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  • Petitions & Pleadings / MAINTENANCE-APPLICATION-BY-WIFE-under-section-125-of-CrPC

Petitions & Pleadings

MAINTENANCE APPLICATION BY WIFE

 

IN THE COURT OF THE JUDGE FAMILY COURT ____________

 

Maintenance Application No. _________ 20__

 

______________________________ Applicant

                            VERSES

______________________________Opponent

 

APPLICATION FOR MAINTENANCE U/S 125 OF THE Cr. P.C. 1973

 

The applicant above named submits this petition, praying to state as follows:

1.      That the applicant is the wife of the opponent, their marriage having been solemnized at on according to the Hindu religion, vedic ceremonies and ceremonies.

2.      That the applicant prior to the marriage was known by her maiden name as _______ while there is no change resulted in the name of the opponent.

3.      That after the marriage, the applicant and the opponent cohabited and resided together for about two and a half years, and during this period, the opponent begot no child.

4.      That since the applicant did not beget a child, the opponent started to ill-treat this applicant, and on a number of occasions, she was driven out of the matrimonial house, and then, the applicant had no other go but to stay with her parents against her and their wishes.

5.      That the applicant and her parents tried their best to convince the opponent and his parents that the fault of not be getting a child does not lie on the applicant, but the opponent did not listen to the same and also did not allow this applicant to cohabit with him.

6.      That the applicant submits that she has already undergone the necessary medical tests, and from the reports given by the specialised experts and doctors, it is confirmed that there is no fault on the part of the applicant for not be getting a child.

7.      That the applicant also submits that she tried to go to the applicant for cohabitation on more than three occasions, but the opponent did not allow her to do so, and on the contrary, he finally told the applicant that she should never think of living and cohabiting with him anytime in future.

8.      That the opponent is in the habit of consuming alcohol, and under the influence of drink and his parents besting the applicant up mercilessly.

9.      That the applicant is, thus, forced to stay with her parents who are very poor.

10.  That the applicant is illiterate, and she is unable to maintain herself.

11.  That the opponent is a doctor working at the Sassoon General Hospitals, Pune, and is drawing a salary of Rs. _________   /- per month, and even though he has sufficient means, the opponent has refused and neglected to maintain this applicant, and hence, this applicant.

12.  That the applicant also submits and states that the opponent has contracted marriage to another woman, one Mona, who is also working in the said Hospital as a Staff Nurse.

13.  That the applicant also served upon the opponent a notice, on, calling upon him to pay unto the applicant a maintenance allowance @ Rs. ___________  /- per month, but the opponent has not done so, and hence this application.

14.  That the applicant is residing within the local limits of the jurisdiction of this Court, and hence, this Hon'ble Court has jurisdiction to try and decide this application.

15.That this application being chargeable with a fixed rate of Court fee, the same is paid herewith.

16.That the applicant, therefore, prays that:-

a)  This application is kindly allowed, and the opponent is ordered to pay up to  this

applicant maintenance allowance @ Rs. ______ /- per month from the date of this

application;

b)  The Costs of this application be awarded from the opponent;

c)   Any other orders in the interest of justice are kindly passed.

 

Place: ____________________

 

Date: ____________________

                                                                                                     

Sd/- _________________

APPLICANT

 

Sd/- ____________________

ADVOCATE FOR APPLICANT

 

 VERIFICATION

 

I, Smt. the present applicant, do hereby state on solemn affirmation that the contents of this application in paragraphs 1 to 16 are true and correct to the best of my knowledge and belief, so I have signed hereunder.

 

 

Sd/-  ___________________

 

APPLICANT


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