In the Court of PRINCIPAL JUDGE, fAMILY
COURT, ----------
M.P. No._______ of 20--
In the matter of:
------------- ...Petitioners
Versus
------------- ...Respondents
INDEX
|
S.No. |
Particulars |
Page
No. |
|
1. |
Memo of Parties |
|
|
2. |
Petition under Section 125 of Criminal Procedure
Code alongwith supporting affidavit. |
|
|
3. |
Application under
Section 125 of Criminal Procedure Code for interim maintenance. |
|
|
4. |
Income Affidavit |
|
|
5. |
List of Documents alongwith documents |
|
|
6. |
Vakalatnama |
|
Petitioners
Through:
Counsel for the Petitioners
New Delhi
Dated:
In the Court of PRINCIPAL JUDGE, fAMILY
COURT, -----------
M.P. No._______ of 20--
In the matter of:
------------- ...Petitioners
Versus
------------- ...Respondents
MEMO
OF PARTIES
1.
W/o
D/o
2.
D/o
Both
R/o
...Petitioners
Versus
1. ----------
S/o.
R/o ...Respondent
Petitioners
Through:
Counsel for the Complainants
New Delhi
Dated:
In the Court of PRINCIPAL JUDGE, fAMILY
COURT, -----------
M.P. No._______ of 20--
In the matter of:
------------- ...Petitioners
Versus
------------- ...Respondents
PETITION
UNDER SECTION 125 Cr. P C FOR THE GRANT OF
MAINTENANCE.
1. That the Petitioners is a law abiding citizen and is the resident of address given hereinabove, as such the Petitioners/aggrieved persons is entitled to invoke the jurisdiction of this Hon’ble Court.
2. That the Petitioner No.
1 (herein after referred as petitioner)
was married to Respondent as per Hindu rites and rituals on--------------.
3. In the marriage, the parents, of the petitioner, have given dowry articles to the petitioner, her husband and other family members i.e. respondents according to the demands raised by the respondent No. 1 and his family members from time to time. Apart from their demands, various gifts, gold jewellery and expensive electronic items were gifted to petitioner from her parents, friends, relatives and neighbours of the family of the petitioner.
4. That the Petitioner’s
father has spent much beyond the status at the time of marriage. That soon
after marriage the Petitioner was harassed on one pretext or to another by all
the respondents. That mother in law was always nagging the Petitioner that she
had got inadequate dowry which was not commensurate to the Respondents’ family
status. That mother in law would time and again drop the names of other
marriage offers which were lined up for Respondent.
5. That the petitioner
found that the behaviour and conduct of the respondent and his family members,
was not good/cordial towards her and they always treated and seen her
indifferently and would not leave any stone unturned to harass and humiliate her
6. That the petitioner gave birth to a -----------in ----------in Delhi. The respondent family want a boy child from the petitioner which they did not get. Therefore, physical and mental harassment at the hands of respondent and his family increased after the birth of a girl child. The respondents even wanted to kill the newly born girl.
7. That the petitioner then filed a complaint on ------against all the respondents for physical harassment, demand of dowry, not giving birth to a male child and threats of killing the petitioner and her newly born -------.
8. That the physical
harassment and beating of the petitioner by her in laws becomes regular. The
respondents also locked the petitioner in the room for--------------. The
respondents did not feel pity even on ----------------
9.
That on pretext or
another the mother in law of the petitioner used to criticise the petitioner
right from the beginning she had been making all kinds of objections and
criticism of the petitioner cloths and eating habits.
10. That the petitioner was treated as the slave and demand of money were become regular. Respondents gave beatings and physically harassed the petitioner according to their whims and wishes.
11. That the respondent threw the petitioner and her daughter out of the matrimonial house.
12. That the petitioner and
her parents have tried their level best to save the matrimonial house but to no
avail.
13.
That the petitioner/
wife is unemployed and does not have any source of Income or properties for her
support. The respondent has not made any provision for the maintenance of the
petitioner. The petitioner is suffering great financial hardships and
inconvenience in growing up the baby girl.
14. That the petitioner and
her baby is totally dependent on her
aged parents and brother on her day to day needs including food, clothing etc.,
and is unable to maintain herself. It is getting difficult and unbearable to
meet the medical and daily expenses of the baby girl.
15.
That the respondent is
employed in----- and is getting Salary around Rs.------------ from the said job
apart from incentives and other benefits. That the respondent has not made any
provisions for the maintenance of the petitioner since the date of separation.
The husband of the petitioner is enjoying very comfortable life.
16.
That the
Petitioner/wife is a house-wife and is not in position to earn and even she has
no movable or immovable property in her name and she is not in position to earn
for maintaining herself. The Petitioner/Wife is legally wedded wife of the
Respondent and the Respondent has not paid even a single penny towards
maintenance to the Petitioner/wife till date nor he has made any provision for
her maintenance. Whereas, the Respondent
is legally, morally and ethically bound to do so but he intentionally and
deliberately neglected Petitioner-wife.
All the gold and silver jewellery, istridhan, personal belongings,
clothes and all articles of the Petitioner/ wife are still lying under the
illegal custody and control of the Respondent and his family members. The
Petitioner is living at the mercy of her parents at Delhi.
17.
That the
Petitioner-wife has a right to lead the life as per the status/standard of the
respondent and as such she needs at least Rs. ----------per month as
maintenance pendente-lite to maintain herself and her baby, at the standard at
which she was living at the house of the respondent.
18.
That the marriage
between the petitioner and the respondent was solemnized at Delhi and also the
petitioner is presently residing at the mercy of her parents at Delhi, which is
within the local territorial jurisdiction of the Hon’ble Court. Hence this
Hon'ble Court has got original jurisdiction to try, entertain and adjudicate
the present petition.
PRAYER
It is, therefore, most respectfully prayed that this
Hon'ble Court may kindly be pleased to:
(i)
direct the
husband/respondent to pay a sum of Rs. ------(--) per month towards the
maintenance of the petitioners;
(ii)
allow the litigation
expenses in favour of the petitioners;
(iii)
pass any other or
further order(s)/relief(s) as this Hon'ble Court may deem fit and proper in the
circumstances of the case, in favour of the petitioners and against the
respondent.
Petitioners
Through:
Counsel
for the Petitioners
New Delhi
Dated:
In the Court of PRINCIPAL JUDGE, fAMILY
COURT, -----------
M.P. No._______ of 20--
In the matter of:
------------- ...Petitioners
Versus
------------- ...Respondents
AFFIDAVIT
I, ------W/o ----D/o -----R/o do
hereby solemnly affirm and declare as under: -
1.
That the deponent is
the petitioner in the above-mentioned case and is fully aware with the facts
and circumstances of the present case thus competent to swear the present
affidavit.
2.
That the accompanying
petition under Section 125 Cr.P.C has been drafted by my counsel under my
instructions, the contents of the same are true and correct.
3.
That I say and submit
that I am unemployed and do not have any movable and immovable property in my
name to support me and I am unable to maintain myself.
4.
That the Contents of
the accompanying petition may kindly be read as part and parcel of the present
affidavit as the same are not being repeated herein for the sake of
brevity.
Deponent
Verification:-
Verified
at Delhi on this ____ day of December 20-- that the contents of my above
affidavit are true and correct and nothing material has been concealed
therefrom.
Deponent
