Application by wife for maintenance under S. 125 of CrPC

Important points
  1. As per S. 125 of Cr P C an application for maintenance should be made to Judicial Magistrate First Class.

In the Court of Judicial Magistrate Ist Class at Indore

Maintenance Petition No. ... / 2009
A. B. w/o B. C.
123, A B Road, Indore, MP                            .........................................  Petitioner


M. N. s/o O. P.
456, A B Road, Indore, MP                            .........................................  Respondent

Application for maintenance by wife under S. 125 Cr P C, 1973

The aformentioned petitioner begs to state as under:-

  1. That the petitioner is the wife of the respondent, their marriage having been solemnized at Indore on 10/10/2006 according to the Hindu religion, vedic ceremonies.
  2. That after the marriage, the petitioner and the respondent cohabited and resided together for about threeyears, and during this period, the petitioner did not bear any child.
  3. That since the petitioner did not bear a child, the respondent started to ill-treat her, and on a number of occasions, she was driven out of the matrimonial house, and had no other go but to stay with her parents against her and their wishes.
  4. That on 10/10/2009, the repondent beat the petitioner up and threw her out of the house and did not let her come back in the house.
  5. The petitioner and her parents tried their best to convince the respondent and his parents but the respondent did not allow the petitioner to cohabit with him.
  6. That the petitioner is, thus, forced to stay with her parents, who are very poor.
  7. Due to extreme emotional stress, that the petitioner is not able to pursue any job or vocation and so is unable to maintain herself.
  8. That the respondent is employed in XYZ Company and is drawing a salary of Rs. 20,000/- per month, and even though he has sufficient means, the respondent has refused and neglected to maintain the petitioner.
  9. That the petitioner served upon the respondent a notice, on  20/10/2008 calling upon him to pay to the petitioner a maintenance allowance @ Rs. 5000/- per month, but the opponent has not done so, and hence this application.
  10. That the petitioner resides within the local limits of the jurisdiction of this Court, and hence, this hon’ble Court has jurisdiction to try and decide this application.
  11. That this application being chargeable with a fixed rate of Court fee, the same is paid herewith.
  12. That the petitioner, therefore, prays that –
    (a)  This application be kindly allowed, and the opponent be ordered to pay to this petitioner maintenance allowance @ Rs. 5000/- 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 be kindly passed.

Place: ………………….                                                                            (Signature of the Petitioner)
Date: …………………..                                                                            

                                                                                                                        Advocate for Petitioner

 I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2009.