PETITION FOR MAINTENANCE UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE

Non-Judicial Stamp Paper is required for this contract to be sworn before a First Class Magistrate or a Notary in the State. Check stamp duty charges in another state: Select state
Andaman & Nicobar Islands
Andhra Pradesh
Arunachal Pradesh
Assam
Bihar
Chandigarh
Chhattisgarh
Dadra & Nagar Haveli
Daman & Diu
Delhi
Goa
Gujarat
Haryana
Himachal Pradesh
Jammu & Kashmir
Jharkhand
Karnataka
Kerala
Lakshdweep
Madhya Pradesh
Maharashtra
Manipur
Meghalaya
Mizoram
Nagaland
Odisha
Other Territory
Puducherry
Punjab
Rajasthan
Sikkim
Tamil Nadu
Telangana
Tripura
Uttar Pradesh
Uttarakhand
West Bengal

Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.

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


 

GUIDELINE

Guidelines for Drafting a Petition for Maintenance under Section 125 of the Criminal Procedure Code (CrPC):

A petition for maintenance under Section 125 of the CrPC is used when an individual, typically a wife, child, or parent, seeks financial support from a spouse, father, or child who has the means to provide maintenance but neglects to do so. Here are guidelines for drafting such a petition and common mistakes to avoid:

Identification: Clearly identify the petitioner (the person seeking maintenance) and the respondent (the person from whom maintenance is sought) with their names, addresses, and other relevant details.

Relationship Details: Describe the relationship between the petitioner and respondent, emphasizing why maintenance is being sought.

Financial Details: Provide an accurate account of the petitioner's income, assets, and financial needs, along with similar information for the respondent.

Prayer for Relief: Clearly state the relief sought, including the specific amount or type of maintenance required.

Supporting Documents: Attach supporting documents, such as income statements, bills, or medical reports, to substantiate the petitioner's claim.

Common Mistakes to Avoid:

Incomplete Information: Ensure that all required details, such as addresses, income, and expenses, are accurately provided in the petition.

Lack of Legal Consultation: Seek legal counsel or consult with an attorney experienced in family law to ensure adherence to legal procedures and documentation.

Misrepresentation of Facts: Avoid making false claims or misrepresenting financial circumstances, as this can lead to legal consequences.

Not Responding to Court Orders: Be prompt in responding to court orders and attending hearings to avoid adverse judgments.

Ignoring Alternate Dispute Resolution: Consider mediation or negotiation to settle the maintenance dispute amicably before resorting to a court petition.

Failure to Update Financial Information: If there are significant changes in financial circumstances, ensure that the court is informed promptly.

Drafting a petition for maintenance under Section 125 of the CrPC is a legal remedy to secure financial support when it is warranted. Adherence to legal procedures and the presentation of accurate and complete information are crucial for a successful petition. Legal consultation is advisable to navigate the complexities of family law and court proceedings effectively.

Share This Document :