maintain her, the respondent being the legally wedded wife of the petitioner.
18.That the respondent neither has an income comparable to that of the petitioner nor owns any immovable or movable properties; even all the stridhan jewellery articles and dowry articles of the respondent are in the custody of the petitioner and his parents.
19.That the respondent is leading a torturous life, does not have sufficient funds to maintain herself and her children, and is residing in rented accommodation.
20.That the petitioner, who belongs to a high-status family, has made no provision for the maintenance of the respondent. The petitioner has no responsibility other than to maintain the respondent. The respondent is passing through great hardship and crisis. The petitioner is under a moral, social and legal obligation to maintain the respondent, the applicant being his legally wedded wife. The petitioner is not fulfilling any of his responsibilities towards the applicant, demonstrating his irresponsible, disorderly and cruel behaviour towards her.
21.That the petitioner also owns other movable and immovable properties in his name, which have not been disclosed to the applicant. He further holds shares, fixed deposits, bonds and the like, and maintains credit cards and club memberships in his own name. In addition to the aforesaid, the petitioner has other sources of income and is leading a life of luxury.
22.That under these circumstances, the respondent is in need of money to maintain herself and her children. The petitioner is duty-bound to maintain the respondent in accordance with his status, and she is entitled to a sum of Rs. Monthly maintenance claimed (first digit group),Monthly maintenance claimed (last two digits)/- per month.
23.That it is submitted that since the date of desertion, the petitioner has neither maintained the respondent and her children nor paid anything towards their upkeep.
24.That it is established that the petitioner has failed to discharge his liability as provided under law.
25.That the petitioner is legally bound to maintain the respondent, and she is entitled to Rs. Monthly maintenance claimed (first digit group),Monthly maintenance claimed (last two digits)/- per month towards her maintenance, livelihood and that of her children.
26.That in the event the present application is not allowed and maintenance in terms of the provisions of Section 24 of the H.M.A. is not granted to the respondent, she will be reduced to facing starvation.
P R A Y E R :-
It is, therefore, most respectfully prayed that maintenance at the rate of Rs. Maintenance amount (first digit group),Maintenance amount (middle digits),Maintenance amount (last two digits)/- (Rupees Maintenance amount in words (part 1) Maintenance amount in words (part 2) only) per month may be granted to the respondent and her children, and that the petitioner be further directed/ordered to pay a sum of Rs. Litigation cost amount (first digit group),Litigation cost amount (last two digits)/- as the cost of litigation/expenses of the proceedings in terms of Section 24 of the H.M.A., till the pendency/final disposal of the present petition.
It is further prayed that this Hon'ble Court be pleased to direct the petitioner/husband to disclose his other assets (movable and immovable).
Any other relief which this Hon'ble Court may deem fit and proper may also be granted in favour of the respondent and against the petitioner.
GURUGRAMRESPONDENT
THROUGH
DATED
Respondent's name
ADVOCATE
Address: Respondent's address line 1
Respondent's address line 2
Respondent's address line 3.
Mob. No. – Respondent's mobile number
Email:
IN THE COURT OF MS. Name of Principal Judge, LD. PRINCIPAL JUDGE, (FAMILY COURTS), GURUGRAM.
H.M.A. NO. HMA case number OF Case year.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Mrs. Deponent's (wife's) name, W/o Mr. Husband's name, D/o Sh. Deponent's father's name, R/o Deponent's address line 1, Deponent's address line 2, Deponent's address line 3, at present the above-named respondent, solemnly affirms and declares as follows:-
1.That I, being the respondent in the above-noted case, am aware of the facts and circumstances of the case and, as such, am competent to swear and file the present affidavit.
2.That the contents of the accompanying application under Section 24 of the H.M.A. for grant of maintenance and litigation expenses have been drafted by my counsel under my instructions, and the contents thereof may kindly be read as part and parcel of this affidavit, the same not being reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified at Gurugram on this Date of verification (day) day of Date of verification (month), Date of verification (year), that the contents of the above affidavit are true and correct to the best of my knowledge and belief, and nothing has been concealed therefrom.
DEPONENT