SAMPLE DRAFT ON A MAINTENANCE PETITION UNDER SECTION 125 OF CRPC

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MRS. W_________                                                                PETITIONER

VERSUS

  1. H __________                                                      RESPONDENT

SUBJECT: PETITION FOR MAINTENANCE UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE

MOST RESPECTFULLY SHOWETH:

 

The Petitioner, above named submits as under:

  1. That the Petitioner No. 1 is legally wedded wife of the Respondent.
  2. That marriage of the Petitioner was solemnized with Respondent on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. After marriage Petitioner No. 1 started residing at the matrimonial home. Certified copy of the extract from the concerned register is attached herewith as Annexure A.
  3. That for about four years, relation between Petitioner No. 1 and her husband Respondent were ordeal, but thereafter the Respondent started treating her with cruelty.
  4. That on __________ the respondent turned out the petitioner from the matrimonial home and since then she has been compelled to live at her parental house.
  5. That the respondent has never sent any money to the petitioner to meet her expenses and expenses of the minor child.
  6. That the Petitioner having no source of income is unable to maintain herself and the child.
  7. That the Respondent is a government employee and earning Rs. 55000/- per month net salary.
  8. That the Respondent has no other liability, while the petitioner is dependent upon him for her day expenses.
  9. That the petitioner is accordingly entitled to claim maintenance to meet her day to day expenses.
  10. That this court has the jurisdiction to entertain and try this petition as marriage between petitioner and the respondent was solemnized here and the petitioners are living within the jurisdiction of this court.
  11. In the facts and circumstances of case mentioned herein above this honorable court may graciously be placed to:

Prayer:

That the petitioner, therefore prays:

  1. The respondent be directed to pay monthly allowance of Rs. 17500/- by way of maintenance and
  2. Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.

 

…………………….

Petitioner

Through

………………….

(Advocate of petitioner)

Place: ……………….

Date:…………………

 

 

Verification:

I, wife the petitioner, state on solemn affirmation that whatever contained in paragraph NO. 1 to Para No. 10 of the petition is true to my own knowledge and that whatever contained in paragraphs no. 1 to Para no. 10 is based on information received and believed to be true to me.

Signed and verified this………….day of………20…….at……………

…………………..

Petitioner

 

Topic: sample draft application of maintenance

By Aesha Sheth

@lexcliq

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