Petition under Section 125 CrPC for maintenance with interim maintenance application and affidavit
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IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
MAINTENANCE PETITION NO. Maintenance petition number OF 2016
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
I N D E X
S.NO.PARTICULARS / PAGES
1.MEMO OF PARTIES.
2.PETITION UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE FOR MAINTENANCE, WITH AFFIDAVIT.
3.APPLICATION UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE FOR INTERIM MAINTENANCE, WITH AFFIDAVIT.
4.LIST OF DOCUMENTS.
6.VAKALATNAMA.
DELHIPETITIONER
THROUGH
DATED
Date of signing
ADVOCATE
Advocate's name and address,
Advocate's address.
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
MAINTENANCE PETITION NO. Maintenance petition number OF 2016
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
MEMO OF PARTIES
Petitioner's name
Add: Petitioner's address: PETITIONER
VERSUS
Respondent's name
Add: Respondent's address: RESPONDENT
DELHIPETITIONER
THROUGH
DATED
Date of signing
ADVOCATE
Advocate's name and address,
Advocate's address.
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
MAINTENANCE PETITION NO. Maintenance petition number OF 2016
IN THE MATTER OF :-
Petitioner's name
Add: Petitioner's address: PETITIONER
VERSUS
Respondent's name
Add: Respondent's address: RESPONDENT
PETITION ON BEHALF OF THE PETITIONER FOR MAINTENANCE UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE
MOST RESPECTFULLY SHOWETH:-
1.That Mrs. Petitioner's name ("the Petitioner") was married to Respondent's name ("the Respondent") on Marriage date of the petitioner and respondent and is presently residing at Petitioner's current residence along with the Respondent and her two children. The Petitioner holds a post-graduate degree in Commerce and, at the time of her marriage, had several job opportunities available to her. However, the Respondent and his family members strongly objected to the very idea of a working woman, and therefore the Petitioner was never permitted to take up any employment.
2.That the Petitioner has been neglected by the Respondent, who has refused to maintain her and has subjected her to physical and mental cruelty, as a result of which the Petitioner has been thrown out of the matrimonial home without her clothes and other articles of stridhan belonging to her, and the Respondent has not provided her with any shelter.
2.That the Respondent, despite having sufficient means, has deliberately and intentionally neglected to maintain the Petitioner and her children. The Respondent is a man of means, and notwithstanding the physical and mental cruelty caused to the Petitioner, he has made no arrangement for their maintenance. The Petitioner is unable to maintain herself and is in a state of distress.
3.That the Respondent has been working as a Doctor with the Hospital where respondent works in the NFSG (Non-Functional Selection Grade) at Place of respondent's posting. The Respondent is at present drawing a salary of more than ₹Respondent's monthly salary (₹) per month, together with other benefits, from the hospital. The Respondent is also the owner of a property comprising a Ground Floor and a First Floor. The Respondent has let out the Ground Floor of the said property and is earning more than ₹Respondent's monthly rental income (₹)/- per month as rental income, apart from his other incomes.
4.It is pertinent to mention that the Petitioner, despite being the legally wedded wife of the Respondent, has been denied all necessities and comforts by the Respondent. The Petitioner has been deprived of all the pleasures of married life. Till date, the Respondent has never shared with the Petitioner any details pertaining to his finances, salary or his other multiple sources of income. For the last 3 (three) years, the Respondent has stopped cohabiting with the Petitioner and has deprived her of all the marital rights of a wife.
5.That the Respondent has been an alcoholic for most of his life; however, during the last 2–3 years, his habit of alcoholism has risen to an all-time high. The Respondent is a heavy drinker and consumes alcohol on a daily basis, starting as soon as he reaches home every evening. Every day, the Respondent consumes approximately a bottle of liquor. After consuming alcohol, the Respondent not only hurls abuse at the Petitioner but also threatens the Petitioner and the children with dire consequences.
6.That the Respondent has made the Petitioner financially dependent upon him, since, despite her meritorious academic background, the Respondent never allowed the Petitioner to work and develop an independent source of earning. The Petitioner has been seriously deprived of the necessities of life, and for more than 4 (four) months in the past, the Respondent has not contributed even the basic minimum amount required to meet the household expenses. It is trite to mention that at present the Respondent is the only earning member of the family, as both the children are struggling to make ends meet and to somehow complete their qualifications. The Respondent, in complete disregard of his obligations and responsibilities towards the Petitioner and the children, is living a life according to his own whims and fancies.
7.It is trite to mention that around Year the petitioner was compelled to leave the shared household, owing to the Respondent's habits of alcoholism and his violent behaviour, the Petitioner was compelled to leave the shared household. As the Petitioner was not receiving any monetary aid from the Respondent, she secured a modest job in order to sustain her day-to-day expenses and to support her children. The Petitioner was able to secure the said job only after sustained efforts, as no employer was willing to employ her on account of her age. However, upon the timely intervention of relatives, the Respondent pleaded guilty and sought forgiveness from the Petitioner, and assured her that he would not consume alcohol and would adequately take care of the expenses and financial needs of the Petitioner and her children. The Respondent gave the aforesaid assurance subject to the condition that the Petitioner would not join any employment; the Petitioner, in order to maintain peace and comity in the family, accepted the condition put forth by the Respondent and left her job.
8.That during the last four months, the Petitioner approached the Respondent on several occasions for the release of the basic minimum monetary contribution required to meet the day-to-day expenses of the household and to maintain herself. Instead of responding to the Petitioner's concern, the Respondent, on every such occasion, reacted furiously and threatened the Petitioner with dire consequences in the following words:
*"Quoted threat by respondent"
"Quoted threat by respondent"*
9.That the aggressive behaviour of the Respondent is not confined to hurling abuses at the Petitioner and her children; the Respondent also turns physically violent towards the Petitioner and the children.
10.It is pertinent to mention that the Respondent and his family members always dissuaded the Petitioner from taking up any work, as prior to the marriage the Respondent had continuously assured her that he would take care of her financial and monetary requirements. However, after the marriage of the Petitioner with the Respondent, the Petitioner was kept hand-to-mouth by the Respondent.
11.That the Petitioner is a patient of diabetes and low blood pressure and requires medicines on a daily basis. The Petitioner, being the legally wedded wife of the Respondent, is also entitled to free medicines, as the Respondent is employed as an ESI doctor. Despite the fact that the Respondent would incur no financial cost in procuring the Petitioner's medicines, the Respondent remains reluctant to provide the requisite medicines to the Petitioner.
12.That the children have suffered immensely on account of the ill-treatment meted out to them by the Respondent. That the Respondent has never acted as a responsible father towards the children. That although the Respondent is a man of means with multiple sources of income, he has refused to fund the future educational needs of the children. That the Respondent has also refused to provide for the basic day-to-day expenses of the children, all of which has gravely affected the psyche of the children. That the Respondent, after consuming alcohol, not only misbehaves with the children but also hurls abuses at them.
13.That for the last six months, the Petitioner has been surviving on the contributions and help of her brother and other relatives. It is pertinent to mention that the Respondent, owing to his whims and fancies, never permitted the Petitioner to maintain a relationship with her brother and other relatives. However, despite the obnoxious behaviour of the Respondent towards the Petitioner's family members, the Petitioner was able to survive the hardships only due to the financial and moral support extended by her brother and relatives. That at present, even the brother and relatives of the Petitioner have expressed their inability to support her any further. The Petitioner is, therefore, compelled to approach this Hon'ble Court.
14.That the Petitioner has not only been neglected but the Respondent has also refused to maintain her. The aforesaid acts of neglect and cruelty have left a deep impact upon the psyche of the Petitioner, and the constant neglect and repeated acts of cruelty have led to the development of suicidal tendencies in the Petitioner.
15.That the Applicant is an aggrieved person who has been in a domestic relationship with the Respondent and has been subjected to acts of domestic violence committed by the Respondent.
16.That the Respondent has committed acts of domestic violence by harming, injuring and endangering the health, safety and life of the Applicant, and has deprived the Applicant of the economic and financial resources to which she is entitled as of right as the legally wedded wife of the Respondent.
17.That the Petitioner is moving a separate complaint under Section 406/498-A of the IPC against the Respondent on account of the various unlawful acts committed by him during her stay at the matrimonial home, wherein all details of the cruelties committed by him, in addition to the aforesaid incidents, shall be set out.
18.That the Respondent, out of the income earned from his aforesaid profession and other businesses, has acquired the following assets, which are within the knowledge of the Petitioner: -
(i)Respondent's property in Noida.
(ii)Respondent's other asset
(iii)Besides the aforesaid assets, the Respondent also owns Respondent's other assets, F.D.Rs., Bank Accounts etc.
(iv)That the Respondent holds a substantial amount in F.D.Rs., in addition to a handsome bank balance in the accounts maintained with the Bank where accounts are held.
19.That the Petitioner is without any income or source of income and is residing on the first floor of the property, in a separate room, under a constant fear for her life and safety. That the Petitioner is entitled to live in the same lifestyle as per the status of the Respondent, and the children require the same degree of comfort as they would enjoy in the Respondent's home.
20.That the cause of action accrued in favour of the Applicant and against the Respondent on different occasions when the Applicant suffered atrocities at the hands of the Respondent, when the Respondent threatened to oust the Applicant from her matrimonial home, when the Respondent refused to keep the Applicant in the matrimonial home, and when the Respondent threatened the Applicant and her family members with dire consequences. That the cause of action is still a continuing one.
21.That the Respondent is a man of means, working as a Doctor with the Hospital where respondent works hospital in the NFSG (Non-Functional Selection Grade) at the Dispensary of respondent's posting dispensary, and is earning Rs. Respondent's monthly salary (₹)/- per month. That the Petitioner is entitled to a life of the same status, for which she requires Rs. Monthly maintenance amount claimed (₹)/- per month towards food, clothing, medicine, and towards the maintenance and education, books and clothing of the children. Besides this, the Petitioner requires Rs. Advocate's fee claimed (₹)/- as fees for the Advocate to provide her with legal help and guidance.
22.That the Respondent has deprived the Petitioner of his matrimonial company and society without any just or reasonable excuse.
23.That the Petitioner is fully dependent upon the children of the parties for their day-to-day needs and requirements.
24.That the Applicant, along with her children, is presently residing at her shared household within the jurisdiction of Police Station Police station of shared household. Therefore, this Hon'ble Court has jurisdiction to try and decide the present complaint.
25.That the Applicant, due to the acts of domestic violence committed by the Respondent, has been constrained to present the present application before this Hon'ble Court.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present application and to pass the following orders: -
A.Direct the Respondent to pay an amount of Rs. Monthly maintenance amount claimed (₹)/- per month as maintenance to the Petitioner for maintaining herself and her children, and Rs. Litigation cost claimed (₹)/- as litigation costs to the Petitioner.
B.Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the Petitioner and against the Respondent, in order to meet the ends of justice.
PETITIONER
Place of filingTHROUGH
DATED:
Date of signing
ADVOCATE
Advocate's name and address,
Advocate's address.
VERIFICATION :-
The Petitioner above named states on solemn affirmation that the contents of paragraphs 1 to Last paragraph number true to knowledge of the above petition are true to my knowledge, and that the contents of paragraphs First paragraph number on information and advice to Last paragraph number on information and advice are true upon information and legal advice received and believed by me to be correct. The last paragraph is the prayer to this Hon'ble Court.
Verified at Place of verification on this Date of verification day of Month and year of verification.
PETITIONER
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
MT. PETITION NO. Maintenance petition number OF Year of the maintenance petition.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Deponent's name, who do hereby solemnly affirm and declare as under: -
1.That I am the Petitioner in the above-mentioned case, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the contents of the accompanying petition under Section 125 of the Cr.P.C. have been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and understood by me. Having fully understood the same, I state that the facts stated therein are true and correct to my knowledge.
3.That the facts stated in the accompanying petition may kindly be read as part and parcel of the present affidavit, as the contents thereof have not been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at Place of verification on this Date of affidavit verification day of Month and year of verification that the contents of the above affidavit are true and correct to my knowledge, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
MT. PETITION NO. Maintenance petition number OF Year of the maintenance petition.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
APPLICATION UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE FOR GRANT OF INTERIM MAINTENANCE TO THE PETITIONER.
MOST RESPECTFULLY SHOWETH: -
1.That the petitioner has filed the annexed petition under section 125 of the Code of Criminal Procedure, 1973 seeking maintenance from the respondent, and the said petition is pending disposal before this Hon'ble Court.
2.That the contents of the said petition may be read as part and parcel of the present application. The said contents have not been reproduced herein for the sake of brevity, and the applicant craves leave to refer to the same at the time of arguments.
3.That the respondent has deprived the petitioner of her matrimonial company and society without any just or reasonable excuse.
4.That the petitioner is fully dependent upon her relatives for her day-to-day needs and requirements.
5.That the respondent is a man of means and status and has various sources of income. The respondent has no other liability towards any of his family members, as stated above.
6.That the petitioner is a housewife and has no independent source of income. The respondent is regularly threatening to oust the petitioner and her children from the shared household.
7.That the respondent is a man of means, working as a Respondent's occupation with the Hospital where respondent works hospital in the Respondent's service grade at Dispensary of respondent's posting, City of respondent's posting, and is earning Rs. Respondent's monthly salary (₹)/- per month. In keeping with the respondent's status, the petitioner requires Rs. Monthly maintenance amount claimed (₹)/- per month for food, clothing, medicines, and for the maintenance, education, books and clothing of the children. In addition, the petitioner requires Rs. Advocate's fee claimed (₹)/- as fees for the advocate to provide her legal assistance and guidance.
8.That the respondent has deprived the petitioner of her matrimonial company and society without any just or reasonable excuse.
9.That the petitioner and the children of the petitioner are fully dependent upon the respondent for their day-to-day needs and requirements.
10.That the petitioners have a prima facie good case, and the balance of convenience also lies heavily in their favour. If the interim maintenance as prayed for is not granted in favour of the petitioners, the petitioners shall suffer great irreparable loss and injury in the event the interim reliefs are not granted to the petitioner.
P R A Y E R
It is, therefore, most respectfully prayed that the present application may be allowed and the respondent may be directed to pay an amount of Rs. Monthly maintenance amount claimed (₹)/- per month as maintenance to the petitioner for maintaining herself and her children, along with Rs. Litigation cost claimed (₹)/- towards litigation costs, in the interest of justice.
Such further orders may also be passed as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
It is prayed accordingly.
DELHIPETITIONER
THROUGH
DATED: Date of signing
ADVOCATE
Advocate's name and address,
Advocate's address.
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
MT. PETITION NO. Maintenance petition number/Year of filing of the maintenance petition
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Deponent's name, who does hereby solemnly affirm and declare as under:
1.That I am the petitioner in the above-mentioned case, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the contents of the accompanying application under section 125 of the Code of Criminal Procedure, 1973 have been drafted by my counsel as per my instructions. The contents thereof have been duly read and understood by me, and after fully understanding the same, I hereby state that the facts stated therein are true and correct to my knowledge.
3.That the facts stated in the said application may kindly be read as part and parcel of the present affidavit as well, as the contents thereof have not been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at Delhi on this Date of affididavit verification placeholder day of Month and year of verification of affidavit, that the contents of the above affidavit are true and correct to my knowledge, and nothing material has been concealed therefrom.
DEPONENT