Maintenance application under Section 125 CrPC with affidavit and interim maintenance application
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IN THE COURT OF A.C.M.M, DISTRICT ROHINI, DELHI
MAINTENANCE APPLICATION NO. Maintenance application numberOF 20__
IN THE MATTER OF:-
Petitioner's name…PETITIONER
VERSUS
Sh. Respondent's name…RESPONDENT
INDEX
| S. No. | PARTICULARS | PAGE | COURT FEE |
|---|---|---|---|
| 1. | MEMO OF PARTIES |
| 2. | PETITION FOR MAINTENANCE UNDER SECTION 125 Cr.P.C ALONGWITH AFFIDAVIT |
| 3. | APPLICATION FOR INTERIM RELIEF ALONGWITH AFFIDAVIT |
| 4. | LIST OF DOCUMENTS |
| 5. | VAKALATNAMA |
Petitioner
Delhi
DatedThrough
Advocate's name
ADVOCATE
ENROLMENT NO. AND ADDRESS: Advocate's enrolment number and address
IN THE COURT OF A.C.M.M, DISTRICT ROHINI, DELHI
MAINTENANCE APPLICATION NO. Maintenance application numberOF Year of filing
IN THE MATTER OF:-
Petitioner's name…PETITIONER
VERSUS
Sh. Respondent's name…RESPONDENT
MEMO OF PARTIES
Petitioner's name,
W/O Sh. Respondent's name,
D/O Sh. Petitioner's father's name,
R/O Petitioner's addressPetitioner's signature PETITIONER
VERSUS
Sh. Respondent's name,
S/O Respondent's father's name,
R/O Respondent's addressRespondent's signature RESPONDENT
Petitioner
Delhi
DatedThrough
Advocate's name
ADVOCATE
ENROLMENT NO. AND ADDRESS: Advocate's enrolment number and address
IN THE COURT OF A.C.M.M, DISTRICT ROHINI, DELHI
MAINTENANCE APPLICATION NO. Maintenance application numberOF Year of filing
IN THE MATTER OF:-
Petitioner's name,
W/O Sh. Respondent's name,
D/O Sh. Petitioner's father's name,
R/O Petitioner's addressPetitioner's signature PETITIONER
VERSUS
Sh. Respondent's name,
S/O Respondent's father's name,
R/O Respondent's addressRespondent's signature RESPONDENT
APPLICATION FOR SEEKING MAINTENANCE UNDER SECTION 125 Cr.P.C ON BEHALF OF THE PETITIONER
AMOUNT CLAIMED: RS. Monthly maintenance amount claimed/- PER MONTH
MOST RESPECTFULLY SHOWETH:
1.That the petitioner is the legally wedded wife of the respondent, and the petitioner is residing within the jurisdiction of this Hon'ble Court.
2.That the petitioner was married to the respondent according to Hindu rites and ceremonies on Date of marriage at Delhi with great pomp and show, and the parents of the petitioner spent an amount beyond their means on the marriage of their daughter.
3.That the petitioner and the respondent stayed together after their marriage until Date until which petitioner and respondent stayed together, and thereafter the petitioner has been residing with her parents.
4.That the petitioner was subjected to the utmost cruelty by the respondent and his family members on account of demands for dowry. The petitioner has already filed a criminal complaint in this regard before the CAW Cell against the respondent and his family members, and the same was converted into an FIR. The contents of the FIR are not repeated herein for the sake of brevity, and the same may be read as part and parcel of this petition. A copy of the same is annexed herewith as Annexure-A.
5.That it was an arranged marriage, and the father of the petitioner solemnised a decent marriage and gave a Car given in dowry car, golden jewellery and other valuable articles in dowry, spending about Rs. Amount spent on marriage/- on the petitioner's marriage.
6.That it is regretted that the respondent and his family members were not satisfied with the dowry articles given by the petitioner's father at the time of the solemnisation of the marriage. On the very first night, the respondent told the petitioner that there were many parties who were ready to give Rs. Dowry amount demanded on first night/- in dowry. The condition of the petitioner can well be imagined, as she had to listen to these words on the very first night of her matrimonial life. The petitioner became suspicious on the very first night that the intention of the respondent and his family members was malafide. The mother-in-law, father-in-law and sister-in-law of the petitioner taunted the petitioner for bringing dowry which was not up to their satisfaction. All of them openly said that such an ordinary marriage is nowadays solemnised by common people, and that they never expected that the petitioner would bring so little dowry with her.
7.That thereafter, the respondent and his family members used to taunt the petitioner for bringing less dowry. When the petitioner told the respondent that such behaviour and taunts were harassing for her, the respondent said that the petitioner deserved these taunts as she had not brought dowry up to their expectations. The respondent repeatedly said that he wanted a Car demanded by the respondent car and not the car which the petitioner's father had given in dowry.
8.That whenever anyone came from the petitioner's parental family to see her, the respondent and his family members used to misbehave with them. The father-in-law of the petitioner even told the petitioner that if her mother came to see her, they would kill her. The respondent often used to beat the petitioner mercilessly. On one occasion, the mother-in-law of the petitioner beat her with a frying pan, and on another occasion she pushed the petitioner down the stairs, causing mild bleeding from her head. In spite of this, the petitioner did not report the matter to the 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 the marriage, the petitioner's mother-in-law took away all the jewellery given to the petitioner by her parents, and also all the jewellery which had been given to the petitioner by her in-laws. She said that it was risky to wear jewellery and that she would keep it at a safe place.
10.That the petitioner was not even allowed to watch television; whenever she tried to do so, the petitioner's mother-in-law would switch off the television, saying that the electricity bill was not going to be paid by her. The petitioner's sister-in-law, Sister-in-law's name, is also hand in glove with them, and whenever she visited the petitioner's matrimonial home, a meeting used to take place, after which the petitioner would be beaten by the respondent. All the provocation came from the petitioner's nanad, Sister-in-law's name, who also used to taunt the petitioner about her parental home. 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. The petitioner's parents-in-law said that they would marry their son to someone else, and that even in a second marriage their son would get about Rs. Dowry amount mentioned for second marriage/- in dowry. In short, they all wanted to throw the petitioner out of her matrimonial home.
11.That the respondent never gave the petitioner even a single paisa for her petty expenses, which an ordinary woman requires for her personal articles. Whatever the petitioner's mother gave her when she visited during festivals, the petitioner's mother-in-law snatched all the money and articles from the petitioner.
12.That the petitioner's mother-in-law used to taunt the petitioner by calling her a characterless lady, and used to associate the petitioner's name with persons whom even the petitioner did not know. Their sole aim was to harass the petitioner and get rid of her.
13.That on Date of the cash demand incident, late in the evening, the petitioner heard some noises in the house and saw that the respondent and the father-in-law were discussing something loudly. When they saw the petitioner, they said that they urgently required Rs. Cash amount demanded/- and asked the petitioner to call her parents and inform them of the demand made by the abovesaid persons. The petitioner replied that her father had recently solemnised her marriage and it would be very difficult for him to arrange so large an amount. At this, both the respondent and his father got annoyed and said that they did not want to keep the petitioner with them any longer, and even said that the petitioner should leave their home immediately. The petitioner said that she wished to stay at the matrimonial home. The developments were, however, informed to her parents by the petitioner. On hearing everything, the petitioner's father got worried. At home, the petitioner was not allowed to sleep throughout the night, and in the morning the respondent said that he was going to leave the petitioner at her parental home. Seeing no alternative, the petitioner agreed. While the petitioner and her husband were coming out of the society, the father of the petitioner, by chance, also arrived, and thereafter all of them came back for discussion, and it was decided that the petitioner would continue to stay at her matrimonial home. The police were also informed at telephone number 100. However, at that time, the matter was settled, as the parents-in-law of the petitioner and the respondent said that they would henceforth keep the petitioner properly, would not tease her or taunt her, and would also not demand dowry or cash from the petitioner and her parents.
14.That, however, as soon as the petitioner's father left on 26.11.2004, the respondent and his family members started taunting and harassing the petitioner, and the petitioner was forced to leave her matrimonial home wearing only plain clothes. It is relevant to state that the petitioner's father was still outside the apartments at that time. The petitioner informed him of all the developments, and as her life was in danger at the hands of the respondent and his family members, they thought it better to inform the police. The petitioner, therefore, reported the matter to the In-charge, Police post name Police Post, Police post name, Delhi.
15.That since then, i.e. DD.MM.YYYY, the petitioner has been living with her parents. The respondent and his family members have ruined her life; they have beaten the petitioner, taunted her with demands for dowry, and made her life miserable. Not even a single day after the petitioner's marriage was she allowed to live peacefully.
16.That the respondent has neglected and refused to maintain the petitioner and has deliberately and mala fide never provided any maintenance allowance to her. Since the time she has been living separately, the burden of looking after the petitioner has fallen upon her parents, and she has suffered physical and mental cruelty at the hands of the respondent, who 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 monthly expenses incurred by the petitioner is given as under: -
Petitioner Petitioner's name
(a)Expenses on food, including nutritious food such as milk, butter, fruits, etc. Rs. 10,000/-
(b)House maintenance, including electricity, water and telephone charges, etc. Rs. 10,000/-
(c)Medical expenses Rs. 5,000/-
(d)Expenses on clothes Rs. 10,000/-
(e)Miscellaneous expenses, including entertainment, amusement parks, etc. Rs. 5,000/-
(f)Transportation Rs. 8,000/-
(g)Other expenses Rs. 2,000/-
TotalRs. 50,000/-
18.That the respondent is living in his own house and enjoying all the luxuries available to him, as he is earning approximately Rs. 1,25,000/- per month from his aforesaid resources. The respondent has neglected the petitioner to such an extent that he has completely forgotten her, as though she had never existed in his life.
19.That the petitioner is claiming an amount of Rs. 50,000/- per month from the respondent towards her food, clothing, house maintenance and medical expenses. The amount claimed is quite reasonable. The respondent, having a monthly income of Rs. 1,25,000/-, 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 petitioner.
20.That the cause of action for filing the present petition arose on DD.MM.YYYY, the day the petitioner got married, and again on DD.MM.YYYY, when the respondent turned the petitioner out of the matrimonial home. It arose once again 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.
21.That the marriage of the petitioner with the respondent was solemnized in Delhi. The petitioner as well as the respondent reside and work for gain in Delhi. This Hon'ble Court therefore has the jurisdiction to try and entertain the present petition.
PRAYER
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 towards the maintenance of the petitioner, and a decree to that effect be passed; and/or
(b)award the costs of litigation to the tune of Rs. 11,000/-.
(c)pass any other or further order as may be deemed fit and proper in the facts and circumstances of the case.
Petitioner
Delhi
Dated
Through
Counsel
VERIFICATION: -
Verified at Delhi on this Day of affidavit verification day of January, 2021, that the contents of paragraphs 1 to Number of last factual paragraph of the petition are true and correct to the best of my knowledge, while those of paragraphs Number of first belief paragraph and Number of second belief paragraph are true and believed to be correct. The last paragraph is a prayer to this Hon'ble Court.
PETITIONER
IN THE COURT OF A.C.M.M., DISTRICT ROHINI, DELHI.
MAINTENANCE APPLICATION NO.OF 2007
IN THE MATTER OF: -
Petitioner's name…Petitioner
VERSUS
Sh. Respondent's name…Respondent
A F F I D A V I T
I, Petitioner's name, wife of Sh. Respondent's name, daughter of Sh. Petitioner's father's name, resident of Petitioner's address, 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 am also competent to file the present affidavit.
2.That the contents of the annexed petition under Section 125 Cr.P.C. have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and explained to me, and I have fully understood the same. I hereby state that the facts stated therein are true and correct to the best of my knowledge.
The contents of the said application may kindly be read as part and parcel of this affidavit, as the contents thereof have not been repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on this Day of affidavit verification day of January, 2021, that the contents of my above affidavit are true and correct to my knowledge; no part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF A.C.M.M., DISTRICT ROHINI, DELHI.
MAINTENANCE APPLICATION NO.OF 2007
IN THE MATTER OF: -
Petitioner's name…Petitioner
VERSUS
Sh. Respondent's name…Respondent
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 the petitioner. The petitioner has filed the present petition.
2.That the respondent is the husband of the petitioner and has neglected to maintain her. The petitioner is, therefore, claiming an amount of Rs. 25,000/- per month from the respondent, who is a man of means, is well to do, and is earning a 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 the petitioner.
3.That the respondent has deliberately and mala fide never provided any maintenance allowance to the petitioner. All these years, the burden of looking after her has been entirely upon her aged parents. The petitioner has suffered physical and mental cruelty at the hands of the respondent, who has been thoroughly insensitive to her needs. The petitioner, being the legally wedded wife of the respondent, is entitled to the same standard of living as maintained by the respondent.
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 the various opportunities which other women and children of the same status and standard would be enjoying.
PRAYER:
It is, therefore, most respectfully prayed that: -
(a)the respondent be directed to pay a sum of Rs. 25,000/- per month to the petitioner 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.
IN THE COURT OF A.C.M.M., TIS HAZARI, DELHI.
MAINTENANCE APPLICATION NO.OF 2011
IN THE MATTER OF:-
Petitioner's name…PETITIONER
VERSUS
Respondent's name…RESPONDENT
---
A F F I D A V I T
I, Petitioner's name, W/o Sh. Respondent's name, D/o Sh. Petitioner's father's name, R/o Petitioner's address, do hereby solemnly affirm and declare as under:-
1.That I am the Petitioner in the present proceedings and am well conversant with the facts and circumstances of the case, and am also competent to swear and file the present affidavit.
2.That the contents of the annexed petition under Section 125 Cr.P.C. have been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and explained to me, and the same have been fully understood by me. I state that the facts stated therein are true and correct to the best of my knowledge and belief. It is, therefore, respectfully prayed that the contents of the said petition may kindly be read as part and parcel of this affidavit, as the said contents have not been repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on this Day of affidavit verification day of Month of affidavit verification, 2023, that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT