Petition under Section 125 CrPC for maintenance with interim maintenance application, affidavit and lists
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI
MT. PETITION NO. MT petition number/2021
IN THE MATTER OF:
Petitioner's name…PETITIONER
VERSUS
Respondent's name…RESPONDENT
INDEX
| S. No. | PARTICULARS | Page No. |
|---|---|---|
| 1. | Memo of Parties |
| 2. | Petition under Section 125 of the CrPC for maintenance along with the supporting affidavit |
| 3. | Application for interim maintenance along with the supporting affidavit |
| 4. | List of Documents |
| 5. | Vakalatnama |
NEW DELHIPETITIONER
DATED:THROUGH
COUNSEL
Counsel's name
Office No.: Counsel's office number
Mobile: Counsel's mobile number
Email: Counsel's email
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI
MT. PETITION NO. MT petition number/Year
IN THE MATTER OF:
Petitioner's name…PETITIONER
VERSUS
Respondent's nameRespondent's description …RESPONDENT
MEMO OF PARTIES
Petitioner's name, W/o Petitioner's husband's name, D/o Petitioner's father's name, R/o H. No. Petitioner's house number, Petitioner's address locality…Petitioner
VERSUS
Respondent's name, S/o Respondent's father's name, R/o H. No. Respondent's house number…Respondent
DELHIPETITIONER
DATED:THROUGH
COUNSEL
Counsel's name
Office No.: Counsel's office number
Mobile: Counsel's mobile number
Email: Counsel's email
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI
MT. PETITION NO. MT petition number/Year
IN THE MATTER OF:
Petitioner's name…PETITIONER
VERSUS
Respondent's nameRespondent's description …RESPONDENT
PETITION UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE, 1973 ON BEHALF OF THE PETITIONER
MOST RESPECTFULLY SHOWETH:
1.That the Petitioner is a law-abiding citizen of India and has full faith in the administration of justice. That the marriage between the Petitioner and the Respondent was solemnised on Date of marriage according to Hindu rites and ceremonies at Place of marriage. A copy of the marriage card and the photographs are annexed herewith as Annexure-A.
2.That the Petitioner and the Respondent were Hindus at the time of the solemnisation of their marriage and continue to profess the same religion as on the date of filing of the present petition.
3.That from the very inception of the marriage and until the filing of the present petition, the Respondent has treated the Petitioner with utmost cruelty and has failed to maintain her, and is thereby liable to pay maintenance to her under Section 125 of the Code of Criminal Procedure, 1973 (CrPC).
4.That the Respondent, since the very beginning of the marriage, has treated the Petitioner with utmost cruelty (as described in detail in the paragraphs hereinafter), which includes, but is not restricted to, repeated humiliation suffered by the Petitioner at the hands of the Respondent on several occasions. The Petitioner further has cogent reasons and evidence which would clearly establish and prove that the Respondent, after the solemnisation of the marriage, treated the Petitioner with the utmost cruelty.
5.That the marriage between the parties was an arranged marriage, and the Petitioner had dreamt of a happy married life with her spouse; however, all her dreams of a happy matrimonial life were shattered when the Petitioner was received cold-heartedly by the Respondent's family, and the Respondent stated that the Petitioner's family had not brought dowry in accordance with the expectations and status of the Respondent's family.
6.That the father of the Petitioner spent a substantial amount in organising the marriage function. The Petitioner's father spent beyond his means to fulfil the demands of the Respondent and his family members. The Petitioner's father fulfilled all the demands of the Respondent and his family, and various gifts and dowry articles, including jewellery and other items, were given to the Respondent and his relatives.
7.That the father of the Petitioner had spent more than his capacity on the marriage, together with the dowry. The Petitioner has suffered immense mental as well as physical trauma, as a result of which she came to be involuntarily separated from her matrimonial home.
8.That the Petitioner did not leave her matrimonial home despite suffering the utmost cruelty. The Respondent, however, resorted to a stratagem and manipulated the Petitioner by suggesting that she should leave the poisonous and unsafe surroundings and stay at her parental home for a few days. The Respondent further said: “Opening of respondent's quoted wordsClosing of respondent's quoted words”. That the Respondent promised to bring the Petitioner back to her matrimonial home once everything became normal and safe.
9.That it is further stated that the Petitioner, having been compelled to live at her paternal home against her will, found that the Respondent started avoiding her telephone calls; and whenever the Respondent did answer a call, he would shout at her, make baseless allegations that the Petitioner was responsible for the toxic atmosphere in the matrimonial home, abuse her, or disconnect the call.
10.That the same state of affairs continued until Date till which the state of affairs continued, when the Petitioner made a telephone call to the Respondent on Date of the Petitioner's phone call to the Respondent. During the course of that conversation, the Respondent made false excuses and stated that he had been abandoned by his family and was now living separately in rented accommodation. It is further submitted that the Petitioner continuously made efforts for a successful and happy married life, whereas the Respondent never showed any interest or made any effort; during the said call, the Petitioner repeatedly expressed her willingness to reside with the Respondent. The Respondent, however, said: “Respondent's second quoted words”. Thereafter, the Respondent started avoiding the Petitioner's telephone calls altogether.
11.That on Date the Respondent's parents refused to open the gate, the Petitioner herself went to her matrimonial home, but the Respondent's parents refused to open the gate of the house and shouted from inside: “Respondent's parents' quoted words”. Left with no other option, the Petitioner made a telephone call to the police station. When the police officials reached the Petitioner's matrimonial home, they requested the Respondent's parents to open the main gate of the house, but they refused to come out. The police officials fixed Date of police settlement attempt for a settlement between the Petitioner on the one hand and the Respondent and his family on the other.
12.That on Date of panchayat, a Panchayat was held, in which the Respondent himself voluntarily admitted that the Respondent and the Petitioner would live together in rented accommodation at Address of rented accommodation. It is further submitted that the Respondent made the Petitioner's life a nightmare from Date of start of abuse period until Date of end of abuse period. The Respondent used to abuse and assault her. The Respondent took nude photographs of the Petitioner and forced her into unnatural sex. It is pertinent to mention that the Respondent threatened the Petitioner with an attack by acid and a blade on her face if she did not fulfil his sexual desires or did not go back to her parental home.
13.That the Respondent was selected for Police service the Respondent was selected for, and, as per the prescribed parameters, training was mandatory before posting as a police official. The Petitioner therefore requested the Respondent to leave her at the matrimonial home during his training period, since all her clothes, ornaments and other basic necessities were lying there and she felt unsafe staying alone in the rented accommodation; however, the Respondent flatly refused to do so. That on Date the Respondent took a separate rented room, the Respondent took another rented room for the Petitioner to stay in during his training period and promised her father that he would take the Petitioner back when he returned from his training.
14.That it is pertinent to mention that at a Panchayat, the respondent was directed to open a joint bank account, and accordingly he opened a joint bank account with the Petitioner in the Central Bank of India and deposited a sum of Rs. Amount deposited in joint account (₹) therein. The respondent also signed a written commitment whereby he undertook to deposit a sum of Rs. Promised monthly maintenance amount (₹) every month in the said joint bank account towards the expenses of the Petitioner. That the respondent failed to deposit money towards the monthly expenses of the Petitioner as promised in the said written commitment. A copy of the duly signed written commitment of the respondent is annexed herewith as ANNEXURE-B.
15.That on 0X.Date respondent left for police training.Year the respondent left for his official police training, and since then the respondent never answered the telephone calls of the Petitioner. It is further submitted that after about twenty days, the respondent visited the Petitioner's rented accommodation and forcefully established physical relations with her against her wishes, and returned to the training camp the following morning. It is further submitted that the respondent again stopped answering the telephone calls, and whenever he did answer, he made baseless allegations, abused the Petitioner over the telephone, and threatened to commit suicide in order to falsely implicate her. It is also pertinent to mention that the respondent has now stopped depositing any amount towards the monthly expenses of the Petitioner in the said account. A copy of the bank statement of the Petitioner is annexed herewith as ANNEXURE-C.
16.That on Date of receipt of divorce papers.Month of receipt of divorce papers.Year the Petitioner received the divorce papers sent by the respondent. The Petitioner felt humiliated, as her life became meaningless, and she was forced to live in solitude, being dependent upon her aged and financially weak parents in the prevailing pandemic situation. Being aggrieved, the Petitioner approached the police officials to register her complaint, but no course of action was taken against the respondent. A copy of the duly signed written complaint of the Petitioner is annexed herewith as ANNEXURE-D.
17.That the Petitioner has undergone extreme mental trauma, and her life has been made miserable since the inception of her marriage, as she has been subjected to utmost humiliation, cruelty, physical abuse, mental torture and baseless allegations. Consequently, the Petitioner's mental condition has deteriorated day by day owing to the inhuman behaviour of the respondent and his family members.
18.That the respondent displayed a careless and irresponsible attitude towards his marital relationship with the Petitioner. The respondent never performed his marital obligations; he only abused and tortured the Petitioner without any reason, which caused her complete mental and physical trauma. The respondent did not bear even the medical expenses of the Petitioner. Every alternate day, on one pretext or the other, the respondent pressured the Petitioner to leave him by subjecting her to mental torture and disrespectful behaviour; and when he did not succeed in this, he resorted to a well-calculated design to drive the Petitioner out of his life.
19.That the Petitioner entertained the hope that the situation would normalise one day and that the respondent would take her back to her matrimonial home; however, the attitude and behaviour of the respondent did not improve at all and, in fact, deteriorated day by day. The Petitioner was ill-treated and subjected to extremely grave and uninhabitable circumstances by her husband; she was abused, subjected to torture, harassed, continuously rebuked, and physically as well as mentally tortured, and ultimately, to her utter shock, she received divorce papers from the respondent.
20.That, with a view to extracting more and more dowry and other allied articles, the respondent, having been selected in the Police force in which the respondent serves, abandoned the Petitioner along with his family members. It is pertinent to mention that, on account of the extremely unpleasant treatment meted out to her and the non-payment of any monthly allowance, the Petitioner was compelled to vacate her rented accommodation and became dependent upon her aged parents. It is further submitted that the dowry articles, marriage gifts and stridhan articles are lying at the Petitioner's matrimonial home, where they were entrusted to the respondent and his family members, who remain in possession and control thereof, despite the demands of the Petitioner for their return. Thus, all of them have committed offences under various provisions of law.
21.That the Petitioner became a victim of the mental and physical torture inflicted upon her by the respondent on account of the non-fulfilment of his unlawful demands; and, further, a fraud and breach of trust has been committed upon her by the respondent.
22.That the respondent is working as a Constable in the Police force in which the respondent serves and earns a handsome salary, whereas the Petitioner is utterly helpless and is left with no option but to depend upon her aged and financially weak parents. That the respondent owns several agricultural lands in his village and derives substantial income therefrom. It is further submitted that the respondent also possesses several rental properties and earns a handsome amount by way of rent. That the father of the respondent is also working and earns sufficient income for his sustenance. That, despite having no social liability other than to maintain the Petitioner, the respondent has failed to discharge his responsibility. The Petitioner is unable to maintain herself, and the respondent has wilfully neglected and failed to maintain her. It is further submitted that the respondent abandoned the Petitioner and stated that he would soon remarry.
23.That the Petitioner is residing at her parental home and is facing hardship in maintaining herself, as she has no source of income to fulfil even the necessities of life. The Petitioner is not working, and her husband owes a duty to maintain her but has failed to do so; instead, the Petitioner is entirely dependent upon her aged parents, who are themselves not working. A copy of the Aadhaar card of the Petitioner is annexed herewith as ANNEXURE-E.
24.That the Petitioner has been residing in Delhi since the date she was abandoned by the respondent, and the Petitioner thus resides within the territorial jurisdiction of this Hon'ble Court. This Hon'ble Court therefore has the jurisdiction to entertain and try the present petition.
PRAYER
It is, therefore, most respectfully prayed before this Hon'ble Court that, in the abovementioned facts and circumstances of the present case, this Hon'ble Court may be pleased to: -
A. Direct the respondent to pay a sum of Monthly maintenance amount claimed (₹) per month as maintenance to the Petitioner, in the interest of justice.
B. Direct the respondent to pay a sum of Rs. Litigation costs claimed (₹) towards professional charges and legal expenses incurred in contesting the present case.
C. Award the costs of the petition.
D. Pass any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, so as to protect the aggrieved person from being starved for want of maintenance, in the interest of justice.
PETITIONER
VERIFICATION
Verified at Place of verification of the petition on this Date of verification of petition day of Month of verification of petition, Year of verification of petition that the contents of the above petition are true and correct to my knowledge, no part of them is false, and nothing material has been concealed therefrom.
DatePETITIONER
Place of verification of the petitionTHROUGH
COUNSEL
Counsel's name
Office no. Counsel's office number
Mob. Counsel's mobile number
Email- Counsel's email
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, NORTH-EAST DISTRICT, DELHI
MT. PETITION NO. MT petition number /Year
IN THE MATTER OF:
Petitioner's name…PETITIONER
VERSUS
Respondent's name……RESPONDENT
AFFIDAVIT
I, Deponent's name, W/o Deponent's husband's name, R/o H. No. Deponent's house number, the deponent, do hereby solemnly affirm and declare as under: -
1.That the deponent is the Petitioner in the above-mentioned case and has filed the present petition. The deponent is well acquainted with the facts and circumstances of the present case and is therefore competent to swear and sign this affidavit.
2.That the contents of the accompanying petition have been drafted by my counsel, and all the legal averments therein are true and correct to my belief, the same being based on legal advice received and believed to be correct.
3.That I have gone through and understood the contents of the accompanying petition, and I state that the facts stated therein are true and correct to my knowledge.
DEPONENT
VERIFICATION
Verified at New Delhi on this Date of verification of affidavit day of Month of verification of affidavit, Year of verification of affidavit, that the contents of the 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 PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, NORTH-EAST DISTRICT, DELHI
MT. PETITION NOMT petition number/Year
IN THE MATTER OF:
Petitioner's name…PETITIONER
VERSUS
Respondent's name…RESPONDENT
APPLICATION FOR INTERIM MAINTENANCE ON BEHALF OF PETITIONER
MOST RESPECTFULLY SHOWETH:
1.That the Petitioner was married to the Respondent on Date of marriage as per Hindu rites and ceremonies at New Delhi.
2.That the facts and circumstances mentioned in the present petition may be read as part and parcel of the present application, and the same are not being repeated herein for the sake of brevity.
3.That the Petitioner is not employed anywhere and is entirely dependent upon her aged parents. It has become extremely difficult for her to survive in the present circumstances, having no source of income. The Petitioner is not being maintained by the Respondent, and all her efforts in this regard have failed, through no fault of the Petitioner.
4.That the Petitioner owns no immovable or movable assets or bank deposits from which she could derive any income, and the stridhan (jewellery) of the Petitioner is already in the restraint of her in-laws.
5.That the Respondent/husband is employed as Respondent's profession/employment and draws a handsome salary. The Respondent owns agricultural land in his village and derives good income therefrom. It is further submitted that the Respondent also possesses several rental properties and derives a substantial amount as rent therefrom.
6.That the Respondent/husband also owns sufficient movable and immovable properties, and has a share in the property/matrimonial house.
7.That despite having no social liability other than to maintain the Petitioner, the Respondent is not discharging his responsibility. The Petitioner is unable to maintain herself, and the Respondent has wilfully neglected the Petitioner and has failed to maintain her.
8.That the Petitioner, being the legally wedded Hindu wife of the Respondent, is entitled to be maintained by the Respondent/husband.
9.That the Petitioner has all along endeavoured to adjust and stay with the Respondent, but the Respondent tortured her throughout at the behest of the other family members, and after securing employment abandoned the Petitioner for not bringing additional dowry in accordance with their wishes and demands.
10.That the Petitioner is a helpless lady with no source of income and requires maintenance for her livelihood, and there is no efficacious remedy available to her except to file the present application.
11.That the Petitioner requires at least RsInterim maintenance amount claimed (₹)/- per month as interim maintenance with immediate effect. Since the Petitioner is not earning anything and is wholly dependent upon her parents, it is the duty of the Respondent (husband) to provide for the daily expenses of the Petitioner; hence the present application for interim maintenance.
PRAYER
It is, therefore, most respectfully prayed before this Hon'ble Court that this Hon'ble Court, in the above-mentioned facts and circumstances of the present case, may be pleased to: -
I.Direct the Respondent/husband to pay interim maintenance to the Petitioner/wife by way of monthly maintenance pendent elite @ RsMonthly interim maintenance amount claimed (₹)/- per month with effect from the filing of the petition, till the final maintenance order is passed by this Hon'ble Court.
II.Grant any other relief/order as may be deemed fit and proper in the peculiar facts and circumstances of the case, in favour of the Petitioner.
Petitioner
VERIFICATION
Verified at New Delhi on this Date of verification of interim application day of Month of verification of interim application, Year of verification of interim application, that the contents of the above application are true and correct to my knowledge. No part of it is false, and nothing material has been concealed therefrom.
DATE-PETITIONER
New DelhiTHROUGH
COUNSEL
Law firm name & ASSOCIATES
Office no. Law firm office number
Mob. Law firm mobile number
Email- Law firm email
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, NORTH-EAST DISTRICT, DELHI
MT. PETITION NOMT petition number/Year
IN THE MATTER OF:
Petitioner's name…PETITIONER
VERSUS
Respondent's name…RESPONDENT
AFFIDAVIT
I, Deponent's name, W/o Deponent's husband's name, R/o H. No. Deponent's house number, the deponent, do hereby solemnly affirm and declare as under:
1.That the deponent is the applicant in the above-mentioned case and has filed the present application. The deponent is well acquainted with the facts and circumstances of the present case and is therefore competent to swear and sign this affidavit.
2.That the contents of the accompanying application have been drafted by the counsel for the applicant, and all the legal averments therein are true and correct to the belief of the applicant, the same being based on legal advice received and believed to be correct.
3.That the applicant has gone through and understood the contents of the accompanying application, and states that the facts stated therein are true and correct to the best of her knowledge.
DEPONENT
VERIFICATION
Verified at New Delhi on this Date of verification of affidavit day of Month of verification of affidavit, Year of verification of affidavit, that the contents of the 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 PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, NORTH-EAST DISTRICT, DELHI
MT. PETITION NOMT petition number/Year
IN THE MATTER OF:
Petitioner's name…PETITIONER
VERSUS
Respondent's name…RESPONDENT
LIST OF WITNESSES
1.
2.
3.
4.
5.
DATEPETITIONER
New DelhiTHROUGH
COUNSEL
Law firm name & ASSOCIATES
Office no. Law firm office number
Mob. Law firm mobile number
Email- Law firm email
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, NORTH-EAST DISTRICT, DELHI
MT. PETITION NOMT petition number/Year
IN THE MATTER OF:
Petitioner's name…PETITIONER
VERSUS
Respondent's name…RESPONDENT
LIST OF DOCUMENTS
| S NO | PARTICULARS | PAGE NO |
|---|---|---|
| 1. | Original copy of marriage photographs and marriage card |
| 2. | Copy of written admission on stamp paper by the Respondent |
| 3. | Copy of bank statement of the Petitioner |
| 4. | Copy of I.D. proof of the Petitioner |
DATEPETITIONER
New DelhiTHROUGH
COUNSEL
Law firm name & ASSOCIATES
Office no. Law firm office number
Mob. Law firm mobile number
Email- Law firm email