Understanding Maintenance Applications under Section 125 of CrPC: A Case Study

This article explores a typical application for maintenance filed by a wife under Section 125 of the Code of Criminal Procedure, 1973 (CrPC). This section empowers magistrates to order maintenance for wives, children, and parents who are unable to maintain themselves.

Application for Maintenance u/s 125 of the Criminal Procedure Code, 1973

IN THE COURT OF THE JUDGE FAMILY COURT, [Location] AT [Location]

Maintenance Application No. [./2010]

Smt. W Age: 25 years, Occupation: Nil, Resident of: C/o Shri DAD, Mumbai 400011. Applicant

Versus

Shri H Age: 30 years, Occupation: Service, Resident of: 1050 Sadashiv Peth, Mumbai 400030. Opponent

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. The applicant is the wife of the opponent, their marriage having been solemnized at Mumbai according to the Hindu religion, Vaidic ceremonies.
2. The applicant was known by her maiden name as Kumari Urmila prior to the marriage, while there is no change in the name of the opponent.
3. After the marriage, the applicant and the opponent cohabited and resided together for about two and a half years, during which time no child was born.
4. Since the applicant did not bear a child, the opponent started to ill-treat her. On multiple occasions, she was driven out of the matrimonial house, and she had no option but to stay with her parents against her and their wishes.
5. The applicant and her parents tried their best to convince the opponent and his parents that the fault of not having a child does not lie with the applicant. However, the opponent did not listen and did not allow the applicant to cohabit with him.
6. The applicant has undergone necessary medical tests, and reports from specialized experts and doctors confirm that there is no fault on the part of the applicant for not having a child.
7. The applicant tried to go to the opponent for cohabitation on more than three occasions, but the opponent did not allow her and finally told her that she should never think of living and cohabiting with him anytime in the future.
8. The opponent is in the habit of consuming alcohol, and under the influence of drink, he and his parents have beaten the applicant mercilessly.
9. The applicant is thus forced to stay with her parents, who are very poor.
10. The applicant is illiterate and unable to maintain herself.
11. The opponent is a doctor working at the Sassoon General Hospitals, Mumbai, drawing a salary of Rs. 20,000/- per month. Despite having sufficient means, the opponent has refused and neglected to maintain the applicant.
12. The opponent has contracted marriage to another woman, Vaishali, who is also working in the said hospital as a Staff Nurse.
13. The applicant served a notice upon the opponent, calling upon him to pay her a maintenance allowance of Rs. 1,200/- per month, but the opponent has not done so, hence this application.
14. The applicant resides within the local limits of the jurisdiction of this court, and therefore, this Hon’ble Court has jurisdiction to try and decide this application.
15. This application is chargeable with a fixed rate of court fee, which is paid herewith.
16. The applicant prays that:

• (A) This application be kindly allowed, and the opponent be ordered to pay a maintenance allowance of Rs. 1,200/- 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.

Mumbai,

[Date]

Sd/- W

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 paragraphs 1 to 16 are true and correct to the best of my knowledge and belief.

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, per the Family Court Act, 1984.

For expert legal assistance, contact Legal Light Consulting – LLC. Their experienced team can provide comprehensive legal solutions tailored to your needs.

Points of the Application:

• Establishing Relationship: The application begins by establishing the marital relationship between the applicant (wife) and the opponent (husband).
• Allegations of Cruelty and Desertion: The applicant alleges that the opponent subjected her to cruelty, including physical and mental abuse, and ultimately deserted her.
• Medical Grounds: The application mentions that the applicant underwent medical examinations to rule out any medical reasons for not conceiving, emphasizing that the blame for childlessness does not lie with her.
• Attempted Reconciliation: The applicant states that she made efforts to reconcile with the husband but was rejected.
• Husband’s Income and Lifestyle: The application details the husband’s employment and income, highlighting his ability to provide maintenance.
• Second Marriage: The applicant alleges that the husband has contracted a second marriage, further emphasizing the breakdown of the marital relationship.
• Demand for Maintenance: The application seeks a specific amount of maintenance from the husband.
• Jurisdictional Grounds: The application asserts that the court has jurisdiction to hear and decide the matter.

Legal Significance of Section 125 CrPC:

• Protection for Vulnerable Sections: Section 125 CrPC plays a crucial role in providing a legal remedy for wives, children, and parents who are unable to maintain themselves.
• Swift and Summary Proceedings: The proceedings under this section are generally summary in nature, aiming for a quick resolution.
• Wide Scope: The section covers various situations, including abandonment, divorce, and other circumstances where individuals are unable to support themselves.

Important Considerations:

• Evidence and Proof: The applicant must be prepared to substantiate the allegations made in the application with evidence, such as witness testimonies, medical records, and other relevant documents.
• Legal Representation: While the application mentions seeking representation from an advocate, it’s important to note that legal representation may be subject to court permission in certain cases.
• Negotiation and Settlement: In some cases, parties may be able to resolve maintenance disputes through negotiation and settlement, avoiding the need for full-fledged court 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 maintenance applications under Section 125 CrPC, please contact Legal Light Consulting – LLC Lawyers. Our experienced team can provide expert guidance and ensure your rights are protected.

Note: This article has been enhanced with:

• A more concise and informative title.
• A clearer explanation of the key elements of the application.
• A discussion of the legal significance of Section 125 CrPC.
• Emphasis on the importance of evidence and legal representation.
• A more professional and engaging tone