PETITION BY WIFE UNDER SECTION 125, CR PC FOR MAINTENANCE

In the Court of.................... Judicial Magistrate No.

Case No. ........... under s. 125, Cr PC

Petitioner W (wife)

Daughter of...........

Village....................

Thana ..................

Occupation ............ Opposite Party H (husband)

versus

Son of...........................

Village ..............................

Thana..............................

Occupation ...................

In the matter of maintenance petition of petitioner W from the husband H per s. 125, Cr PC

The above name petitioner.

Respectfully shewoth:

1. Petitioner W being married wife of opponent party, they married according to the Hindu
rites on.

2. The opponent party H being a clerk on the staff of AB & Co. Ltd. holding a responsible
position and drawing salary of Rs. 8000 per month.

3. The opponent party strongly attacked the petitioner on ................... and drove her away
from the matrimonial house on............................. before various gentlemen of the vicinity.

4. That the opponent party leading a life of drunkenness and habitual lewdness. He is
besides a man of uncertain temperament and become enraged season and out of season
without any reason whatever. He has lost all sense of decorum and uses abusive language.

5. Petitioner after having being driven out of the house by the opponent party, came to her
father's place on same day and staying there in his family members.
6. The opponent party was served with a pleader's notice for remitting petitioner Rs. 900
monthly for maintaining her but without effect. Having regard to violent temper of H and
his inhuman type of beating petitioner she does not dare to go back to the place of the
opposite party.

Petitioner hence prays that Your Honour may be pleased to issue notice on the opponent
party and after leading evidence of both sides be pleased to order the opponent party for
paying petitioner maintenance at the rate of Rs. 900 monthly. And petitioner, as in duty
bound, shall ever pray.

Verification

I, W, daughter of MN resident of.......................... do hereby solemnly affirm on oath say as

under:

1. I being petitioner above-named and I know the facts/circumstances of the case and I am
able to depose thereto.

2. The statements in the paragraphs 1, 2, 3, 4, 5 and 6 of the foregoing petition are true to
my best knowledge and that I have not suppressed any material fact.

Solemnly affirmed by the said Mrs. Won the ............ day of.........in the Court House at
Bombay.

Before me

Notary

God is Great

PETITION BY WIFE UNDER SECTION 125, CR PC FOR MAINTENANCE

In the Court of……………..Judicial Magistrate 1st Class

Case No……………………under s. 125, Cr PC

Petitioner W (wife) Opposite Party H (husband)

Daughter of………….. versus Son of…………………..
Village ……………… Village…………………
Thana……………….. Thana………………….
Occupation…………. Occupation…………….
In the matter of petition for maintenance of petitioner W from the husband H under s. 125, Cr PC
The humble petition of W (wife), the petitioner above-named
Most Respectfully Sheweth:
Your petitioner W is the married wife of the opposite party. The marriage between them was
solemnised according to the Hindu rites on the opposite party H is a clerk on the staff of AB &
Co. Ltd. holding a responsible position and drawing salary of Rs. 8000 per month.

The opposite party severely assaulted the petitioner on …………… and drove her away from the
matrimonial house on………………..in presence of several gentlemen of the locality.
That the opposite party leads a life of drunkenness and debauchery. He is besides a man of
uncertain temperament and would fly into rage in season and out of season without any reason
whatsoever. He has lost all sense of decorum and would use extremely filthy language.

Your petitioner after being driven out of the house by the opposite party came over to her father's
place on the same day and has been staying at father's house with his family members.

The opposite party was served with a pleader's notice to send your petitioner Rs. 900 every
month for her maintenance but with no result. Having regard to the violent temper of H and his
inhuman way of beating your petitioner she does not venture to go back to the place of the
opposite party.

Your petitioner, therefore, prays that Your Honour may be pleased to issue notice on the opposite
party and after taking evidence of both sides be I pleased to order the opposite party to pay the
petitioner maintenance at the rate of Rs. 900 per month.
And your petitioner, as in duty bound, shall ever pray.
Verification
I, W, daughter of MN residing at…………. do hereby solemnly affirm and say as follows:
I am the petitioner above-named and I know the facts and circumstances of the case and I am
able to depose thereto. The statements in the paragraphs 1, 2, 3, 4, 5 and 6 of the foregoing
petition are true to my knowledge and that I have not suppressed any material fact. Solemnly
affirmed by the said
Mrs. Won the……..day of………. 2005 in the Court House at Calcutta

Before me Notary

IN THE HONOURABLE COURT OF V ADDITIONAL DISTRICT JUDGE-CUM-JUDGE:

FAMILY COURT ATVISAKHAPATNAM

O.P.No. /2008
Between:

ABCD Petitioner

And

XYZ Respondent

PETITION FILED UNDER SECTION 24 OF HINDU MARRIAGE ACT

I. The Petitioner is:

The address of the Petitioner for the purpose of service of court summons and
notices is as stated above

II. The Respondent is:

 The address of the Respondent for the purpose of service of court summons
and notices is as stated above.

III.

(a) The Petitioner submits that her marriage with the Respondent was solemnized
on XX-XX-XXXX at Petitioner’s mother place as per Hindu caste customs and religious
rites. The Petitioner submits that at the time of marriage as per the demand of the
Respondent and his family members, the Petitioner’s mother gave a sum of Rs.
XXXXX/- in cash towards dowry, customary gift articles worth of Rs. XXXXXXX/- , a
gold chain and one gold ring. The Petitioner submits that although the Respondent is
her near relative the Respondent and his parents demanded for dowry and other
laanchanams and having no other option the mother of the petitioner paid the amounts
as stated above.

(b) The Petitioner submits that her parents performed the marriage with all pomp
and gaiety and borne all the marriage expenses. The Petitioner submits that the
Respondent and his parents not have even spent a rupee towards marriage expenditure
but they made rude comments about the function on the face of Petitioner and her mother.
Petitioner submits that her family members bore all the insults without demur with a fond hope
that in due course they will be forgotten.
(b) The Petitioner submits that the Respondent from the day one of the marriage used to
harass her physically as well as psychologically for each and every silly reason. The Petitioner
submits that the Respondent is addicted to bad vices like drinking and gambling and used to
ignore the Petitioner completely. The Petitioner submits that many a time she tried to explain
about the disorder of the Respondent to her mother as well to her brothers, but they used to tell
her to remain calm, as the same will adversely dent the family prestige. The Petitioner submits
that her brothers used to console her and convince her to remain with the Respondent. The
Petitioner submits that she suffered all the insults and harassment in the hands of the
Respondent with an intention to safeguard the family esteem and not to remain as a burden on
her brothers silently.

(e) The Petitioner submits that the harassment of the Respondent reached its zenith and he
used to beat her indiscriminately without any cause. The Petitioner submits that when she
questioned about his highhanded acts, the Respondent grew wild and thrown the Petitioner out
of the house. The Petitioner submits that having no other option she came to her mother’s
house. The Petitioner submits that when the matter was placed before the elders, the
Respondent admitted his guilt and taken her back with him after promising all the elders that he
will look after the Petitioner well. The Petitioner submits that the Respondent failed to keep up
his promise and started harassing the Petitioner.

(f) The Petitioner submits that it became a ritual for the Respondent to beat her black and
blue and throw her out of the house and when elders call for mediation bringing her back by
making false promises. The Petitioner submits that she was vexed and exasperated by the
attitude of the Respondent and when she questioned the high-handed acts of the Respondent,
the Respondent once again thrown her out of the house by beating her black and blue.
(h) The Petitioner submits that after the death of her mother, she is living at the mercy of
her brothers. The Petitioner submits that the Respondent is having more than 5 acres of
wetland and he is also doing dairy business. The Petitioner submits that the Respondent is
earning a sum of Rs. 1,00,000/- per annum through leasing out some extent of the land as well
as cultivating the remaining extent. The Petitioner submits that the Respondent is earning a sum
of Rs. 6,000/- on the dairy business. The Petitioner submits that the Respondent is having a
own house in XXXXXX village. The Petitioner submits that apart from all these the Respondent
is doing daily finance business in and around XXXXXX village and earning substantial amounts.
The Petitioner submits that the Respondent is not taking care of her and is spending all his
amounts on his vices like gambling and drinking. The Petitioner submits that as she is his legally
wedded wife and it is the bounden duty of the Respondent to take proper care of her and
provide for her living and welfare.

(i) The Petitioner submits that it is the Respondent who had thrown her out of the
house and is refusing to allow her into his home. Moreover the Respondent is not
looking after the welfare of the Petitioner and not providing any thing for her living as
such the Petitioner is entitled to receive maintenance from the Respondent and the
Respondent is liable to pay the same.

(k) The Petitioner submits that she is illiterate and she has no source of income for
her livelihood. At present the Petitioner is living with her sister’s family and is totally
dependant on them for her livelihood. Petitioner submits that her sister and her family
are financially unstable and are struggling a lot for their livelihood. Their income is very
meager and their income is hardly sufficient for their basic needs. The Petitioner
submits that she does not want to depend on her sister and brothers and she needs to
maintain herself.

(l). The Petitioner further submits that she has no independent source of income to maintain
herself and does not want to be a burden to her sister and in these circumstances unless the
Honourable Court is pleased to grant maintenance of Rs.2, 000/- (Rupees Two Thousand
Only) to the Petitioner against the Respondent to meet her food, clothing, medicine etc. the
Petitioner will be subjected to irreparable loss and hardship.

IV. A Court fee of Rs. /- under article 11(8) of schedule 11 of A.P.C.F. and
S.V. Act.

V. The Petitioner, therefore, prays the Honourable Court in the interests of justice that the
Honourable Court may be pleased to direct the Respondent:

a) To pay a sum of Rs.2, 000/- (Rupees Two Thousand only) per month to the
Petitioner towards her maintenance,

b) To pay costs of the petition,

c) To grant such other relief or reliefs as the Honourable Court deems fit and proper in
the circumstances of the case.
 PETITIONER

VERIFICATION

I, the above named Petitioner, do hereby verify and declare that the facts stated above
are true and correct to the best of my knowledge, belief and information.

Visakhapatnam

Date: PETITIONER

Landmark Judgments and Articles on Law

IN THE COURT OF MS. SUNAINA SHARMA, M.M., DISTT. EAST,
KARKARDOOMA COURTS, DELHI
MAINTENANCE PETITION NO.______/2009
IN THE MATTER OF:
SMT. NEHA …PETITIONER
VERSUS
SH. HARINDER SINGH …RESPONDENT
REPLY ON AND BEHALF OF RESPONDENT TO THE APPLICATION FOR
AD-INTERIM ON BEHALF OF THE PETITIONER.
MOST RESPECTFULLY SHOWETH:
1. That the contents of para 1 of the application are partly admitted and partly
wrong and denied. It is denied that the petitioner has no source of income and
is unable to earn her livelihood and to maintainable herself. It is denied that
petitioner has no moveable and immoveable property or income to maintain
herself.
2. That the contents of para 2 of the application are admitted.
3. That the contents of para 3 of the application are wrong and denied. It is
denied that the applicant require a sum of Rs.5,000/- p.m. for her interim
maintenance allowance for her maintenance and hence seeks an order from
this Hon’ble Court as prayed for in the main petition.
4. The contents of para 4 of the application are matter of record and the
contents of the reply to the said petition may kindly be read as part and parcel
of this application, which are not reproduced herein for the sake of brevity.
The prayer clause of the application is wrong and denied in toto. The
application of the petitioners are liable to be dismissed with exemplary costs.
DELHI: RESPONDENT

DATED:18.08.2010
THROUGH

PRASAD SINGH
ADVOCATE

SEAT NO.69, CIVIL WING,

TIS HAZARI COURTS,

DELHI-110054
IN THE COURT OF MS. SUNAINA SHARMA, M.M., DISTT. EAST,
KARKARDOOMA COURTS, DELHI
MAINTENANCE PETITION NO.______/2009
IN THE MATTER OF:
SMT. NEHA …PETITIONER

VERSUS

SH. HARINDER SINGH …RESPONDENT

AFFIDAVIT
I, Harinder Singh, S/o Sh. Jender Singh, R/o Village – Bhabhisha, Tehsil –
Budhana, Distt. Muzaffar Nagar (U.P.) presently at Delhi, do hereby solemnly
affirm and declare as under:-

1. That the deponent is the respondent in the above noted case and is well
conversant with the facts of the case and is competent to swear this affidavit.
2. That the contents of the accompanying reply to the petition under Section
125 Cr.P.C. has been drafted by my counsel under my instructions and the
contents of the same have been read over and explained to me and I have
understood the same and are not repeated herein for the sake of brevity.

DEPONENT
VERIFICATION:
Verified at Delhi on this 18th day of the August, 2010 that the contents of the
above affidavit are true to my knowledge and no part of it is false and nothing
material has been concealed therefrom.
DEPONENT