PETITION UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE FOR THE GRANT OF MONTHLY MAINTENANCE

In the court of Judicial Magistrate Ist class . District XXX

A.B.C

.......Petitioner

Versus

X.Y.Z

..............Respondent

Petition under section 125 of the Code of Criminal Procedure for thE grant of monthly maintenance.

Police Station :………………………                        District .............

Sir,

Respectfully, the humble petitioner submits as under:

1. That the marriage of the petitioner with the respondent was solemnized as per the Hindu rites and ceremonies on ................. at ................ The marriage was duly consummated and a daughter namely ...............was born from the wedlock. The daughter now aged about ____ years is under the care and custody of the petitioner.

2. That the marriage between the parties was arranged one and same was solemnized with much fanfare. The parents of the petitioner spend enough money on the marriage much beyond their means according to the demand of the family of the respondent. Though at the time of the marriage, the parents of the petitioner had given enough dowry to the respondent and his family in the form of gold jewellery, __________, __________, _____________, _________, ___________, __________, 101 utensils, 11 beddings, one Patti and Air conditioner but same were was not enough to satiate the lust of the respondent and his family. After few days of the marriage, the attitude of the respondent and his family towards the petitioner got totally changed. The respondent started abusing and beatings the petitioner to force her to demand money from her parents for him and his family. The respondent is a chronic drunkard and he used to take liquor and other intoxicants everyday and under the influence of liquor, he used to abuse, assault and beat the petitioner on trivial matters.

3. That the respondent and her mother namely..............always taunted the petitioner that her parents had not given dowry as per their status and they had married their son in the family of beggars. The mother of the respondent always instigated him to abuse, beat and humiliate the petitioner on one pretext or the other. The petitioner tolerated the cruel and uncivilized behavior of the petitioner only in the hope that one day better sense would prevail upon him and his family and with the passage of the time, they would mend themselves but behavior and conduct of the respondent and his family kept on becoming unpleasant, cruel and humiliating with the passage of time. The demands of the respondent and his family also kept on increasing and parents of the petitioner paid Rs. __________/- in the year _______ and Rs. __________/- in the year __________ just to save the marriage of their daughter and to save her from everyday abuses and beatings. The respondent and his family started compelling and harassing the petitioner to force her parents to purchase a new car for them for the last one year but the petitioner kept on requesting to him that her parents were not in a position to arrange huge, money for the purpose of purchase of a new car but the respondent and his family refused to listen anything and kept on pressing the petitioner and her parents for the same. The respondent al misappropriated the entire gold ornaments given to the petitioner by her parents as 'Istridhan' at the time of marriage by forcibly taking the same from the petitioner.

4. That many a time, parents and relatives of the petitioner had intervened to make the respondent understand his responsibilities  and to behave properly with the petitioner but the respondent never took them seriously and did not change his rude and unpleasant behaviour with the petitioner.

5. That on ...................., the respondent and his family again started pressuring the petitioner to bring Rs. __________/- from her parents for the purpose of purchase of a plot for the construction of a new house but the petitioner humbly refused to ask her parents for such a big amount and told the respondent that her parents had recently married her younger sister so there is no money left with her parents but on listening such words from the petitioner, the respondent became furious and assaulted the petitioner with a stick and severely beat her and threatened to kill her if her parents refused to pay the money. The petitioner made a telephonic call to her father and told him the entire episode. The father of the petitioner along his elder son reached the house of the respondents at about ______ and saved her from the clutches of the respondent. The respondent and his parents again reiterated the demand of Rs. __________/- before the father and brother of the petitioner but the father of the petitioner showed his inability for the payment of the same and requested the respondent and his family not to harass and humiliate the petitioner. On hearing the words of the father of the petitioner, the respondent openly declared that if he (father of the petitioner) did not pay the money, his daughter has no place to reside in his house and he should take her to their home along with him.

6. That the father of the petitioner took her with him to the police station .............. Amritsar and complained to the police but the police officials refused to intervene into the matter and told the petitioner and her father to approach the S.S.P. _________ for action against the respondent and his family.

7. That since ................., the petitioner is residing with her parents in her parental house as the respondent has refused to keep her in his house with respect and dignity of a wedded wife.

8. That the petitioner is a house wife and she does not have any independent source of income to maintain herself. She is living with her parents for the last six months and they are bearing the day to day expenses of the petitioner. She also does not own any movable or immovable property and is completely dependent upon her parents for her maintenance.

9. That the respondent is a man of means. He is running / working as ________________ at ...................... and his monthly income of more than Rs. __________/-. He is under legal obligation to maintain the petitioner but he has refused to do so without any reasonable cause and has neglected to maintain the petitioner.

               It is therefore respectfully prayed that keeping in view the above detailed circumstances and submissions, an order directing the respondent to pay a sum of Rs. _________/- as monthly maintenance per month to the petitioner, may kindly be passed and the respondent may be further directed to pay a Cum of Rs. ________/- as litigation expenses to the petitioner in the interest of justice.

Petitioner

Date:

Through Counsel

Verification:-

Verified that the contents of this petition from Para no. 1 to 9 are true and correct to the best of my knowledge and belief and noting has been concealed or stated incorrect therein. Verified at Amritsar. On

Petitioner