Petition by Wife 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:

1. Your petitioner W is the married wife of the opposite party. The marriage between them was solemnized 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 a salary of Rs. 8000 per month.
2. 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.
3. The opposite party leads a life of drunkenness and debauchery. He is a man of uncertain temperament and would fly into a rage in season and out of season without any reason whatsoever.
4. He has lost all sense of decorum and would use extremely filthy language.
5. 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 her father’s house with his family members.
6. 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.
7. 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.
8. 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 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:

1. 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. W on the……..day of………. 2010 in the Court House at Mumbai

Before me Notary

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Petition by Wife for Maintenance Under Section 125 CrPC: Seeking Support After Domestic Violence

This article focuses on a specific legal procedure: a Petition by a Wife for Maintenance under Section 125 of the Code of Criminal Procedure (CrPC) in India.

This petition is filed by a wife who has been driven out of her matrimonial home due to domestic violence and is seeking financial support from her husband.

Legal Point Elements of the Petition:

• Establishing the Marriage: The petition begins by establishing the validity of the marriage between the petitioner (wife) and the opposite party (husband).
• Allegations of Domestic Violence: The petition specifically alleges that the husband subjected her to domestic violence, including physical and emotional abuse, which resulted in her being forced to leave the matrimonial home.
• Husband’s Income and Financial Capacity: The petition provides information about the husband’s income and financial capacity to provide maintenance.
• Need for Maintenance: The petition emphasizes the wife’s need for financial support due to her separation from the husband and the lack of alternative means of support.
• Prayer for Relief: The petition concludes with a prayer to the court to order the husband to pay a specific amount of monthly maintenance to the wife.

Significance of Section 125 CrPC:

• Protection for Women: Section 125 CrPC plays a crucial role in protecting the rights of women who have been subjected to domestic violence and are facing financial hardship.
• Legal Remedy for Maintenance: It provides a legal framework for women to seek and obtain maintenance from their husbands, ensuring their financial security and well-being.
• Enforcement Mechanism: This section empowers the court to enforce the payment of maintenance through legal means, such as attachment of income or property.

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 125 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 allegations of domestic violence and the need for maintenance.
• Represent Your Interests: Advocate for your best interests and ensure that your rights are protected throughout the legal proceedings.

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 domestic violence, maintenance, and Section 125 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 125 CrPC may vary depending on the specific jurisdiction and the individual circumstances of the case.

This article provides a general overview of a Petition by a Wife for Maintenance under Section 125 CrPC.

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