Need Draft petition u/s 125 Cr.p.c for maintenance of wife

Kiran Kumar (Lawyer) 27 December 2008

dont mind but why dont u find it in some pleadings book?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 27 December 2008

Yes, Mr. Kiran Kumar is absolutely right.

Srinivas.B.S.S.T ( Advocate) 27 December 2008

Sir the following is a draft copy of Petition under Section 125 of Cr.P.C. Hope it would be of any use to you. One more thing sir, if you file petition under Section 18 HINDU ADOPTIONS AND MAINTENANCE ACT you can even seek attachment of any fixed properties if any in the name of the Respondent. Regards Srinivas BSST

IN THE HONOURABLE COURT OF V ADDITIONAL DISTRICT JUDGE-CUM-JUDGE: FAMILY COURT AT VISAKHAPATNAM

O.P.No. /2008

Between:

ABCD Petitioner

And

XYZ Respondent

PETITION FILED UNDER SECTION 24 OF HINDU MARRIAGE ACT

I. The Petitioner is:

The address of the Petitioner for the purpose of service of court summons and notices is as stated above

II. The Respondent is:

The address of the Respondent for the purpose of service of court summons and notices is as stated above.

III.

(a) The Petitioner submits that her marriage with the Respondent was solemnized on XX-XX-XXXX at Petitioner’s mother place as per Hindu caste customs and religious rites. The Petitioner submits that at the time of marriage as per the demand of the Respondent and his family members, the Petitioner’s mother gave a sum of Rs. XXXXX/- in cash towards dowry, customary gift articles worth of Rs. XXXXXXX/- , a gold chain and one gold ring. The Petitioner submits that although the Respondent is her near relative the Respondent and his parents demanded for dowry and other laanchanams and having no other option the mother of the petitioner paid the amounts as stated above.

(b) The Petitioner submits that her parents performed the marriage with all pomp and gaiety and borne all the marriage expenses. The Petitioner submits that the Respondent and his parents not have even spent a rupee towards marriage expenditure but they made rude comments about the function on the face of Petitioner and her mother. Petitioner submits that her family members bore all the insults without demur with a fond hope that in due course they will be forgotten.

(b) The Petitioner submits that the Respondent from the day one of the marriage used to harass her physically as well as psychologically for each and every silly reason. The Petitioner submits that the Respondent is addicted to bad vices like drinking and gambling and used to ignore the Petitioner completely. The Petitioner submits that many a time she tried to explain about the disorder of the Respondent to her mother as well to her brothers, but they used to tell her to remain calm, as the same will adversely dent the family prestige. The Petitioner submits that her brothers used to console her and convince her to remain with the Respondent. The Petitioner submits that she suffered all the insults and harassment in the hands of the Respondent with an intention to safeguard the family esteem and not to remain as a burden on her brothers silently.

(e) The Petitioner submits that the harassment of the Respondent reached its zenith and he used to beat her indiscriminately without any cause. The Petitioner submits that when she questioned about his highhanded acts, the Respondent grew wild and thrown the Petitioner out of the house. The Petitioner submits that having no other option she came to her mother’s house. The Petitioner submits that when the matter was placed before the elders, the Respondent admitted his guilt and taken her back with him after promising all the elders that he will look after the Petitioner well. The Petitioner submits that the Respondent failed to keep up his promise and started harassing the Petitioner.

(f) The Petitioner submits that it became a ritual for the Respondent to beat her black and blue and throw her out of the house and when elders call for mediation bringing her back by making false promises. The Petitioner submits that she was vexed and exasperated by the attitude of the Respondent and when she questioned the high-handed acts of the Respondent, the Respondent once again thrown her out of the house by beating her black and blue.

(h) The Petitioner submits that after the death of her mother, she is living at the mercy of her brothers. The Petitioner submits that the Respondent is having more than 5 acres of wetland and he is also doing dairy business. The Petitioner submits that the Respondent is earning a sum of Rs. 1,00,000/- per annum through leasing out some extent of the land as well as cultivating the remaining extent. The Petitioner submits that the Respondent is earning a sum of Rs. 6,000/- on the dairy business. The Petitioner submits that the Respondent is having a own house in XXXXXX village. The Petitioner submits that apart from all these the Respondent is doing daily finance business in and around XXXXXX village and earning substantial amounts. The Petitioner submits that the Respondent is not taking care of her and is spending all his amounts on his vices like gambling and drinking. The Petitioner submits that as she is his legally wedded wife and it is the bounden duty of the Respondent to take proper care of her and provide for her living and welfare.

(i) The Petitioner submits that it is the Respondent who had thrown her out of the house and is refusing to allow her into his home. Moreover the Respondent is not looking after the welfare of the Petitioner and not providing any thing for her living as such the Petitioner is entitled to receive maintenance from the Respondent and the Respondent is liable to pay the same.

(k) The Petitioner submits that she is illiterate and she has no source of income for her livelihood. At present the Petitioner is living with her sister’s family and is totally dependant on them for her livelihood. Petitioner submits that her sister and her family are financially unstable and are struggling a lot for their livelihood. Their income is very meager and their income is hardly sufficient for their basic needs. The Petitioner submits that she does not want to depend on her sister and brothers and she needs to maintain herself.

(l). The Petitioner further submits that she has no independent source of income to maintain herself and does not want to be a burden to her sister and in these circumstances unless the Honourable Court is pleased to grant maintenance of Rs.2, 000/- (Rupees Two Thousand Only) to the Petitioner against the Respondent to meet her food, clothing, medicine etc. the Petitioner will be subjected to irreparable loss and hardship.

IV. A Court fee of Rs. /- under article 11(8) of schedule 11 of A.P.C.F. and S.V. Act.

V. The Petitioner, therefore, prays the Honourable Court in the interests of justice that the Honourable Court may be pleased to direct the Respondent:

a) To pay a sum of Rs.2, 000/- (Rupees Two Thousand only) per month to the Petitioner towards her maintenance,

b) To pay costs of the petition,

c) To grant such other relief or reliefs as the Honourable Court deems fit and proper in the circumstances of the case.

PETITIONER

VERIFICATION

I, the above named Petitioner, do hereby verify and declare that the facts stated above are true and correct to the best of my knowledge, belief and information.

Visakhapatnam

Date: PETITIONER