IN THE COURT OF SH. XXXXXXX, LD. PRINCIPAL JUDGE (FAMILY COURTS), GURUGRAM

H.M.A. NO.XX OF XXXX

                            IN THE MATTER OF :-

                            XXXXXXXXXX                                          : PETITIONER

VERSUS

                            XXXXXXXXXX                                         : RESPONDENT

                                            I N D E X

1.     APPLICATION UNDER SECTION 24

OF HINDU MARRIAGE ACT WITH

        AFFIDAVIT.

GURUGRAM                                                                                                    RESPONDENT

                                                                                    THROUGH

DATED

XXXXXXXXXX

ADVOCATE

Address: XXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXXXXXXXX.

Mob. No.- XXXXXXXXXX

Email: XXXXXXXXX.XXX

IN THE COURT OF MS. XXXXXXXXXX, LD. PRINCIPAL JUDGE (FAMILY COURTS), GURUGRAM

H.M.A. NO.XXX OF XXXX

                                    IN THE MATTER OF :-

                                    XXXXXXXXXX                                     : PETITIONER

VERSUS

                                    XXXXXXXXXX                                      : RESPONDENT

 APPLICATION UNDER SECTION 24 OF H.M.A. ON BEHALF OF THE         RESPONDENT/WIFE FOR MAINTENANCE PENDENTELITE AND FOR EXPENSES OF                     THE PROCEEDINGS FOR THE RESPONDENT AND HER MINOR CHILDREN.

MOST RESPECTFULLY SHOWETH:-

1. That the petitioner has filed captioned petition under Section 13(1)(ia) of Hindu Marriage Act, against the respondent, which is pending for adjudication before this Hon’ble Court.

2. That the respondent/wife has filed the written statement to the petition under Section 13(1)(ia) of H.M. Act filed by the petitioner / husband. The facts stated in the written statement are true to the knowledge of respondent and the same be read as part of this application, which are not being repeated here for the sake of brevity.

3. That after the marriage the petitioner and respondent lived together as husband and wife and the marriage was duly consummated and out of the said wedlock one female child was born on XX.XX.XXXX and one male child was born on XX.XX.XXXX.

4. That the marriage of the petitioner was solemnized with the respondent on XX.XX.XXXX with great pomp and show as per Hindu rites and ceremonies, which was attended by the friends and relatives of both the parties.

5. That it is also important to mention here that the Petitioner and his family members caused lots of physical, mental torture and harassment to the Respondent and the Petitioner and his family members used to taunt and humiliate Respondent on every occasions and whenever, Respondent goes outside the house, Petitioner and his family members levelled false allegation and Respondent most humbly submits that, no one from the family of them has ever tried to pacify and advise him about the right way to lead the family.

6. That the respondent had been subjected to mental cruelty / physically and psychologically. That Petitioner refused to support the Respondent and blamed her and apart from physical cruelties, Respondent has been subjected to different types of cruelties, which is more harmful then of physical cruelties and this have destroyed the peace of mind and grievously hurt her mental feeling.

7. That the comprehensive appraisal of the entire matrimonial life span of the Respondent and the Petitioner clearly shows that the Petitioner and his family members are guilty of treating the Respondent with violence that is physically, mentally, economically as well and that is to without any just and reasonable cause, which has been unpardonable and unforgiveable and their willful and unjustifiable acts have inflicted severe harassment and agony to the Respondent.

8. That petitioner has not given a single penny to respondent to meet her day to day expenses and at all the times, the Respondent had to borrow the same from her family, friends and relatives.

9. That the Petitioner is a man of means. He is working in TCS and getting a handsome salary to the tune of Rs.X,XX,XXX/- per month. Besides, the Petitioner is also having properties, which have been rented out to different tenants and the Petitioner is earning approximately Rs.X,XX,XXX/- as rent from the aforesaid properties. Further, the Petitioner is also having ancestral properties at Gurugram and other states. Thus, the Petitioner is earning a total sum of Rs.X,XX,XXX/- per month from the aforesaid sources. The Petitioner maintains Cars, expensive mobile phone (iPhone). The Petitioner has good amount of gold and bank balances in various banks and have invested in shares, savings in form of fixed deposits, LIC’s and other insurances, rents etc. It is submitted that the Petitioner is having Cars and two wheelers. The Petitioner is also having various Debit Cards and Credit Cards of various banks. That on the other hand the Respondent is earning petty amount of Rs.XX lakhs per annum and working in XXXX and taking care of minor children. Thus, the Respondent needs Rs.XXXXX for herself as well as her minor children i.e minor daughter of XXXX years and minor son of XX years and the respondent need maintenance to maintain the day to day expenses of herself and for her minor children.

10.That Respondent has not only been neglected but also the Petitioner has refused to maintain the Respondent. The aforesaid acts of neglect and cruelty have left a deep impact upon the psyche of the Respondent.

11.That the respondent has committed acts of domestic violence by harming / injury / endangering the health, safety, life of the applicant and the Petitioner has deprived the applicant to economic and financial resources for which the Respondent is entitled as per legitimate right of being a legally wedded wife of the Petitioner.

12.That the Respondent is taking care of her minor children with the petty salary amount of Rs.10 lakhs per annum and hardly able to maintain with rented property/accommodation. That Respondent is entitled to live in similar life style as per the status of the Petitioner and their child need same degree of comforts as in the Petitioner’s home. 

13.That the petitioner has willfully and deliberately neglected to maintain the respondent.

14.That the respondent is not having any moveable and immovable property in her name.

15. That it is pertinent to mention here that the petitioner has no other liability or responsibility to meet except to maintain the respondent and her children.

16.That on the other hand the respondent is not earning and is absolutely dependent on the mercy of her parents.

17.That the respondent requires money for herself & for her children as the petitioner is duty bound to maintain her as the respondent is the legally wedded wife of the petitioner.

18.That the respondent neither have good income as petitioner have nor owns any immovable or movable properties and even all the istridhan jewellery articles and dowry articles of the respondent are with the petitioner and his parents.

19.That respondent is in a torturous life and does not have sufficient funds to maintain herself and for her children and staying in a rented accommodation.

20.That the petitioner belongs to a high-class family has not made any provisions for the maintenance to the respondent. The petitioner is not having any other responsibility except to maintain the respondent. The respondent is passing through hardships and crises. The petitioner is under moral, social and legal obligation to maintain the respondent as the applicant is the legally wedded wife of the petitioner. The petitioner is not fulfilling any of his responsibility towards the applicant, showing his irresponsible, disorderly and cruel behavior upon her.

21.That the petitioner is also having other moveable and immoveable properties in his name but not disclosed to the applicant and also having shares, fixed deposits, bonds etc. and maintaining credit cards and club membership in his name. Apart from the said, the petitioner is having the additional source of income and leading a luxuries life.

22.That under the circumstances, the respondent is in need of money to maintain herself and her children. The petitioner is duty bound to maintain the respondent as per his status and she is entitled for a sum of Rs.x,xx,xxx/- per month.

23.That it is submitted that since the date of desertion, the petitioner has not maintained the respondent and her children and has not paid anything.

24.That it is established that the petitioner has failed to discharge his liability as provided under the law.  

25.That the petitioner is legally bound to maintain the respondent and she is entitled for Rs.x,xx,xxx/- per month for her maintenance, livelihood and for her children.

26.That in case the present application is not allowed and maintenance in terms of provisions of Section 24 of H.M.A. is not granted to the respondent, she shall be put to face starvation.

                                                P R A Y E R :-

It is therefore, prayed that maintenance @Rs.xx,xx,xxx/- (Rupees xxx xxxx only) per month may be granted to the respondent and her children and the petitioner be further directed / ordered to pay a sum of Rs.x,xx,xxx/- as cost of litigation / expenses of proceedings in terms of Section 24 of H.M.A. till the pendency/final disposal of present petition.

It is, further prayed that this Hon’ble Court give directions to the petitioner / husband to disclose his other assets (moveable and immoveable).

Any other relief which this Hon’ble Court may deem fit and proper also be passed in favor of the respondent and against the petitioner.

GURUGRAM                                                                                                    RESPONDENT

                                                                                                    THROUGH

DATED

XXXXXXXXXX

ADVOCATE

Address: XXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXXXXXXXX.

Mob.No.- XXXXXXXXXX

Email: XXXXXXXX@XXXXX.XXX

IN THE COURT OF MS. XXXXXXXXXX; LD. PRINCIPAL JUDGE; (FAMILY COURTS), GURUGRAM.

H.M.A. NO. XX OF XXXX.

                            IN THE MATTER OF :-

                            XXXXXXXXXX                                       : PETITIONER

VERSUS

                            XXXXXXXXXX                                       : RESPONDENT

AFFIDAVIT

Affidavit of Mrs. XXXXXXXXXX, W/o Mr. XXXXXXXXXX, D/o Sh. XXXXXXXXXX R/o XXXXXXXX,XXXXXX,XXXXX at present, the above-named respondent solemnly affirm and declares as follows:-

1.     1. That I, being the respondent in the above noted case and am aware of the facts and circumstances of the case and as such am competent to swear and file the present affidavit.

2.          2. That the contents of the accompanying application under Section 24 of H.M.A for grant of maintenance and litigation expenses, has been drafted by my counsel under my instructions and the contents of the same may kindly be read as part and parcel of this affidavit as the same are not being reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION:-

Verified at Gurugram on this ___ day of XXXXXX, XXXX that the contents of the above affidavit are true and correct to the best of my knowledge and nothing has been concealed therefrom.

                                                                           DEPONENT