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    Application For Maintenance by Wife Under S. 125 CR P C, 1973

    Uploaded by

    Aditya Pandey
    1) A wife filed an application in the Court of Judicial Magistrate First Class at Indore seeking maintenance from her husband under Section 125 of the Criminal Procedure Code. 2) She stated that she and her husband were married in 2006 and lived together for 3 years but he started ill-treating her and threw her out of the house in 2009 because she did not bear a child. 3) The wife is now staying with her poor parents and unable to maintain herself, while the husband earns Rs. 20,000 per month from his job but has refused to provide maintenance to her.

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    Application For Maintenance by Wife Under S. 125 CR P C, 1973

    Uploaded by

    Aditya Pandey
    253 views2 pages
    1) A wife filed an application in the Court of Judicial Magistrate First Class at Indore seeking maintenance from her husband under Section 125 of the Criminal Procedure Code. 2) She stated that she and her husband were married in 2006 and lived together for 3 years but he started ill-treating her and threw her out of the house in 2009 because she did not bear a child. 3) The wife is now staying with her poor parents and unable to maintain herself, while the husband earns Rs. 20,000 per month from his job but has refused to provide maintenance to her.

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    Original Title

    125 mAINTENANCE-2

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    1) A wife filed an application in the Court of Judicial Magistrate First Class at Indore seeking maintenance from her husband under Section 125 of the Criminal Procedure Code. 2) She stated that she and her husband were married in 2006 and lived together for 3 years but he started ill-treating her and threw her out of the house in 2009 because she did not bear a child. 3) The wife is now staying with her poor parents and unable to maintain herself, while the husband earns Rs. 20,000 per month from his job but has refused to provide maintenance to her.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    253 views2 pages

    Application For Maintenance by Wife Under S. 125 CR P C, 1973

    Uploaded by

    Aditya Pandey
    1) A wife filed an application in the Court of Judicial Magistrate First Class at Indore seeking maintenance from her husband under Section 125 of the Criminal Procedure Code. 2) She stated that she and her husband were married in 2006 and lived together for 3 years but he started ill-treating her and threw her out of the house in 2009 because she did not bear a child. 3) The wife is now staying with her poor parents and unable to maintain herself, while the husband earns Rs. 20,000 per month from his job but has refused to provide maintenance to her.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    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

    Vs.

    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

    Verification
     
     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.

    (Signature)
    Petitioner

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