An application for maintenance u/s 125 of the criminal procedure code 1973

(FOR A WIFE)

IN THE COURT OF THE JUDGE FAMILY COURT,…………….

AT………………..

Maintenance Application No.___________________________ ./ 2010

Smt._________ W____ .                                                 )

Age 25years, occupation – Nil,                                        )        Applicant

Resident of  C/o Shri DAD,                                             )

MUMBAI 400011.                                                              )

Versus

Shri_________ H__________________________ )

Age 30 years, occupation – Service,                             )         Opponent

Resident of 1050 Sadashiv Peth,                                 )

MUMBAI 400 030.                                                            )

AN 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 Mumbai, on according to the Hindu religion, vaidic ceremonies and ceremonies.

2. That the applicant prior to the marriage was known by her maiden name as Kumari Urmila, 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 begetting 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 specialized experts and doctors, it is confirmed that there is no fault on the part of the applicant for not begetting 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, Mumbai, and is drawing a salary of Rs. 20,000/- 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 Vaishali, 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. 1,200/- 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 be kindly allowed, and the opponent be ordered to pay unto this applicant maintenance allowance @ Rs. 1,200/- per month from the date of this application;

(B)The costs of this application be awarded from the opponent; and

(C) Any other orders in the interest of justice be kindly passed.

Mumbai,                                                                                     

  Sd/- W

Dated__ .                                                                               

APPLICANT

           Sd/- xXx

ADVOCATE FOR APPLICANT

VERIFICATION

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

   Sd/- W

                                                                                                                                      APPLICANT

Subject to the permission of the Court, as the parties shall not be allowed as of right to be represented by legal practitioners, vide the Family Court Act 1984.

Understanding an Application for Maintenance under Section 125 of the Criminal Procedure Code, 1973

The legal framework of India offers protective provisions to ensure the dignity and sustenance of individuals who are unable to maintain themselves. Section 125 of the Criminal Procedure Code, 1973, is one such significant provision designed to safeguard the rights of wives, children, and parents.

Here, we delve into the scenario where a wife seeks maintenance under this section.

The Context of Maintenance Applications

In a typical application for maintenance under Section 125, the wife (hereinafter referred to as “the applicant”) seeks financial support from her husband (the “opponent”).

The application is filed in a Family Court with jurisdiction over the residence of the applicant.

Such applications often highlight circumstances where the husband neglects or refuses to provide financial sustenance despite having sufficient means.

Let us explore a case example to understand the procedural aspects and grounds for seeking maintenance.

Case Overview: Legal Key Points from the Application

1. Marital Status:
   The applicant establishes that she is legally married to the opponent. Their marriage was solemnized under Hindu rites and ceremonies.
2. Cohabitation and Separation:
   The couple cohabited for two and a half years. The breakdown of the marital relationship occurred when the husband began ill-treating the applicant, citing her inability to conceive.
3. Allegations of Cruelty:
   The husband, influenced by societal and personal biases, subjected the applicant to physical and mental cruelty. He even barred her from returning to their matrimonial home.
4. Financial Dependency:
   The applicant is illiterate, unemployed, and financially dependent. She resides with her parents, who are unable to support her.
5. Husband’s Means and Neglect:
   The opponent, a doctor earning a substantial salary, has refused to provide maintenance. He has further complicated matters by marrying another woman.
6. Medical Evidence:
   The applicant supported her claims with medical reports affirming her physical ability to conceive, debunking the husband’s accusations.

Relief Sought by the Applicant

The applicant seeks the following remedies:

• Monthly maintenance of ₹1,200 to sustain herself.
• Reimbursement of legal costs incurred in filing the application.
• Any additional relief the court deems appropriate in the interest of justice.

Legal Provisions and Interpretation

Section 125 of CrPC ensures that wives, irrespective of religion, can claim maintenance if:

• They are unable to maintain themselves.
• The husband has neglected or refused to provide support despite having sufficient means.

The objective of this section is not punitive but preventive. It aims to avoid destitution and uphold the moral and legal obligation of a husband to maintain his wife.

Point Legal Key Takeaways

1. Right to Maintenance:
   The right to maintenance is intrinsic to the dignity of an individual. Courts are likely to order maintenance if the wife’s dependency is established.
2. Burden of Proof:
   The wife must demonstrate her inability to maintain herself and the neglect on the part of the husband.
3. Scope of Relief:
   Courts often balance the financial status of both parties to determine the quantum of maintenance.

Conclusion

An application for maintenance under Section 125 CrPC exemplifies a wife’s recourse to justice when deprived of her rightful support.

It reflects the judicial commitment to protecting individuals from financial abandonment and ensuring social justice.

For tailored advice and effective legal representation in such matters, Legal Light Consulting (LLC) is here to assist you.

Our expertise in family law ensures your rights are protected and justice is served.

Contact Legal Light Consulting Today