IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

MT. PETITION NO. _____ 2016.

IN THE MATTER OF :-

_________________                        : PETITIONER

VERSUS

_____________                                             : RESPONDENT

I N D E X

S.NO.                   PARTICULARS                                        PAGES         

1.       MEMO OF PARTIES.

2.       PETITION UNDER SECTION 125 OF CR.P.C. FOR MAINTENANCE, WITH AFFIDAVIT.

3.       APPLICATION UNDER SECTION 125 OF CR.P.C. FOR INTERIM MAINTENANCE, WITH AFFIDAVIT.

4.       LIST OF DOCUMENTS.

6.       VAKALTNAMA.                      

----------------------------------------------------------------------------------

DELHI                                                                            PETITIONER

THROUGH

DATED                                            

___________________

ADVOCATE

_______________________,

New Delhi-110013.

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

MT. PETITION NO. _____ 2016.

IN THE MATTER OF :-

_________________________             : PETITIONER

VERSUS

__________________                                : RESPONDENT

MEMO OF PARTIES

___________________________

Add:__________                                               : PETITIONER

VERSUS

______________

Add:____________________

                                                                                : RESPONDENT

---------------------------------------------------------------------------------

DELHI                                                                            PETITIONER

THROUGH

DATED                                            

_____________________

ADVOCATE

______________,

New Delhi-110013.

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

MT. PETITION NO. _____ 2016.

IN THE MATTER OF :-

__________________

Add:________________                                          : PETITIONER

VERSUS

______________

Add:______________

                                                                                : RESPONDENT

PETITION ON BEHALF OF THE PETITIONERS FOR MAINTENANCE UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE.

MOST RESPECTFULLY SHOWETH :-

1.               That Mrs ___________(“the Petitioner”) had been married to __________(“the Respondent”) on Feb 10^th, 1989 and is presently residing at ______________, along with the Respondent and her two children. The Petitioner had done her post graduation in commerce and had numerous job opportunities with her at the time of marriage. However, the Respondent and his family members strongly objected to the very idea of working women and therefore, the petitioner was never allowed to take up job opportunities.

2.       That the Petitioner, who has been neglected by the Respondent and further Respondent refused to maintain of her and has caused physical and mental cruelties to her, resulting petitioner has been thrown out of the home without taking clothes and other articles / istridhan related to her and Respondent has not provided shelter to her.

2.              That Respondent having sufficient means deliberately / intentionally neglecting the Petitioner for maintaining her and her children. That Respondent is man of means and due to physical / mental cruelties caused to the Petitioner. The Respondent has not made any arrangements for their maintenance. That Petitioner is unable to maintain herself and is under distress.

3.              The Respondent has been working as a Doctor with the ___________________ in the NFSG (Non-functional selection grade) at______________. The Respondent at present is drawing salary of more than Rs____________ per month  along with other benefits from the hospital. The Respondent also is the owner of the property, which comprises of Ground Floor as well as the First Floor.  The Respondent has given the ground floor of the property on rent and the Respondent is earning more than Rs.________/- per month as rental income amongst other incomes.

4.              It is pertinent to mention that the Petitioner inspite of being a legally wedded wife of the Respondent has been devoid of all the necessities and comforts by the Respondent. That the Petitioner has been devoid of all the pleasures of the married life. That till date the Respondent has never shared any details pertaining to the finances, salary and other multiple sources of income of the Respondent with the Petitioner. That the Respondent for the last 3(three) years has stopped cohabiting with the Petitioner and has deprived the Petitioner of all the marital rights of a wife.

5.              That the Respondent had been an alcoholic all his life. However, since last 2-3 years the habits of alcoholism have risen to the all time high. The Respondent is a heavy drinker and consumes alcohol on a daily basis as soon as he reaches home every evening.  That everyday, the Respondent drinks about a bottle of liquor. That after drinking the liquor, the Respondent not only hurls abuse upon the Petitioner but also threatens the Respondent as well as the children of dire consequences.

6.              That the Respondent has made the Petitioner financially dependent upon him as inspite of having a meritorious academic background, the Respondent never allowed the Petitioner to work and develop her independent source of earning. The Petitioner has been seriously deprived of the necessities of life and since past more than 4 (four) months, the Respondent is not giving even the basic minimum monetary contribution so as to meet the expenses of the house. It is trite to mention that at present, it is only the Respondent who is the earning member of the family as both the children are trying to even meet their ends and complete their qualification somehow. That the Respondent in all disregards of his obligations / responsibilities towards the Petitioner as well as the children is living a life according to his own whims and fancies.

7.              It is trite to mention that around 2008, the Petitioner owing to the habits of alcoholism and violent behavior of the Respondent; the Petitioner was compelled to leave the shared household. As the Petitioner was not receiving any monetary aid from the Respondent; the Petitioner secured a meager job so as to sustain her day-to-day expenses and to support her children. That the Petitioner could secure the job only after sustained efforts as no employer was wiling to give the Petitioner a job because of her age.  However, due to timely intervention of the relatives, the Respondent pleaded guilty and sought forgiveness from the Petitioner and assured the Petitioner that the Respondent would not drink alcohol and would also adequately take care of their expenses and financial needs of the Petitioner and her children. However, the Respondent assured the aforesaid subject to the condition that the Petitioner would not join any employment; the Petitioner in order to maintain peace and comity in the family accepted the condition put forth by the Respondent and left her job.

8.              That since last four months, the Petitioner many a times went to the Respondent for the release of basic minimum monetary contribution so as to meet out the day-to-day expenses of the house and to maintain herself. The Respondent instead of contributing to the concern of the Petitioner, every time responds furiously and threatens the Respondent with dire consequences in the following words:

“ Shukar kar abhi ghar se nahi nikal rahan tum logon ko. Agli baar kharcha maangne aayi ton thapad maar ke ghar se bahar nikaal doonga”

“Paisa chaiye to chori kar, ya dakka dal, par mujhse maangne ki himmat mat kar.”

9.              The aggressive behavior of the Respondent is not only limited to hurling abuses upon the Petitioner and her children but also the Petitioner gets physically violent upon the Petitioner and children.

10.          It is pertinent to mention that the Respondent and his family members had always dissuaded the Petitioner from taking any work as the Respondent prior to her marriage kept on assuring that the Respondent would take care of the financial and monetary requisites of the Petitioner. However, post marriage of the Petitioner with the Respondent; the Petitioner was kept hand to mouth by the Respondent.

11.            That the Petitioner is a diabetic and low blood pressure patient and requires medicines on a daily basis. That the Petitioner being a legally wedded wife of the Respondent is also entitled to the free medicines as the Respondent is employed as an ESI doctor. That inspite of the fact that the Respondent would not have to incur any financial cost to purchase the medicines of the Petitioner; the Respondent is still reluctant to provide the requisite medicines to the Petitioner.

12.           That the children have suffered hugely due to the ill treatment of the Respondent. That the Respondent has never acted as a responsible father to both children. That inspite of the fact that the Respondent is a man of means and has multiple sources of revenue, the Respondent has refused to sponsor future educational initiatives of the children. That the Respondent has also refused to provide the children with basic day to day to expenses; all of which has hugely jeopardized the psyche of the children. The Respondent after drinking alcohol not only mis-behaves but also hurls abuses upon the children.

13.           That the Petitioner for the last six months is surviving on the contribution and help of her brother and her relatives. It is pertinent to mention that the Respondent owing to his whims and fancies never allowed the Petitioner to maintain relationship with her brother and other relatives. However, inspite of the obnoxious behavior of the Respondent towards the Petitioner’s family members, the Petitioner could only survive the hardships due to the financial and mental support from her brother and her relatives. However, at present even the brother and the relatives of the Petitioner have expressed their inability to support further. The Petitioner, therefore, is compelled to approach this hon’ble court.

14.          That Petitioner has not only been neglected but also the Respondent has refused to maintain the Petitioner. The aforesaid acts of neglect and cruelty have left a deep impact upon the psyche of the Petitioner. The constant neglect and regular acts of cruelty have led to development of suicidal tendencies in the Petitioner.

15.           That applicant is an aggrieved person who has been in a domestic relationship with the respondent and has been subjected to acts of domestic violence committed by the respondent.

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

17.           That petitioner is moving separate complaint under section 406/498-A of IPC against the Respondent due to various unlawful acts committed by him during her stay at matrimonial home giving all the details of the kind of cruelties committed by him in addition to aforesaid incidents.

18.          That Respondent from his income from the aforesaid profession and other businesses has made following assets which are in the knowledge of the Petitioner and same are as under: -

(i)            __________________, Noida,.

(ii)          __________

(iii)        Besides aforesaid assets, he also has ______________, F.D.Rs, Bank Accounts etc.

(iv)        That Respondent have huge amount of FDRs in addition to the handsome bank balance in the accounts maintained with the ____________________

19.          That Petitioner is without any income or source of income and is living at the first floor in the property in a separate room with a constant fear for her life and safety. That Petitioner is entitled to live in similar life style as per the status of the Respondent and their children need same degree of comforts as in the Respondent’s home. 

20.         That the cause of action accrued in favor of the applicant and against the respondent on different occasions when the applicant received atrocities at the hands of respondent and when the respondent threatened the applicant to oust from her matrimonial house and the respondent refused to keep the applicant in their home and threatened the applicant and her family members with dire consequences. Hence the cause of action is still continuing one.

21.           That Respondent is a man of means working as a Doctor with the ________hospital in the NFSG (Non-functional selection grade) at _______dispensary, Noida and is earning Rs._________ /- per month and for the life of the same status, Petitioner is entitled for which Petitioner needs Rs.______ /- per month for food, cloth, medicine, and for paying the maintenance and education, books cloths of the children. Besides Petitioner needs Rs._________ /- as fees for the Advocate to provide her legal help and guidance. 

22.          That the Respondent has deprived the petitioner from her matrimonial company and society without any just and reasonable excuse.

23.          That the petitioner is fully dependent upon the children of the petitioner for their day-to-day needs and requirement.

24.         That the applicant along with her children is presently residing at her shared household within the jurisdiction of Police Station _______, Noida therefore, this Hon’ble Court has got jurisdiction to try and decide the present complaint.

25.          That applicant due to the acts of the domestic violence committed by the respondent has been force to present application before this Hon’ble Court.

P R A Y E R

It is, therefore, prayed that application filed by the applicant may kindly be allowed and the Hon’ble Court may kindly be pleased to pass the following orders :-

A.       Direct the Respondent to pay an amount of Rs. _______/- per month as maintenance to the petitioner for maintaining herself and her children and Rs. _______/- as a litigation to the petitioner.

B.       Such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also passed in favour of the petitioners and against the Respondent to meet the ends of justice.

PETITIONER

DELHI                          THROUGH

DATED                                                                          

________________

ADVOCATE

______________,

New Delhi-110013.

VERIFICATION :-

The Petitioner above named states on solemn affirmation that the contents of paras 1 to ____ of the above petition are true to my knowledge and those of paras ____ to ____ are true upon information and legal advice received and believed to be correct. Last para is prayer to the Hon’ble Court.

Verified at Delhi on this the ____, day of June, 2016.

PETITIONER

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

MT. PETITION NO. _____ 2016.

IN THE MATTER OF :-

_____________                         : PETITIONER

VERSUS

__________________                                : RESPONDENT

AFFIDAVIT

Affidavit of________________________, do hereby solemnly affirm and declare as under :-

1.       That I am the Petitioner in the above said case and well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of the accompanying petition Under Section 125 of Cr.P.C. have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

3.       The facts stated therein may kindly be read as part and parcel of the present Affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATON :-

          Verified at Delhi on this ___, day of June, 2016 that the contents of the above Affidavit are true and correct to my knowledge, nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

MT. PETITION NO. _____ 2016.

IN THE MATTER OF :-

_________________________                       : PETITIONER

VERSUS

__________________                                : RESPONDENT

APPLICATION UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE, FOR GRANT OF INTERIM MAINTENANCE FOR THE PETITIONER.

MOST RESPECTFULLY SHOWETH:-

1.               That the petitioner has filed the annexed petition under section 125 of the Code of Criminal Procedure for grant of maintenance against the respondent and the same is pending for disposal before this Hon'ble Court.

2.              That the contents of the said petition may be read as part and parcel of this application and the contents of the same have not been repeated herein for the sake of brevity and the Applicant craves to leave to refer the same at the time argument.

3.              That the Respondent has deprived the petitioner from her matrimonial company and society without any just and reasonable excuse.

4.              That the petitioner is fully dependent upon the relatives or her day-to-day need and requirement.

5.              That Respondent is man of means and status has various sources of income. The Respondent has no other liability towards any of his family members as mentioned above.

6.              That the petitioner is a house wife and has no independent source of income. The Respondent on a regular basis is threatening to oust the Petitioner and her children from the shared household.

7.              That Respondent is a man of means working as a Doctor with the_________ hospital in the NFSG (Non-functional selection grade) at sec_______, Noida and is earning Rs.______ /- per month and for the life of the same status, Petitioner is entitled for which Petitioner needs Rs.___________ /- per month for food, cloth, medicine, and for paying the maintenance and education, books cloths of the children. Besides Petitioner needs Rs.________ /- as fees for the Advocate to provide her legal help and guidance. 

8.              That the Respondent has deprived the petitioner from her matrimonial company and society without any just and reasonable excuse.

9.              That the petitioner is fully dependent upon the children of the petitioner for their day-to-day needs and requirement.

10.          That the petitioners have prima-facie good case and balance and convenience is also heavily lies in their favor and if the interim maintenance as prayed for is not passed in favour of the petitioners, the petitioners shall suffer great irreparable loss and injury in case the interim reliefs are not granted to the Petitioner.

P R A Y E R

It is therefore prayed that the present application may be allowed  and the Respondent may direct the Respondent to pay an amount of Rs. _______/- per month as maintenance to the petitioner for maintaining herself and her children and Rs. _______/- as a litigation to the petitioner and in the interest of justice.   

Pass such further order or order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.

It is Prayed Accordingly,

DELHI                                                                  PETITIONER

THROUGH

DATED                                            

____________

ADVOCATE

______________,

New Delhi-110013.
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

MT. PETITION NO. _____ 2016.

IN THE MATTER OF :-

___________________                   : PETITIONER

VERSUS

_______________                                        : RESPONDENT

AFFIDAVIT

Affidavit of_____________, do hereby solemnly affirm and declare as under :-

1.       That I am the petitioner in the above said case and well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of the accompanying application under section 125 of Cr.P.C. have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

3.       The facts stated therein may kindly be read as part and parcel of the present Affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATON :-

          Verified at Delhi on this ___, day of June, 2016 that the contents of the above Affidavit are true and correct to my knowledge, nothing material has been concealed there from.

DEPONENT