EVIDENCE BY WAY OF AFFIDAVIT: DURING TRIAL UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE, 1973[CD1] 

EVIDENCE BY WAY OF AFFIDAVIT: DURING TRIAL UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE, 1973

 

 

 

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] 

 


 [CD1]EVIDENCE BY WAY OF AFFIDAVIT: DURING TRIAL UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE, 1973

 

 [CD2]Verification

 

 [CD3]Note: