EVIDENCE BY WAY OF AFFIDAVIT: DURING TRIAL UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE, 1973[CD1]
IN
THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
In
Criminal Complaint No ............................. of 20
Petitioners:
vs.
Respondent:
AFFIDAVIT............................................D/o.................................aged…………………….
years, presently residing in…………………………..
The
deponent abovenamed hereby solemnly affirms and states as follows:—
1.
That the deponent herein is petitioner No. 1
in the accompanying petition. The deponent is well conversant with the facts
and circumstances of
the case and stands fully competent to swear to this affidavit.
The deponent herein will be
referred to as petitioner No. 1 hereinafter.
2.
That the marriage between petitioner No. 1
and the respondent was solemnized at ........................on ……………………..,according
to Hindu rites and ceremonies.
3.
That on the demand and specific request of
the parents and other family members of the respondent, the marriage between
petitioner No. 1 and the respondent was
solemnized with great pomp and show. Approximately, Rs…………………was spent on tents
and food only. Prior to the marriage, the Sagai ceremony had been performed on………and
huge expenses were incurred on that occasion as well.
4.
A total amount of at least Rs……………………. was
spent by the parents of petitioner No 1. Dowry, stridhan and other gift items
given from the side of petitioner No. 1 to the respondent and his other family
members.
5.
That petitioner No. 1 was initially taken to
……………… ,which continued to
be her matrimonial
home till the
couple shifted to
.................................. Both the aforesaid houses belong to
the respondent.
6.
That before the couple's departure for their
honeymoon, all the valuable dowry articles and stridhan belonging to petitioner
No. 1 was solicited by the mother-in-law of petitioner No. 1, from the custody
of petitioner No. 1, for being kept under trust in her safe-custody. Petitioner
No. 1 had to accede to the aforesaid solicitation against her will.
7.
That on the day following the wedding, the
respondent started doubting the character of petitioner No. 1 and even accused
her of having extramarital affairs. Further, petitioner No. 1 was shocked to
see the lust for dowry on the part of her mother-in-law and sister-in-law. On
the 6th day after marriage, after coming back from honeymoon, the respondent
went to the extent of accusing petitioner No. 1 of seducing her own
brother-in-law.
8.
That prior to her marriage with the
respondent, petitioner No. 1 was employed as a librarian in college. After marriage, however, the
respondent forced petitioner No. 1 to leave the job. This was done in spite of
the fact that marriage between the parties had taken place on the condition
that petitioner No. 1 would be allowed to continue with her job. On the other
hand, the mother-in-law of petitioner No. 1 wanted her to continue with the job
for want of money and due to these differences between the respondent and his
mother, petitioner No. 1 was victimized and tortured for no fault on her part.
The respondent and his mother even harassed petitioner No. 1, both physically
and mentally, over the aforesaid issue. Consequently, petitioner No. 1 had to
leave the job.
9.
That the mother-in-law and sister-in-law of
the petitioner exhibited utmost dissatisfaction with the dowry articles brought
by petitioner No 1 As a result, the mother-in-law and the sister-in-law not
only started beating petitioner No. 1 but also used excessively abusive
language for her aged parents.
10.
That petitioner No.1got pregnant in the month
of ………………….On ............., after
abusing and slapping petitioner No. 1 in public, the respondent asked her to
sit on the scooter and before she could sit on it, the respondent candidly,
deliberately & intentionally started running it as a result whereof
petitioner No. 1 fell down, which culminated into miscarriage together with
other physical injuries. After the aforesaid miscarriage, when the petitioner
went back to her matrimonial home, filthy words were hurled at her and she was
given merciless beating by the respondent in front of the other accused persons
who, instead of intervening in the matter, instigated the respondent.
11.
On………………, the respondent forced petitioner
No. 1 to leave the matrimonial home forever and she was left with no option but
to go to her parents' house.
12.
On…………………with persuasion and efforts of the
relatives, friends and family members, petitioner No. 1 went back to
matrimonial home only to face the same situation as she has left the house in.
Not only did the respondent cross all the limits of decency but also went onto
the extent of threatening to kill petitioner No 1. Thereafter, petitioner No. 1
was literally thrown out of the matrimonial home.
13.
On ………………… with
the great efforts made by the common relatives and friends a compromise took place
between petitioner No. 1 and the respondent, petitioner No. 1 was allowed to
join her matrimonial home on the condition that nobody from her family would
come to her matrimonial home. Petitioner No. 1 was also forced to apologies to
the respondent and his family members in front of all the relatives and
friends.
14.
That it is pertinent to mention here that the
respondent, in a bid to expand his business, incessantly pressed petitioner No.
1 to bring money from her parents and on her refusing to do so, the respondent
perpetrated more physical and mental cruelty on petitioner No. 1.
15.
That in the month of………………, petitioner No. 1
conceived once again.
16.
However, the respondent and his family
members continued to shower
17.
unprecedented torture and atrocities on
petitioner No. 1, completely unmindful of and indifferent to her delicate
condition.
18.
On …………………. ,
the respondent took petitioner No. 1 to a gynecologist on the pretext of
conducting a medical checkup. However, the doctor after doing ultra- sound test
conveyed to the respondent that petitioner No. 1 was carrying a female child.
This triggered off the respondent's anger and he started shouting at petitioner
No. 1 in the doctor's clinic itself. Since the aforesaid date, the respondent and
his family members treated petitioner No. 1 with such cruelty as is incapable
of being told in words. The magnitude of cruelty and violence perpetrated on
petitioner No. 1 shook her body and soul in such a way that she has not been
able to recover till date.
19.
That it is submitted that various police
complaints are pending in the police-station with
regard to grievous hurt and attempt to murder etc., in different matters
against the respondent and which were concealed by petitioner's in-laws at the
time of marriage. The respondent is notorious with regard to his bad character
in the entire locality.
20.
That on ……………., petitioner No. 1 gave birth
to petitioner No. 2 at ........................... However, even the birth of
the lovely child failed to placate the respondent and his family and the entire
family, while visiting petitioner No. 1 in the said hospital, told her to go
back to her parents' place immediately after being discharged from the
hospital.
21.
On finding
herself unable and unwilling to receive any more pain and torture from the
respondent's side, petitioner No. 1, along with the new born child, went to her
parents' house after being discharged from the hospital and did not set foot
into the respondent's house ever since.
22.
That since the date petitioner No. 1 was
forced to leave her matrimonial home, neither the respondent nor the
mother-in-law of petitioner No. 1 has even bothered to make any provision for
the petitioners herein nor ever came to see her and her minor child and they
have totally neglected her and her child. Petitioner is forced to live with her
parents and she is totally dependent upon her parents for all purposes.
23.
Whenever petitioner tried to contract
respondent, the petitioner was warned by her in- laws not to talk with them in
future as they have no relation of any nature with her. Due to acts and
attitude of the respondent and his family members, the petitioner has no other
option but to approach your good self with this complaint.
24.
That petitioner No. 1 has been, directly as
well as through common relatives and friends, demanding maintenance but the
respondent and also his other family members have not only neglected and
refused to maintain the petitioners but have clearly and categorically given-up
their claim.
25.
That the respondent is a man of means and
resources having good income from various sources and is running various
businesses and is also an income-tax assessed, whereas the petitioners have no
source of income at all and the petitioners are at the mercy of their relatives
and friends.
26.
That the respondent is the sole
owner of two
immovable properties as stated above in the title of this
complaint and in first few paras thereafter, besides others. The
respondent is having
no-one else to
maintain except the petitioners
as he is living with his mother who herself is earning from various sources.
The respondent is having a good standard of living and is maintaining cars, air
conditioners, scooter, motorcycle, landline phones and mobile phone Nos
......................................... and etc.,
all other related household utilities and luxuries including T.V., fridge, and
washing machine, besides lavish accommodation at his disposal.
27.
That the respondent is earning at least a sum
of Rs per month from different sources
and is an income-tax assessed, though he is showing in his income-tax returns
only meager income for the inherent reasons. The respondent is running the
business of placement in the name and style of ....................................,
having office at , having his current
bank account. He is also an insurance agent with various insurance companies.
The respondent is also generating income by means of interest on deposits and
investments, having his rental income, his mother is also earning and he does
not have anybody dependent on him or to support except the petitioners.
28.
That a sum of Rs approximately was spent by petitioner No. 1 by taking loan from her
relatives and friends at the time of her delivery and subsequent medical
expenses.
29.
That petitioner No. 1 is mother of an infant
child of 2.5 months only, having nobody to look after the child and not in a
position to do any job. She has no income from any source whatsoever, nor is
she having any prospects in future as she is neither qualified in such a way
nor is skilled in any area whatsoever. Moreover, the job of librarian that she
was having before marriage was also given up by petitioner No. 1 on the
directions of the respondent. The father of petitioner No. 1 belongs to the
middle-class and has four daughters of marriageable age. Therefore, he cannot
afford to maintain the petitioners and there is no one to support the
petitioners.
30.
That the petitioners require maintenance for
her residence, for food, for clothing, for medical expenses, litigation
expenses and also miscellaneous expenses, including conveyance etc. for which
an aggregate sum of Rs per month for
petitioner No. 1 would be adequate and Rs per
month for petitioner No. 2 would be proper, keeping in view the educational
perspective with respect to petitioner No 2.
31.
That it
is submitted that
having regard to
the respondent's own
income and property and also the status and standard of living and also
in view of the standard of living and requirements of the petitioners to which
they are used to, a sum of Rs per month
would be appropriate by way of maintenance and support in favor of the
petitioners and against the respondent.
32.
It is, therefore, respectfully prayed in the
interest of justice that this Hon'ble
Court may be pleased to grant, past, present and future maintenance in favor of
the petitioners, at the rate of Rs…………………..per month and Rs………………per month in favor
of the petitioner No. 1 & 2 respectively, from the date of separation of
petitioner No. 1 and the respondent, and from the date of birth of petitioner
No. 2, respectively, till all times to come and forever during the life-time of
the petitioners, in addition to litigation expenses of Rs………………and medical
expenses relating to delivery of petitioner No. 2 to the tune of Rs ………………….
Sd./
Deponent.
Verification
Verified
at.........................................on this the
....................................... day of …………………., 20 ……………………, that the
contents of the above affidavit are true and correct to the best of my
knowledge, belief and information and nothing material has been concealed
therefrom. [CD2]
Sd./
Deponent.
Solemnly
affirmed and signed before me by the deponent, who is personally known to me,
on this the ..................................... day of ..................
,20
Sd./
Counsel
for the deponent.
Note: Affidavit to be attested by the
appropriate authority prescribed under law. Prayer should not normally be made
a part of affidavit, if possible. [CD3]
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