Petition by Wife for Enforcing Maintenance Allowance Ordered by Court under Section 128, Cr PC

In the matter of petition by the wife for enforcing the order as to the payment of maintenance

The humble petition of petitioner (wife) W Most Respectfully :

1. That the opposite party was ordered by Your Honour by Order No……..dated……… passed in Case No. 365 to pay a monthly allowance of Rs. 850 to his wife, the petitioner.
2. That since the order, the opposite party has not paid any money to the petitioner in terms of the aforesaid order or otherwise. A copy of the order which was furnished to the petitioner by the Learned Court is attached hereto.
3. Your petitioner prays that after issuing notice to the opposite party, Your Honour may be pleased to inquire into the statements made in the petition and on being satisfied that they are true, may be pleased to attach the properties of the opposite party mentioned in the Schedule hereunder for enforcing payment or in the alternative, the Learned Court may be pleased to issue a warrant for the arrest of the opposite party and put him into prison for such a period as the Learned Court may deem proper.
4. And your petitioner, as in duty bound, shall ever pray.

The Schedule

All that pieces and parcels of land measuring 5 cottahs with a two-storeyed building thereon being premises No………of…………..

Verification

I, W, daughter of MN and wife of H, residing at………do hereby solemnly affirm and say as follows:

1. I am the petitioner above-named. I know the facts and circumstances of this case and I am able to depose thereto.
2. The statements in the foregoing petition are true to my knowledge and I have not suppressed any material fact.
3. Solemnly affirmed by the said W on……..at the Court House at Calcutta.

Before me Notary/ Proper Officer

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Petition for Enforcing Maintenance Allowance Ordered Under Section 128 CrPC

This article focuses on a specific legal procedure: a Petition by a Wife for Enforcing Maintenance Allowance Ordered under Section 128 of the Code of Criminal Procedure (CrPC) in India.

This petition is filed by a wife to compel her husband to comply with a previous court order directing him to pay maintenance.

Legal Point of the Petition:

• Existence of Maintenance Order: The petition begins by establishing the existence of a valid court order directing the husband to pay maintenance to the wife.
• Non-Compliance by Husband: It alleges that the husband has failed to comply with the maintenance order by not making the required payments.
• Prayer for Enforcement: The petition prays for the court to enforce the order through various means, such as:
  • Attachment of Property: Seeking an order to attach the husband’s property, such as land or buildings, to recover the outstanding maintenance amount.
  • Warrant of Arrest: Requesting the court to issue a warrant for the husband’s arrest and imprisonment until he complies with the maintenance order.
• Supporting Documentation: The petition is typically accompanied by supporting documents, such as a copy of the original maintenance order.

Significance of Section 128 CrPC:

• Enforcing Court Orders: Section 128 CrPC provides a legal mechanism for enforcing court orders related to maintenance payments.
• Protecting the Rights of Spouses: It ensures that spouses who are entitled to maintenance receive the support they are legally entitled to.
• Deterring Non-Compliance: It acts as a deterrent for husbands who may attempt to evade their maintenance obligations.

Importance of Legal Counsel:

It is crucial to consult with legal professionals, such as those at Legal Light Consulting, when filing a petition under Section 128 CrPC. Experienced attorneys can:

• Ensure Legal Compliance: Ensure that the petition complies with all legal requirements and procedures.
• Gather Evidence: Assist in gathering evidence to support the claims made in the petition.
• Represent Your Interests: Advocate for your best interests and ensure that the court order is effectively enforced.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Contact Legal Light Consulting:

For personalized legal advice and assistance with matters related to maintenance enforcement under Section 128 CrPC, please contact Legal Light Consulting.

Our experienced team can provide expert guidance and ensure that your legal needs are met effectively.

Remember: The specific requirements and procedures for filing a petition under Section 128 CrPC may vary depending on the specific jurisdiction and the individual circumstances of the case.

This article provides a general overview of a Petition for Enforcing Maintenance Allowance Ordered under Section 128 CrPC.

It is essential to consult with legal professionals for personalized guidance and assistance