IN THE HON’BLE COURT OF SH. ………., LD.

PRINCIPAL JUDGE

FAMILY COURT, …………COURTS, ……….

CC No………….

IN THE MATTER OF:

…………………………….. & …… ....Petitioners

Versus

………………… ...Respondent

APPLICATION U/S 127 OF THE CODE OF CRIMINAL PROCEDURE,

1973 FOR ALTERATION IN INTERIM ALLOWENCE

MOST RESPECTFULLY SHOWETH:

1. That the petitioners are filing this application for enhancement of interim
maintenance passed by this Hon’ble Court and this Hon’ble Court was
pleased to pass an order in the above mentioned case on …………… in CC
No. ………….…

2. That the brief facts leading to this matrimonial dispute are as followed:-

The Petitioner No.1 and the Respondent No. 1 were married on …………….
according to Hindu rights and ceremony. However, the marital alliance was
constantly stricken with instances of cruelty and other unsavoury
treatment by the Respondent and his family members, the details of which
have been placed in the cognizance of this Hon’ble Court in the main
petition as well as the rejoinder filed by the Petitioners. On ……………the
might of ill treatment to the Petitioner Nos. 1 & 2 surmounted to an
unbearable and unfathomable level and they were thrown out from the
matrimonial home forcibly by the Respondent and his family members and
 never been allowed back since then. Consequently, the Petitioners are
constrained live separately till date.

3. That the Petitioners filed an application for interim maintenance u/s

second proviso to section 125(1) of Cr.P.C Upon this application this
Hon’ble Court was pleased to pass an order dated-………. wherein no
interim maintenance were awarded to the Petitioner No.1 and INR ………….
was awarded as monthly maintenance to Petitioner No.2.

4. That the above stated order was premised on the basis of the
incorrect/false information given by Respondent before this Hon’ble Court
that the respondent is unemployed at the of filing the reply and filing the
income affidavit before this Hon’ble Court but the same was not true and
the actual income was concealed by the respondent from this Hon’ble Court
and furnish all false/incorrect information to mislead this Hon’ble Court
by deliberate concealment and active mis-statement of material fact as to
his employment status. The Provident Fund account ledger (digital copy
obtained from EPFO annexed herein as ‘Annexure-A’) corresponding to
Respondent shows that his employment status is ‘Active’ with………….. and
EPF is regularly deposited into his account. In fact the Respondent in a
manner amounting to perjury has stated in his income affidavit as well as
in his written statement that he remains unemployed. He has deliberately
and dishonestly withheld the fact that he has joined beneficial employment
of …………. Company after his termination from ………….., with nefarious
intent of avoiding responsibility of paying any maintenance lawfully due to
the Petitioners.
5. That the Respondent is employed with …………. with a monthly salary of
……………. (Rupees Sixty Thousand only). However, the impugned order
was passed on the assumption that the Respondent was unemployed and
his earning capacity was assumed equivalent the amount notified under
the Minimum Wages Act i.e. INR 18,492/- per month. Moreover, in view of
this fact the very basis of denial of interim maintenance to the Petitioner
No. 1 i.e. she earns more than Respondent goes completely defenestrated
and as such deserves alteration.

6. That the Order passed by this Hon’ble Court dt.-………. is upon concealed
facts and as such may be altered/modified in the interest of justice.

7. The present application is made bona fide and in the interest of justice.

PRAYER

In view of the above facts and circumstances it is respectfully prayed that

the Hon’ble Court be pleased:

1. To alter/modify its order dt……….. in CC No. …………

2. Award interim maintenance of ……….. per month for Petitioner No. 1

and ……….. per month for Petitioner No. 2 from the date of filing of the
original petition for interim maintenance till the date of final disposal of
the petition.

And/or pass any other order(s) as deemed fit and proper in the interest of
justice.

Petitioner No. 1
Through
Date:
…………… …………………….