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

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APPLICATION UNDER SECTION 91 OF THE CODE OF CRIMINAL PROCEDURE

In the court of Judicial Magistrate Ist class, District XX

A.B.C.

........... Complainant

Versus

X.Y.Z

.............Accused

Application under section 91 of the Code of Criminal Procedure

Sir,

Respectfully, It is submitted as under :

1. That the above titled complaint is pending in this Hon'ble Court and is fixed for today.

2. That the C.W.-1, complainant, has appeared into the witness box during the complainant evidence and during cross examination, he has specifically stated that he was maintaining the balance sheet and account books of the complainant firm and has also shown the payments allegedly given to the accused against the cheque in question in the account books and balance sheet. Whereas the defence of the accused is that he taken only Rs. ________/- against the undated and blank cheque given to the complainant as collateral security. The complainant has himself filled the blank cheque for Rs. ________/- to extort money from the accused.

3. That the stand of the complainant can be falsified from the entries in the account books and balance sheet of the complainant firm and would show that the accused are not liable to pay Rs. _________/- as mentioned in the cheque and alleged in the complaint.

4. That the accused requests that the complainant may kindly be directed to place on record the copies of the relevant entries in the account books and balance sheet show what amount was paid to the accused against the cheque in question.

               It is therefore respectfully prayed that the keeping in view the above detailed submissions present application may kindly be allowed and the complainant may kindly be directed to place on record the original or attested copies of the relevant entries in the name of the accused in the account books and balance sheet to show as to what amount was paid to the accused against the cheque in question, by passing an appropriate order in the interest of justice.

Applicants/accused

Date:

Through Counsel :

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Affidavit alongwith Application for Bail U/s 438 Cr.P.C.– Non-appearance in Lower Court – (Reason wrong date)

NOTE: Please check the Sample Application for Bail U/s 438 Cr.P.C.

 

In The Hon’ble Court of Sessions Judge, Jalandhar


 

xxxxxxx

… Accused/Applicant

Versus

State

FIR No. __ dated ________

U/s ___________________

Police Station ___________
 

 

First Bail Application U/s 438 Cr.P.C.

Affidavit

 

I, ______________ aged about  ____   years S/o, W/o, D/o ____________ R/o ________________________________ do hereby solemnly affirm and declare as under :-

 

1. That this is first bail application U/s 438 Cr.P.C., no bail application have been filed, pending or decided by any competent Court of law including Punjab & Haryana High Court, Chandigarh.

Deponent

Verification:
 

Verified that the contents of my above affidavit are true and correct and nothing has been concealed therein.

Verified at _____________ on

Deponent

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First Application for Bail U/s 438 Cr.P.C.– Non-appearance in Lower Court – (Reason wrong date)

In The Hon’ble Court of Sessions Judge

xxxxxxx

… Accused/Applicant

Versus

State

FIR No. __ dated _________

U/s ______________________

Police Station ____________

 

First Bail Application U/s 438 Cr.P.C. on behalf of applicant for issuing the directions to the Ld. Trial court of sh. __________, CJM to release the accused/applicant on bail in the event of his surrender or appearance before the court. 

And 

Further issuing directions to the SHO/ I.O./ A.O. of Police Station _____________ to release the accused/applicant on bail, in event of their arrest, in the above noted case

Sir,
It is respectfully submitted as under:-
 

1. That the above mentioned case titled as “State V/s _____________” is pending before the Hon’ble court of Sh. __________, CJM and is fixed for ___________.

 

2. That the accused/applicant appeared before the Hon’ble Court of Sh. __________, CJM on _____________ and the case was fixed for ____________. But, the accused/applicant had wrongly note down the date as ___________ instead of ___________ and then the accused/applicant had gone to out of station, then the co-accused has informed the accused/applicant telephonically that the date of his case was _____________ and due to non appearance of the accused/applicant, his bail bonds and surety bonds has been cancelled by the court vide order dated _____________ and non-bailable warrants has been issued. 

 

3. That the accused/applicant is vigilant litigant and wants to join the proceeding of the case, but due to issuance of non-bailable warrants, the accused/applicant has apprehension that he may be arrested at the time of his appearance before the said court.

 

4. That the accused/applicant had been appearing regularly before the Hon’ble Court of Sh. __________, CJM on each and every date of hearing.

 

5. That the accused/applicant undertakes to appear before the Hon’ble Court of Sh. __________, CJM on each and every date of hearing, if released on bail.

 

6. That all the offences are bailable one.

 

7. That the accused/applicant further undertakes that he shall not misuse the concession of bail, if granted to him.

 

8. That the accused/applicant further undertakes to abide by all the terms and conditions, which may be imposed by this Hon’ble Court, while granting the concession of bail to him.

 

It is therefore, respectfully prayed that necessary directions may kindly be issued to the Hon’ble Court of Sh. __________, CJM to release the accused/applicant on bail, in the event of his surrender/appearance before the said court.

 

It is further prayed that the interim bail may kindly be granted to the accused/applicant, till the final disposal of the bail application, in the interest of justice, equity and fair play.

Dated:

Accused/Applicant

Through Counsel:-




Note: For Supporting Affidavit CLICK HERE

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Section 438 The Code of Criminal Procedure, 1973 - Anticipatory Bail - Sample Application

Anticipatory Bail

Section 438 of the Code of Criminal Procedure, 1973 provides that when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this section, and that Court may, if it.

Full Explanation of Section 438  Cr.P.C

Points of Consideration:-

1. A person may be accused of a Bailable or a Non Bailable offence. But the Application U/s 438 Cr.P.C. can be made for every offense, even U/s 302 IPC.
2. Affidavit required by the accused/applicant.
3. You may give reference to any FIR or can make application in general form.

SAMPLE:-

BEFORE THE COURT OF SESSIONS JUDGE 

IN THE MATTER OF 

STATE 

VS 

(Mention the name of the applicant) 

FIR Number: (Mention the FIR number & DATE)

 Under Section: (Mention the sections under which the FIR has been filed)

 Police Station: (Mention the name of the Police Station)

First bail application U/S 438 Cr. P.C. on behalf of accused/applicant for

issuing the directions to the SHO/ I.O./ A.O. of Police Station: (Mention the name of the Police Station) to release the accused/applicant on bail, in event of his arrest, in the above noted case 

Hon’ble Sir,

It is respectfully submitted as under:-

1. That the accused/ applicant is law abiding and peace loving citizen and belongs to respectful family.

2. That the accused/ applicant has not committed any offence and is totally innocent.

3.  That the accused/ applicant is falsely implicated in this case and false case has been registered by the Police Station: (Mention the name of the Police Station) against the accused/ applicant.

4.  That on the bare perusal of the FIR nothing is against the accused/ applicant and no offence is made out against the accused/ applicant.

5.  That the accused/ applicant is falsely implicated in the above noted case and has not committed any offence as alleged.

6. That accused/ applicant undertakes that he will not abscond or leave the territorial jurisdiction of this Hon’ble Court without prior permission and he will also not tamper with prosecution evidence in any manner, if he is admitted to bail.

7.  That the accused/ applicant undertakes that he will not misuse the concession of bail if he admitted to bail.

8.  That accused/ applicant is ready to join the investigation as and when required.

9.  That accused/ applicant further undertakes that he will abide by all terms and conditions imposed by this Hon’ble court while granting concession of bail.      

          It is therefore prayed that necessary directions to the SHO/ I.O./ A.O. of Police Station: (Mention the name of the Police Station) to release the accused/applicants on bail, in event of his arrest, in the above noted case, may kindly be issued, in the interest of justice.

                                                     And

        It is further prayed that the applicant/ accused may also be admitted to the interim anticipatory bail till the final decision of this bail application.

Dated:

 APPLICANT 

 THROUGH COUNSEL

 DOWNLOAD DOC FILE FROM HERE

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Section 437 The Code of Criminal Procedure, 1973 - Sample Application

Following is the all explained Section 437, Cr.P.C. and the Sample/Specimen/Proforma of Application for granting bail U/s 437 Cr.P.C.

Full Explanation of Section 437  Cr.P.C.

Points of Consideration:-

1. A person may be accused of a Bailable or a Non Bailable offence. In case of a bailable offence, the accused has a right to secure his release by applying for bail under S. 436(1) of Cr P C, while in case of non-bailable offence, the accused may be released by the court on its discretion after he applied for bail under S. 437(1) of Cr P C. In case of a bailable offence, if the accused in indigent, he may be released my executing a personal bond without sureties.
2. The application for bail is made to the court in which the accused is tried (that depends on the offence). However, S. 439 gives special powers to HC and Court of Session to release a person on bail (after imposing certain  conditions), and so an application may be made to HC or Court of Session as well if the person is under arrest.
3. No Verification, Notary, and Affidavit required.

SAMPLE:-

BEFORE THE COURT OF (give the name of the police station or the Illaqa Magistrate where the bail application is being filed) 

IN THE MATTER OF 

STATE 

VS 

(Mention the name of the applicant) 

FIR Number: (Mention the FIR number & DATE)

 Under Section: (Mention the sections under which the FIR has been filed)

 Police Station: (Mention the name of the Police Station)

APPLICATION UNDER SECTION 437 Cr.P.C. FOR GRANT OF BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail along with his fathers name, address and other details) 

MOST RESPECTFULLY SUBMITTED AS UNDER: 

 1. That  the  present  FIR  has  been  registered  on false  and  bogus  facts. The facts stated in the FIR are         fabricated, concocted and without any basis. 

2. That the police has falsely implicated the applicant and arrested him in the present case, the applicant is a        respectable citizen of the society and is not involved any criminal case. 

3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any        criminal offence at all. 

4. That  the  applicant  is not   required   in  any kind of investigation nor any kind of custodial interrogation is     required, nor any recovery is to be made at the instance of the applicant. 

5. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case     pending against them. 

6. That the applicant is a permanent resident and there are no chances of his absconding from the course of        justice. 

7. That the applicant undertakes to present himself before the police/court as and when directed. 

8. That   the   applicant   undertakes   that   he  will not,  directly or indirectly make any inducement, threat or     promise  to  any  person  acquainted  with the facts of the case so as to dissuade him from disclosing such     facts to the Court or to any police officer. 

9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner. 

10. That the applicant shall not leave India without the previous permission of the Court. 

11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or       the police in connection with the case. 

PRAYER 

It is therefore prayed that the court may order for the release of the applicant on bail in the interest of justice. Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant. 

Dated:

 APPLICANT 

 THROUGH COUNSEL

 DOWNLOAD .DOC FILE FROM HERE

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