Petition by wife under section 125, cr pc for maintenance

In the Court of……………..Judicial Magistrate 1st Class

Case No……………………under s. 125, Cr PC

Petitioner W (wife)                            Opposite Party H (husband)

Daughter of…………..

versus

Son of…………………..

Village            ………………                       Village…………………

Thana………………..                         Thana………………….

Occupation………….                         Occupation…………….

In the matter of petition for maintenance of petitioner W from the husband H under s. 125, Cr PC

The humble petition of W (wife), the petitioner above-named Most Respectfully Sheweth:

Your petitioner W is the married wife of the opposite party. The marriage between them was solemnised according to the Hindu rites on the opposite party H is a clerk on the staff of AB & Co. Ltd. holding a responsible position and drawing salary of Rs. 8000 per month.

The opposite party severely assaulted the petitioner on …………… and drove her away from the matrimonial house on………………..in presence of several gentlemen of the locality.

That the opposite party leads a life of drunkenness and debauchery. He is besides a man of uncertain temperament and would fly into rage in season and out of season without any reason whatsoever.

He has lost all sense of decorum and would use extremely filthy language.

Your petitioner after being driven out of the house by the opposite party came over to her father’s place on the same day and has been staying at father’s house with his family members.

The opposite party was served with a pleader’s notice to send your petitioner Rs. 900 every month for her maintenance but with no result.

Having regard to the violent temper of H and his inhuman way of beating your petitioner she does not venture to go back to the place of the opposite party.

Your petitioner, therefore, prays that Your Honour may be pleased to issue notice on the opposite party and after taking evidence of both sides be I pleased to order the opposite party to pay the petitioner maintenance at the rate of Rs. 900 per month.

And your petitioner, as in duty bound, shall ever pray.

Verification

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

I am the petitioner above-named and I know the facts and circumstances of the case and I am able to depose thereto. The statements in the paragraphs 1, 2, 3, 4, 5 and 6 of the foregoing petition are true to my knowledge and that I have not suppressed any material fact. Solemnly affirmed by the said

Mrs. Won the……..day of………. 2010 in the Court House at Mumbai

Before me Notary

Petition by Wife Under Section 125 of CrPC for Maintenance

In cases of marital discord, when a wife is abandoned or mistreated, she can seek relief under Section 125 of the Criminal Procedure Code (CrPC).

This section provides for the maintenance of wives who are unable to maintain themselves. It allows the wife to approach the court for financial support from her husband, particularly when she is deserted or treated harshly.

In this article, we will explore a typical petition filed by a wife under Section 125 CrPC for maintenance, where the husband has failed to provide financial support or has subjected the wife to cruelty.

Structure of the Petition for Maintenance

1. Introduction to the Case

The petition begins by establishing the identity of the petitioner (wife) and the opposite party (husband). The wife provides her full name, her father’s name, and address, while the husband’s details, including his occupation and place of residence, are also stated.

For example:

• “Your petitioner W is the married wife of the opposite party H. The marriage between them was solemnised according to Hindu rites on 2025.
• The opposite party is a clerk employed with AB & Co. Ltd., holding a responsible position and earning a salary of Rs. 8000 per month.”

2. Grounds for Seeking Maintenance

The petitioner describes the circumstances that led her to file the petition. In this case, the wife explains the abusive behavior of her husband and his actions that forced her to leave the matrimonial home.

She may state incidents of violence, threats, or other forms of cruelty, which justify her need for maintenance.

For example:

• “The opposite party severely assaulted the petitioner on 2025 and drove her out of the matrimonial house on 2025 in the presence of several gentlemen of the locality.
• The opposite party leads a life of drunkenness and debauchery and often exhibits a violent temper.”

3. Reason for Seeking Maintenance

The petitioner explains why she is unable to return to her husband’s home due to his violent nature and neglect. This reinforces her position that she has no other means of support and, therefore, has a legitimate claim for maintenance.

For example:

• “After being driven out of the house, the petitioner came over to her father’s place and has been staying there with his family members.
• A pleader’s notice was served to the opposite party requesting him to send Rs. 900 per month for her maintenance, but no response was received.
• Given the violent temper of the opposite party and his inhuman behavior, the petitioner cannot return to the matrimonial home.”

4. Request for Relief

The petitioner formally requests the court to issue a notice to the husband and, based on the evidence presented, to order him to pay the wife a specific amount as maintenance.

For example:

• “Your petitioner prays that Your Honour may be pleased to issue a notice to the opposite party and, after taking evidence of both sides, may be pleased to order the opposite party to pay the petitioner maintenance at the rate of Rs. 900 per month.”

5. Verification

The petition concludes with a verification by the petitioner, where she affirms that the facts stated in the petition are true to the best of her knowledge.

This is a sworn statement that the petitioner makes under oath.

For example:

• “I, W, daughter of MN, residing at [address], do hereby solemnly affirm and say as follows: The statements in paragraphs 1, 2, 3, 4, 5, and 6 of the foregoing petition are true to my knowledge and belief, and I have not suppressed any material fact.”

Legal Framework: Section 125 of the CrPC

Section 125 of the Criminal Procedure Code (CrPC) is a provision that mandates the payment of maintenance to a wife, children, or parents who are unable to maintain themselves.

The law provides relief to wives who are abandoned, mistreated, or rendered destitute by their husbands.

Key Features of Section 125:

• Eligibility: A wife who is unable to maintain herself due to circumstances like desertion, cruelty, or neglect by the husband can seek maintenance.
• Amount: The court determines the amount based on the husband’s income and the needs of the wife. The amount can vary, but it should be sufficient to support the wife’s basic needs.
• Enforcement: If the husband fails to pay the ordered maintenance, the wife can seek enforcement through legal channels, including attachment of his property or imprisonment.
• Timely Relief: Section 125 provides a speedy remedy, ensuring that wives do not face prolonged periods of financial hardship.

Conclusion

Filing a petition under Section 125 CrPC for maintenance is an essential legal recourse for wives who find themselves abandoned or mistreated by their husbands.

The law aims to provide financial support to those who are unable to maintain themselves and are deprived of their rights by neglectful or abusive husbands.

If you find yourself in a similar situation and need assistance in filing a petition for maintenance or seeking legal advice, Legal Light Consulting is here to guide and support you through the legal process.

Contact Legal Light Consulting for all your legal needs.