SUIT FOR RECOVERY

MT. PETITION NO._____/2021

     IN THE MATTER OF: -

     XXXX …PETITIONER

     XXXX ...RESPONDENT

INDEX

NEW DELHI PETITIONER

DATED THROUGH

      COUNSEL

      XXX

      Office no- XXXX

      Mob. XXXXXXX

      Email- XXXXXXXX

MT. PETITION NO………../20XX

     IN THE MATTER OF:

     XXX …PETITIONER VERSUS

     XXX ....RESPONDENT

XXX

W/o XXXX

 D/o XXX

 R/o-H-F-XXXXXXX ……. Petitioner

XXX

S/o XXXX

R/o- H. No. XXXXXX ….Respondent

DELHI PETITIONER

DATED - THROUGH

      COUNSEL

      Office no. XXXXXX

      Mob. XXXXXXX

      Email- XXXXXXXXX

MT. PETITION NO………../20XX

     IN THE MATTER OF:

     XXX …PETITIONER

     XXX ....RESPONDENT

PETITION U/S 125 Cr.P.C ON BEHALF OF THE PETITIONER

1. That the Petitioner is a law-abiding citizen of India and has full faith in the law administration system. That the marriage between petitioner & respondent was solemnized on 0X/0X/20XX, according to Hindu rites and customs at __________. The copy of the Marriage card and the photographs as annexed herewith as Annexure- A.

2. That the Petitioner and respondent were Hindu at the time of solemnization of their marriage and they continue to profess the same religion till the date of filing the present petition.

3. That right from the inception of marriage and till the time of filing of this petition, the respondent has treated the petitioner with utmost cruelty and not maintaining her and liable to pay maintenance under Section 125 of code of criminal procedure (Cr.PC) 1973.

4. That the respondent since beginning of the marriage treated the petitioner with utmost cruelty (as described in detail in the below paragraphs) which includes but not restricted to utter humiliation, which the petitioner has received at the hands of respondent on different occasions. The petitioner further has cogent reasons/evidences, which would clearly show/prove that the respondent has after the solemnization of her marriage with the petitioner, treated the petitioner with utmost cruelty.

1. That the marriage between the parties was an arranged marriage and the petitioner had dreamt of having a happy married life with his spouse, but all the dreams of a happy matrimonial life with the respondent shattered when the petitioner was welcomed very cold-heartedly by the respondent’s family, the respondent further said that the Petitioner’s family did not bring the dowry as per the expectations and status of the respondent’s family.

2. That the father of the petitioner spent handsome amount while organising the marriage function. The petitioner’s father spent out of his capacity to fulfil the demands of respondent and his family members. The petitioner’s father fulfilled all the demands of respondent and his family, various gifts and dowry articles including jewellery and other items were given to respondent and other relatives.

3. That the father of the petitioner had spent more than his capacity on the marriage along with the dowry. The petitioner has suffered from lots of mental as well as physical trauma resulting in the petitioner could be involuntarily departed from her matrimonial home.

4. That the petitioner did not leave her matrimonial home despite suffering from utmost cruelties on her, the respondent played a stratagem and manipulated the petitioner by giving her a suggestion to get out of these poisonous and unsafe surroundings and for a few days the petitioner should stay at her parental home. That the respondent further said that “TU GHAR MEI JHOOTH BOL KAR CHALI JA KI TUJHE APNI B.A FINAL YEAR KI FILE PURI KARNI HAI OR JAB YANHA SAB THIK HO JAYEGA TOH MEI TUJHE LAENE AA JAUNGA”. That the respondent pledged to bring the petitioner back to her matrimonial home when everything would be normal and safe.

5. That it is further stated that the petitioner started living at her paternal home involuntarily, the respondent started avoiding her phone calls and whenever the respondent answered the phone call, he would start shouting and assert baseless allegations that the petitioner is responsible for the toxic environment of her matrimonial home and abused her or disconnect the phone call.

6.                   That the same state of affairs pursued till 0X.0X.20XX and when the petitioner made a phone call to the respondent on 0X.0X.20XX. During the phone call conversation, the respondent started giving false excuse and said that he has been abandoned from his house and now he is living separately in rented accommodation and it is further submitted that the petitioner continuously made an effort for a successful and bright married life but Petitioner never showed any interest or put any efforts. during the phone call the petitioner continuously approached and voluntarily wanted to reside with respondent. That the respondent further said that **_“MUJHE TUJHE APNE SATH NAHI RAKHNA OR AB TOH MERI POLICE MEI NAUKARI LAG GAYI HAI AB TU MERE LAYAK NAHI RAHI OR MUJHE PHONE KARNE KI JARURAT NAHI HAI”_** Thereafter the respondent started avoiding phone calls of the petitioner.
   

7.                   That on 0X.0X.20XX the petitioner herself reached her matrimonial home but the respondent’s parents did not open the gate of the house and started shouting from inside the house that **_“MERA BETA UTTAR PRADESH POLICE ME BHARTI HO GYA HAI AB AGAR TUM 5 LAKH NAGAD AUR GAADI FOUR WHEELER LA SAKATI HO TO IS GHAR KE DARWAJE TUMHARE LIYE KHUL JAYENGE NAHI TO YE DARWAJA HAMESHA KE LIYE BAND HAI AUR AGAR TUM POLICE SE JABARDASTI GHAR ME AOGI TO HUM TUMHE NAUKRANI BNAKAR RAKHENGE”_**  the petitioner left with no other option despite of making a phone call to the police station. That after reaching of police official at Petitioner's matrimonial home officials requested the respondent’s parents for opening the main gate of the house but they did not come out. The police official decided on XX-0X-20XX for settlement between the petitioner and respondent and his family.
   

8.                   That on XX.0X.20XX PANCHAYAT was held and the respondent himself voluntary admitted in PANCHAYAT that respondent and Petitioner would stay together in rented accommodation i.e. address at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. That it is further submitted the respondent made the life of the petitioner like a nightmare from XX.0X.20XX till 0X.XX.20XX. That the respondent used to abuse and assault her. The respondent clicked nude pictures of the Petitioner and forced her into unnatural sex. It is pertinent to mention that the respondent threatened the Petitioner with acid & blade attack on her face if Petitioner did not fulfill all his erotic/sexual desires or did not go back to her parental home.
   

9.                   That the respondent was selected for UP Police and according to the parameters training is mandatory before getting posted as police official therefore the Petitioner requested him to leave her at her matrimonial house during his training period, all her clothes, ornaments and other basic necessary items were at her matrimonial home and she feel unsafe while staying alone in rented accommodation but the respondent clearly refused to do so. That on 0X.X.20XX the respondent took other rented room for the Petitioner to stay there during his training period and promised her father that he would take the Petitioner back when he returned from his training.
   

10.                   That it is pertinent to mention here that in PANCHAYAT the respondent was asked to open a joint bank account therefore he opened a joint bank account in the Central Bank of India with the Petitioner and deposited Rs. \_\_\_\_\_\_ and the respondent further signed written commitment that he would deposit monthly expenses of petitioner of Rs. \_\_\_\_\_\_\_ in the joint bank account for the expenses of Petitioner. That the respondent failed to deposit money for the monthly expenses of the petitioner as promised by him in the written commitment.  The Copy of the duly signed written commitment of the respondent is annexed herewith as **ANNEXURE-B.**
    

11.                   That on 0X.XX.20XX the respondent left for his police official training and since then the respondent never answered the phone call of Petitioner. It is further submitted that after 20 days the respondent visited Petitioner’s rented accommodation and forcefully made a physical relationship with her against her wish and returned back to the training camp in the morning. It is further submitted that again respondent stop answering the phone calls and whenever he answered the phone calls, the respondent put baseless allegations, abuse her over the phone calls, and threatens to commit suicide to falsely implicate the Petitioner. It is also pertinent to mention here that now the respondent has stopped depositing any monthly expense to the Petitioner in the account. The copy of the bank statement of the Petitioner is annexed herewith as **ANNEXURE-C.**
    

12.                   That on XX.XX.20XX the Petitioner received the Divorce paper sent by the respondent. The Petitioner felt humiliated as her life has become meaningless and now is forced to live in solidarity being dependent on her old and poor parents in this present pandemic situation. Being aggrieved the Petitioner approached the police officials to register her Petitioner but no course of action was taken against the respondent. The Copy of the duly signed written complaint of the respondent is annexed herewith as **ANNEXURE-D.**
    

13.                   The Petitioner had really gone to a drastic mental trauma and her life has become hell since the beginning of her marriage, the respondent faced utmost humiliation, cruelty, physical abuse, mental torture, and allegations. Resultant the respondent got mentally sick day to day due to the inhuman behavior of the respondent and his family.
    

14.                   That the respondent had very careless and irresponsible attitude towards his personal relationship with the Petitioner. The respondent never perform his husbandly duties, he only abused and tortured the Petitioner without any reason which was a complete mental and physical trauma for her. The respondent bear the expenses even the doctor expenses of Petitioner. On every alternate day on one pretext or the other the respondent pressurised the Petitioner to leave him by giving her mental torture and showing his disrespectful behaviour but when he didn’t succeeded in this, he played a well calculated trick to throw out the Petitioner from his life. 
    

15.                   That the Petitioner was in the hope that one day the situation would get normalise and the respondent would take her back at her matrimonial home but the attitude and behaviour of the respondent did not improve at all and his behaviour became inadequate day by day. The Petitioner was ill-treated and put through extremely grave and inhabitable circumstances by her husband, she was abused, put into torturous state of affairs, got harassed, continuously rebuked, and physically as well as mentally tortured, and ultimately to her utter surprise she received divorce paper from the respondent.
    

16.                   That for the purposes of fetching more and more dowry and other related items because the respondent has been selected in UP Police, the Petitioner was left abandoned by the respondent and his family. It is pertinent to mention here that due to the extreme unpleasant treatment and not being given any monthly allowances to the Petitioner, the Petitioner had to leave her rented accommodation and became dependent on her old aged parents. It is further submitted that the dowry articles, marriage gift article and stridhan articles, are at Petitioner matrimonial home which were entrusted to them and they were having domain and control on the same, despite demands for the return of the same by the Petitioner. Thus, all of them have committed the offence under various provision of law.
    

17.                   That the Petitioner became the victim of the mental and physical tortures made upon her by respondent on account of non-fulfilment of his illicit demands and moreover a fraud and breach of trust is committed upon her by respondent.
    

18.                   That the respondent has been working as constable in UP Police and taking a handsome salary but the Petitioner is totally helpless having left with no option but to become dependent on her old and poor parents. That the respondent owns many agricultural lands in his village and receives good income from there. Further to mention that the respondent also possesses many rental properties and getting handsome amount from the rent. That the father of the respondent is working and getting sufficient income for his survival. That, in spite of having no social liability except 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. It is submitted here that the respondent left the Petitioner abandoned and said that he would soon remarry.
    

19.                   That the Petitioner is residing at her parent’s home and facing hardship to maintain herself as she is having no source of income to fulfill all her necessities of life. The Petitioner is not working and her husband owes a duty to maintain her but failed to do so instead the Petitioner is totally dependent on her old and poor parents who are not working. The copy of the Adhaar card of the Petitioner is annexed herewith as **ANNEXURE-E.**
    

20.                   That the Petitioner is residing in Delhi from the date when she was left abandoned by the Respondent and the Petitioner is also residing within the territorial jurisdiction of this Hon’ble Court. Hence this Hon’ble Court has the power to entertain and try the present petition.
    

It is therefore most respectfully prayed before this Hon’ble Court that this Hon’ble Court in the abovementioned fact and circumstances of the present case may be pleased to: -

A. Direct the respondent to pay a sum of …………monthly maintenance to the petitioner in the interest of justice.

B. Direct the respondent to pay a sum of Rs………being the professional charges and the legal expenses to contest the case.

C. Cost of the petition is also awarded.

D. Pass any other orders as deems fit and proper under the given facts and circumstances of the case for protecting the aggrieved person from being starved due to the lack of maintenance in the interest of justice.

      PETITIONER

Verified at New Delhi on this __ day of __, 20XX that the content of the above petition is true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.

Date: PETITIONER

New Delhi THROUGH

      COUNSEL

      XXXX

      Office no. XXXXXX

      Mob. XXXXXXX

      Email- XXXXXX

MT. PETITION NO…XX /20XX

IN THE MATTER OF:

XXXX …PETITIONER

XXXX ...…RESPONDENT

I, XXX, W/o XXXX R/o-H. No.- ______________________ the deponent, do hereby solemnly affirm and declare as under: -

1. That the deponent is the Petitioner in the abovementioned case, filing the present petition, and well conversant with the facts and circumstances of the present case hence, competent to sign this affidavit.

2. That the content of the accompanying petition is drafted by my counsel and all the legal averments are true and correct to my belief which is based on legal advice rendered and believed to be correct

3. That I have gone through and understood the contents of the same, I say that the facts stated therein are true and correct to my knowledge.

DEPONENT

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

DEPONENT

MT. PETITION NO……/20XX

      IN THE MATTER OF:

XXX …PETITIONER

XXX …RESPONDENT

APPLICATION FOR INTERIM MAINTENANCE ON BEHALF OF PETITIONER

1. That the Petitioner was married with the respondent on 0X.X.20XX as per Hindu Rites and ceremonies at New Delhi.

2. That the facts and the circumstances mentioned in the present petition can be read as a part and parcel of this present application and the same is not being repeated here for the sake of brevity.

3. That the Petitioner is not working anywhere, therefore she has totally become dependent upon her old aged parents. That it has become is very hard to survive for her in this critical situation having no source of income. The Petitioner is not being maintained by the respondent and all her efforts in this regard have failed for no fault on the Petitioner’s part.

4. That the Petitioner owes no immovable or movable assets and bank deposits to fetch any income and the stridhan (jewellery) of the Petitioner is already restrained by the in laws of Petitioner.

5. That the respondent/husband is working as a constable in UP Police and taking very handsome salary. That the respondent owns many agricultural lands in his village and receiving good income from there. Further to mention that the respondent also possesses many rental properties and getting handsome amount from the rent.

6. That the respondent/husband also owns sufficient movable and immovable properties and also having share in the property/matrimonial house.

7. That in spite of having no social liability except 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 a legally wedded Hindu wife of the respondent is entitled to get maintained by the respondent/husband.

9. That the Petitioner has all along tried to adjust and stay with the respondent but the respondent tortured her all along on the behest of other family members, and after getting selected in UP Police abandoned the Petitioner for not bringing additional dowry as per their wish & demands.

10.                   That the Petitioner is a helpless lady and has no source of income and required maintenance for her livelihood and there is no efficacious remedy except to file the present suit.
    

11.                   That the Petitioner needs at least Rs………/- per month as interim maintenance with immediate effect and since the Petitioner is not doing anything and is totally dependent upon her parents and it is the duty of the respondent (husband) to give the daily expense to the Petitioner, hence filing this application for interim maintenance.
    

      It is therefore most respectfully prayed before this Hon’ble Court that this Hon’ble Court in the abovementioned fact and circumstances of the present case may be pleased to: -

      I. To direct the respondent/husband to pay interim maintenance to the petitioner/wife a monthly maintenance pendent-elite @ Rs..../- per month w.e.f the filing of the petition till the final maintenance order grant by this hon’ble court.

  II. Any other relief/order deemed fit and proper under the peculiar facts and circumstances of the case may also be awarded to the petitioner.

      Petitioner

Verified at New Delhi on this __ day of __, 20XX that the content of the above application is true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.

DATE- PETITIONER

New Delhi THROUGH

COUNSEL

 XXXXX & ASSOCIATES

 Office no. XXXXXXX,

 Mob. XXXXXXX

Email- XXXXXX

MT. PETITION NO………../20XX

      IN THE MATTER OF:

      XXXX …PETITIONER

      XXXX ….RESPONDENT

  

I, XXX, W/o XXX R/o- H. No.- _____________ the deponent, do hereby solemnly affirm and declare as under:

1. That the deponent is the applicant in the abovementioned case, filing the present application, and well conversant with the facts and circumstances of the present case hence, competent to sign this affidavit.

2. That the content of the accompanying application is drafted by counsel of applicant and all the legal averments are true and correct to belief of applicant which is based on legal advice rendered and believed to be correct.

3. That the applicant has gone through and understood the contents of the same, and say that the facts stated therein are true and correct to best of her knowledge.

DEPONENT

Verified at New Delhi on this __ day of __, 20XX that the content of the above affidavit is true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.

      DEPONENT

  

  

MT. PETITION NO………../20XX

      IN THE MATTER OF:

   XXX …PETITIONER

    XXX ..….RESPONDENT

  

  

  

LIST OF WITNESS

1.

2.

3.

4.

5.

DATE: PETITIONER

New Delhi THROUGH

      COUNSEL

  XXXXXXX & ASSOCIATES

  Office no. XXXXXXXX

 Mob. XXXXXXX

Email- XXXXX

  

MT. PETITION NO………../20XX

      IN THE MATTER OF:

      XXXX …PETITIONER

      XXXX ….RESPONDENT

LIST OF DOCUMENTS

DATE: PETITIONER

New Delhi THROUGH

      COUNSEL

  XXXXXX & ASSOCIATES

Office no - XXXX

 Mob. XXXXX

Email- XXXXXXX