MARRIAGE INTERIM MAINTENANCE 125
(3) [CD1]
IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT
………………
IN THE
MATTER OF:-
……………………………………………………………………………..Petitioners.
Versus.
…..………………………………………………………………………….Respondent.
Application under section
125 (3) of the code of Criminal Procedure with the prayer to grant interim
maintenance during the pendency of the main petition
Respectfully Sheweth:
1. That the petitioners have filed a petition under section 125 for
grant of maintenance under Code of
Criminal Procedure along with the present
application which is pending before the learned court.
2. That the grounds mentioned in the main petition may kindly be read
as part and parcel of the present application as the same has not been
reproduced to avoid repetition of the same.
3. That as per the grounds setup in the main petition, there is prima
facie case in favour of the petitioners and against the respondent. And in
case, interim maintenance is not granted in favour of the petitioners, in that
eventuality, they will suffer great hardship in meeting their day to day
expenses as already submitted that they have now totally become dependent upon
their father/maternal grand father. The petitioners have no independent source
of income and the respondent has sufficient source of income to maintain him as
well as the petitioners. It is pertinent to mention here that after the
petitioners were forced to leave the house of the respondent, he has even not
cared to have any amicable settlement and has not given any single pie to the
petitioners for their maintenance, as such the respondent has breached the
obligatory marital duties and obligations to maintain the petitioners.
It is, therefore, most
respectfully prayed that the application may kindly be allowed and respondent
be directed to pay a sum of Rs_____/- each to the petitioners as interim
maintenance from the date of filing of the application till its decision on
merits.
The respondent be also directed to pay
litigation expenses of the present petition to the petitioners.
Applicant.
Through.
Counsel.
(_____)
Advocate.
IN THE COURT OF CHIEF
JUDICIAL MAGISTRATE
…………………………………………………….
IN THE MATTER OF:-
………………………………………………………………..….Petitioners.
Versus
……………………………………………………………………Respondent.
Affidavit in support of application under
section 125(3) Cr.P.C.
I, _____, do hereby solemnly affirm and
state on oath as under:-
1.
That the contents of my
accompanying application under section 125 (3) Cr.P.C in para 1 to 3 are true
and correct to the best of my knowledge and belief. No part of it is false and
nothing material has been concealed there from. The contents of the
accompanying application has been read over and explained to me in
vernacular.
2.
That the contents of my above
affidavit in para 1 are true and correct to the best of my personal knowledge
and belief. No part of it is false and nothing material has been concealed
there from.
Verified here at …………………………….. on this
_____ day of _____.
Deponent.
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