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
