MARRIAGE MAINTENANCE
125-1 [CD1]
IN
THE COURT OF CHIEF JUDICIAL MAGISTRATE OF
………………………
In
the matter of:-
………………………………………………………………….Petitioners
Versus
……………….………………………………………………….Respondent
Petition under Sec 125 Cr. P. C. with the
prayer to grant maintenance to the petitioners
Respectfully Sheweth:
1. That the petitioner No. 1 got married with the respondent on
____________ at __________________ in accordance with the Hindu customs, rites
and usages and out of the said wedlock petitioner Nos. 2 _______________ have
taken birth. The petitioner Nos. 2 _______________ are the legitimate children
of petitioner No. 1 and respondent. They being minors are filing the present
complaint through the next friend and natural guardian i.e. petitioner No. 1.
The petitioner No. 1 is house wife and petitioner No.2 ________________ are
students and studying in ___________ class respectively. The petitioners have
no independent source of income and now they have been left at the mercy of
their __________________father/maternal grand father for meeting their day to
day expenses.
2. That the respondent is a ________________ dead drunkard and not
treating the petitioners properly and also not maintaining them though he is
having sufficient source of income. The conduct of the respondent is so cruel
that he usually gave beating to the petitioners without any cause mercilessly
and when he comes to the house at night intoxicated he creates nuisance and
even does not allow the petitioners to sleep and study.
3. The respondent is also in habit of ___________________playing
gambling and after losing in gambling he has even sold his ________________car
and misutilised the amount received from the said sale in gambling and in
adultery.
4. The respondent has given such severe beatings to the petitioner No.
1 that he has broken her ___________________teeth and right hand's ring finger.
The respondent has also committed several another acts of cruelty towards the
petitioners that the life of the petitioners have become hell. The respondent
has ________________torn the wearing garments of the petitioner No. 1 in the
presence of her children and made her naked before them which has caused
immense mental torture and humiliation to them in the month of ________ at
_____________ (Place).
5. That though the respondent as well the petitioner No. 1 had
_____________ or resort to gambling and also not to associate with any other
woman, but the respondent has broken the pledge and resorted to all the bad
habits after six months and there-after started living again the life of
unresponsible man. The respondent has not allowed the petitioners to __ go to
the temple for worship and kept us at house asked us to worship him rather than
Lord Krishina.
6. That the respondent is also living in adultery with one lady namely
_____________. The respondent has even allowed her to live in our
______________rented house at __________________ to inflict mental torture upon
the petitioners.
7. That the relations between the parties have now broken to such an
extent that there is now no possibility of having any compromise between them.
8. That the petitioners were forced to leave the house of the
respondent on ______ due to the aforesaid facts and reasons, as their life was
in danger at the hands of the respondent and as the respondent has given open
threats to the petitioners that he will do away with their lives at any time,
so that he may remarry with other lady he likes.
9. That since the petitioner has been forced to take shelter in the
house of their __________________ father as well as maternal grandfather
respectively here at ________________________ and as thereafter they are
continuously residing here at …………………….…… hence the learned court has
jurisdiction to entertain and decide the present complaint/petition.
10. That requisite court fee is being affixed on the complaint/petition.
11. It is, therefore, most respectfully prayed that the petition may
kindly be allowed and the respondent may kindly be ordered to pay maintenance
to the petitioners at the rate of Rs. _____/- each per month as provided under
the code of Criminal Procedure in the interest of justice equity and fair play.
The cost of the petition may kindly be also awarded in favour of the
petitioners. Any such other relief as deem fit in the facts and circumstance of
the case may kindly be granted in favour of the petitioner and against the
respondent.
……….……………………….Petitioners
________________ Through, Advocate
IN THE COURT OF CHIEF JUDICIAL
MAGISTRATE OF
………………………………
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, 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 _____.
Deponent
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