Format for Maintenance Petition

DRAFT (FORMAT) FOR MAINTENANCE PETITION U/S 125 CrPC

Source:LawZilla

IN THE FAMILY COURT AT JAIPUR, RAJASTHAN

CRIMINAL PETITION NO. 123 OF 2020

In the matter of ‘Order of permanent maintenance for the deserted wife and three children under Section 125 of the Code of Criminal Procedure, 1973

 

S Khanna                                                                                 …Petitioner/Org. Accused No. 3

                                                        Versus

A Rajpoot                                                                                …Respondent/ Org. Complainant

 

 

INDEX

Sr. No.	Particulars	Page No.
01.	Criminal Petition	3-7
02.	Annexure-A	8
03.	Annexure-B	9
04.	Annexure-C	10

 

 

SYNOPSIS

DATE	EVENTS
25/11/2019	The Petitioner and the Respondent got married as per Hindu customs and rites and started living in their matrimonial house from thereof.
04/04/2020	Petitioner filed complain against cruelty in the XYZ Police Station u/s 406 and 498 A of IPC
05/04/2020	The Petitioner was thrown out from her matrimonial house by the Respondent.
04/05/2020	The Petitioner filed Maintenance Petition in the Hon’ble Principal Court

 

 

 

IN THE FAMILY COURT AT JAIPUR, RAJASTHAN

CRIMINAL PETITION NO. 123 OF 2020

In the matter of ‘Order of permanent maintenance for the deserted wife and three children under Section 125 of the Code of Criminal Procedure, 1973

S Khanna, Age – 30 years                    )           

Occupation - Unemployed                   )

Residing at – J 607, ABZ Society        )

Jaipur, Rajasthan – 122001                  )                                                     …Petitioner

                                                                       Versus

A Rajpoot, Age – 30 years                   )

Occupation – Business                        )

Residing at – A 302, CBD Society      )

Jaipur, Rajasthan – 122001                 )                                                     …Respondent

TO

THE HON’BLE PRINCIPAL JUDGE

AND THE OTHER HON’BLE JUDGES OF

THIS FAMILY COURT AT JAIPUR, RAJASTHAN

APPLICATION FOR MONTHLY MAINTENANCE ALLOWANCES FOR THE DIVORCED WIFE UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE, 1973

MOST RESPECTFULLY SHOWETH :

I, the Petitioner abovenamed beg to submit most humbly and respectfully as under:-

1.    That the Petitioner and the Respondent were lawfully married, according to Hindu rites and customs on 25^th November 2019 at Jaipur. Further the marriage has not been registered under any law but a copy of ‘Wedding Cards’ is in the possession of the Petitioner. (Annexed hereto marked as Exhibit – A is a Xerox copy of the said ‘Wedding Card’ of the Petitioner and Respondent).

2.    That the Petitioner and the Respondent, before and during their married life and till to date are Hindus. Both the Petitioner and Respondent are domiciled in Rajasthan, India, since their birth to till to date. The Petitioner was spinster, and the Respondent was bachelor’, their marriage.

3.   That the Petitioner and Respondent cohabited and lived together at A 302, CBD Society, Jaipur – 122001, for past 6 months and they resided together in this very house, which is within the jurisdiction of this Honourable Court.

4.    That the Respondent soon after the marriage demanded the dowry from the petitioner and made her life miserable by abusing and torturing her mentally and physically.

5.   That the Petitioner was asked to wake up at 4 am in the morning to the household chores and was beaten by the Respondent’s mother when the same was not followed. The Petitioner was treated as a Servant. The Petitioner because of this cruelty and torture filed a FIR in the XYZ Police Station under section 498 A and 406 of the IPC on 4^th April 2020.   

6.     That on 5^th April 2020, the Respondent drove the Petitioner out from their matrimonial house, without any lawful reason and since then, the Respondent has deserted the Petitioner and even not looking after the maintenance and welfare of her.

7.     That the Petitioner is unable to generate sufficient sources of income to meet even the basic necessity for survival due to illiteracy, lack of technical qualification, and unemployment. In other words, the Petitioner is undergoing and experiencing acute financial crises and has become totally bankrupt resulting in the Petitioner’s undernourishment and incessant starvation. The Petitioner is unable to maintain herself and her old parents and they are even deprived of basic necessities of life for survival and could evidently foresee that her and her parent’s welfare, growth and survival are in the dark side of the human life. That the parents of the Petitioner are old and not very well off to maintain her and on the other hand is unemployed. The aforesaid atmosphere and situation are not at all conductive for happy and healthy growth of her and her parents. 

8.   That the Respondent is strong built healthy and able young man aged 30 years and possess sound mind and is also financially sound and is a businessman, carrying a business in textile and earning a handsome amount of Rs. 75,000/- per month. The Respondent also has invested in shares of various companies, owns immovable property and have a lot savings in the bank. From which he earns good amount of returns in the form of interest, rent and dividends and overall, his income becomes more than Rs. 1,00,000/- per month.

9.    That it was the bounded duty of the Respondent to maintain the said Petitioner from his sources of income since the date of throwing out the Petitioner from the matrimonial house i.e. 5^th April 2020 but has failed to do so. Hence it is incumbent upon the said Respondent to pay a sum of Rs. 20,000/- per month towards monthly ‘Maintenance’ to the said Petitioner.  

10. That the Petitioner respectfully submits that taking into due thoughtfulness of the aforesaid facts and circumstances and stubborn and negative acts of the aforesaid Respondent and the unlawful deprival of maintenance to the Petitioner for past 1 month, the petitioner prays before this Hon’ble Court, for the following relief :-

“Pending the hearing and final disposal of this petition, the Respondent be directed to pay Rs. 10,000/- towards maintenance of the said Petitioner from the date of application, as instant interim relief

11. That in addition to the aforesaid interim relief, the said Petitioner respectfully prays before this Hon’ble Court to direct the respondent to also pay the said amount of Rs. 5,000/- in lump sum towards the costs of this proceeding, so as to pay the professional fees of the lawyer, as instant ad-interim relief.   

12. That the said Petitioner being a woman Petitioner, may be exempted from paying Court-Fees, as published in Government Notification dated 01.10.1994 (Annexed hereto marked as Exhibit – B) and also held in Sanjay Kumar Das v Munmum Patnaik and Others (Annexed hereto marked as Exhibit – C).

13.  It is, therefore, prayed that the Hon’ble Court may graciously be pleased :

a) To direct the said Respondent to pay a sum of Rs. 20.000/- per month to the said Petitioner as Monthly maintenance

b) Pending the hearing and final disposal of this petition, the Respondent be directed also to pay the said amount of Rs. 5,000/- in lump sum towards the cost of this proceeding, so as to pay the professional fees of the lawyer, as instant ad-interim relief.  

c) To pass interim relief and ad-interim relief as prayed in para (b) to (c) above, as otherwise said Petitioner will suffer further starvation.

d) To pass such other and further reliefs as this Hon’ble Court may deem fit and proper.

Petitioner

Identified by me

Advocate for the Petitioner 

VERIFICATION

I, S Khanna, wife of A Rajpoot, aged 30 years, Indian Inhabitant, Occupation – Unemployed, residing at J-607 ABZ Society, Jaipur, do solemnly affirm and declare that whatever is stated in the foregoing petition is true to the best of my knowledge and belief.

Petitioner

Solemnly affirmed at Jaipur)

On this 4^th day of May 2020)

 

Identified by me.

Advocate for the Petitioner

Before me.