Petition for Maintenance under Section 125 of CrPC for claiming Maintenance to Wife, Children and Parents.

Format of Petition under Section 125 of Code of Criminal Procedure, for maintenance, download in Ms Word.

As per Section 125 of CrPC (Order for maintenance of wives, children and parents),

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.

The Magistrate may also order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

Sample format of Petition under section 125 of Code of Criminal Procedure, 1973 is given below:

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MRS. W_________ PETITIONER

VERSUS

MR. H __________ RESPONDENT

PETITION FOR MAINTENANCE UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE

MOST RESPECTFULLY SHOWETH:

The Petitioner, above named submits as under:

1. That the Petitioner No. 1 is legally wedded wife of the Respondent.

2. That marriage of the Petitioner was solemnized with Respondent on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. After marriage Petitioner No. 1 started residing at the matrimonial home. Certified copy of the extract from the concerned register is attached herewith as Annexure A.

2. That for about four years, relation between Petitioner No. 1 and her husband Respondent were ordeal, but thereafter the Respondent started treating her with cruelty.

3. That on __________ the respondent turned out the petitioner from the matrimonial home and since then she has been compelled to live at her parental house.

4. That the respondent has never sent any money to the petitioner to meet her expenses and expenses of the minor child.

5. That the petitioner having no source of income is unable to maintain herself and the child.

6. That the Respondent is a Government Employee and earning Rs. 55,000/- per month Net Salary.

7. That the Respondent has no other liability, while the Petitioner is dependent upon him for her day to day expenses.

8. That the Petitioner is accordingly entitled to claim maintenance to meet her day to day expenses.

9. That this Court has the jurisdiction to entertain and try this petition as marriage between petitioner and the respondent was solemnized here and the petitioners are living within the Jurisdiction of this Court.

10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:

P R A Y E R

That the Petitioner, therefore, prays:

a) the Respondent be directed to pay monthly allowance of Rs. 17500/- by way of Maintenance; and

b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.

PETITIONER

THROUGH

______________., Advocate

Place :

Date :

VERIFICATION

I, W, the Petitioner, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me.

Signed and verified this _______ day of _______ 20 _______ at _______

PETITIONER

Format of affidavit to be filed in Support of Petition for Maintenance under Section 125 of CrPC

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MRS. W_________ PETITIONER

VERSUS

MRS. H __________ RESPONDENT

AFFIDAVIT

I, Mr. / Ms. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows:

1. That I am the Petitioner in the accompanying Petitioner under Section 125 of CrPC and well acquainted with the facts of the case.

2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.

3. That the Petitioner has not remarried and has not been guilty of any conduct disentitling her to receive maintenance from the Respondent.

4. That the Petitioner does not own any movable or immovable property and has also no source of income.

Signed at ___________ this ___________ day of ___________20__

DEPONENT

VERIFICATION

I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.

Signed and verified this _______ day of _______ 20 _______ at _______

DEPONENT