Format of Petition for Maintenance under Section 125 of CrPC on behalf of Wife

Format of Petition for Maintenance under Section 125 of CrPC on behalf of Wife

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, DELHI

MAINTENANCE PETITION NO.  270/2020

IN THE MATTER OF: –

Priya Dubey,

W/O Rahul Dubey

D/O Kamalnath Pandey

R/O XYZ,

NEW DELHI-06                                                   …..PETITIONER

V E R S U S

Rahul Dubey

S/O Ramlal Dubey

R/O XYZ,

NEW DELHI-06                                            …..RESPONDENT

PETITION UNDER SECTION 125 OF Cr.P.C. FOR GRANT OF MAINTENANCE

MOST RESPECTFULLY SHOWETH:

  1. That marriage between the parties was solemnized on 20.11.2016 at Delhi according to Hindu Rites, custom and ceremonies. The marriage was registered with the Registrar of marriages at Delhi.  After marriage Petitioner started residing at the matrimonial home. Certified copy of the extract from the concerned register is attached herewith as Annexure A.
  2. That the petitioner gives the proper respect to the respondent and his family members.
  3. That the respondent never gives the proper respect to the petitioner and always neglect the petitioner.
  4. That the respondent has not been providing food, clothing and shelter to the petitioner. The respondent has been neglecting the petitioner to maintain and to provide basic necessities of the day-to-day life.
  5. That the conduct of the Respondent from the beginning was very indecent and the Respondent used to be short temperament and used to pick up quarrels with the Petitioner on very trivial matters.
  6. That for about two years, the relation between Petitioner and her Respondent were very ordeal, and after that the Respondent started treating her with cruelty. That the petitioner is the victim of cruel treatment of the respondent.
  7. That in month of May 2018, one day around 11:30 am he came back home, totally drunk, on inquiring about why he was so drunk, he went mistrustful and started kicking on the doors and threatened to leave. The petitioner clinched his legs so that he does not hurt himself, but on doing so he started kicking the petitioner and abuses her. Finally, the respondent deserted the petitioner on 30th May, 2018.
  8. That the respondent had failed to maintain the petitioner and had willingly and knowingly neglecting to provide the food, clothing and shelter to the petitioner. That the petitioner is unable to maintain herself and have no source of income. That the petitioner is fully dependent on the respondent, who has neglected to maintain the petitioner willingly and knowingly.
  9. That the respondent is an able bodied person and he is also hale and hearty. The respondent is the proprietor of a business firm known as “ABC Partners  at Delhi and is earning around Rs. 1, 00,000/- per month.
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  11. That the respondent is having sufficient means but he has neglected the petitioner without any just cause, excuse and reason.
  12. That the petitioner has  no moveable and immovable properties in their names to support herself in her routine life and on the special needs of time which cannot be anticipated but only apprehended as natural and inevitable in every bodies life.
  13. That the petitioner required minimum Rs. 35,000/- per month for her day to day requirements, cloths, food as the respondent has not made any provision for the up-bringing, maintenance, support of the petitioner. That the respondent is under obligation to maintain the petitioner as respondent is the husband of the petitioner.
  14. That the respondent works for gain at Delhi, within the jurisdiction of this Hon’ble Court hence this Hon’ble Court has the jurisdiction to try and entertain this petition.

PRAYER:

  1. It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to direct the respondent to pay Rs. 35,000/- per month to the petitioner as maintenance and litigation expenses  as provided under section 125 of the Cr.P.C. keeping in view the status and income of the respondent.
  2. Any order/s which this Hon’ble Court deem fit and proper, be also passed in favour of the respondent and against the petitioner.

PETITIONER 

THROUGH

COUNSEL

PLACE: DELHI.

DATED: dd/mm/yyyy

VERIFICATION

I, Priya Dubey, the Petitioner, state on solemn affirmation that whatever contained in paragraphs No. — to Para No — of the Petition is true to my own knowledge and that whatever contained in paragraphs No — to Para No — is based on information received and believed to be true to me.

Signed and verified this ___ day of ___ 20 ___ at ___

                                                                  PETITIONER

Format of Petition for Maintenance under Section 125 of CrPC on behalf of Wife

Also Read: [Summary Suit] Format of Suit For Recovery Under Order XXXVII of CPC

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