CRIMINAL CASE

IN THE FAMILY COURT AT BANDRA, MUMBAI.

MAINTENANCE APPEAL NO. _______ OF 2009

MRS. SUNITA JEEVAN NAIR                                   ……. PETITIONER

V/S
MR. JEEVAN KISHOR NAIR                                     …… RESPONDENT

DATED THIS ____ DAY OF FEBRUARY 2009

      

MR. B.K. PURI

Advocate for the Petitioner
A-002, Ground Floor, Gokul Galaxy,
Thakur Village, Kandivali (E) Mumbai. 400101.

  IN THE FAMILY COURT AT BANDRA, MUMBAI.

MAINTENANCE APPEAL NO. _______ OF 2009

MRS. SUNITA JEEVAN NAIR, aged 33 years, Occupation  )

Business, Residing at C/O Room no. 25, Srijan Krupa Building )

M. G. Road, Opposite Andheri Sports Complex, Andheri (W)  )

Mumbai.                                                                                             )             ……. PETITIONER

 V/S
MR. JEEVAN KISHOR NAIR, aged 36 years, Occupation:  )
Service, Residing at B- 301, Sai Darshan CHS Ltd, Dahisar (E) )

Mumbai.                                                                                           )             …… RESPONDENT

APPLICATION FOR MAINTENANCE

TO,

THE PRINCIPAL JUDGE AND OTHER PUISNE JUDGES OF THIS HON’BLE COURT

FAMILY COURT, BANDRA (E),

MUMBAI. 

THE PETITIONER MOST RESPECTFULLY SHEWETH AS UNDER:

1. The Petitioner and Respondent were married on 16/08/2000 at Village and Post, Kazimir,
District Ernakulam, Kerala as per the Hindu rules and customs and in the presence of friends
and relatives and the said marriage is not registered.

2. That the Petitioner states that Petitioner and Respondent are governed by the Hindu Law.
The Petitioner is having a copy of the marriage invitation card hereto marked as EXHIBIT ‘A’ is a
marriage invitation card.

3. The Petitioner states that due to the said marriage, the Petitioner is having two daughters (1)
SHWETA JEEVAN NAIR, aged about 16 years and (2) SHALINI JEEVAN NAIR, aged about 14 years
and the said two daughters are in custody of the Petitioner.

4. The Petitioner states that prior to her marriage Respondent father, mother and family
members represented to the father of the Petitioner that Respondent is well educated and the
Respondent belongs to respectable family. Taking into consideration, the said representation
the Petitioner agreed for the marriage with the Respondent.

5. The petitioner states that after the said marriage, the Petitioner's came to reside with the
respondent at Santa Cruz at room number 25, Srijan Krupa Building, M. G. Road, Opposite
Andheri Sports Complex, Andheri (W) Mumbai. Thereafter only few days the Respondent and
his family members have given nice treatment to the Petitioner after one month the
Respondent as well as Respondent's family members started giving mental torture and
harassment to the Petitioner. The Petitioner states that the Petitioner used to stay at Andheri
(W) with the Respondent joint family the residential place at Andheri is area about 12 x 12
square foot and near about 16 people are staying in the said room. The Petitioner states that
after one month, the Respondent and Respondent’s family members have given unbearable
harassment and mental torture to the Petitioner.

6. The Petitioner states that the Respondent and Respondent family members have demanded
a huge amount from the father of the Petitioner to purchase a house as the residential
accommodation for the Respondent and Respondent family member as they were short of
money. After one month of the said marriage Respondent and Respondent family members
started demanding again a handsome amount to purchase another house, since Petitioner have
shown inability to pay the heavy amount to the Respondent and to Respondent family
members the Respondent and his family members have started picking up quarrel and giving
mental torture and harassment to the Petitioner. The Petitioner states that the Petitioner have
been badly beaten so many times by the Respondent. The Petitioner states that the Petitioner
have bear the same with an understanding that Respondent will improve his behavior, but
Respondent has not improved the same.

7. The Petitioner states that the Respondent and Respondent’s father, mother, sister and
Respondent himself are giving mental pressure to the Petitioner to obtain a handsome amount
from Petitioner’s father who purchased another house they are also picking up quarrels with
the Petitioner without any reasons and they are giving taunting language to the Petitioner that
Petitioner's father have not paid the dowry to the Respondent. All the expenses of the said
marriage have been incurred by the Petitioner’s father.

8. The Petitioner the stairs there the petitioner Sean our inability to bring the amount from
Petitioner's father to purchase a new house. The Respondent’s brother - Nilesh used to give
threats to Petitioner that if Petitioner have not brought the amount from Petitioner’s father to
purchase a new house, then the Respondent will burn the Petitioner by putting kerosene and
number of times the Respondent has given threats to the Petitioner. The Petitioner states that
the Respondent’s brother Nilesh is also giving threats to Petitioner with instigation of the family
members. All the family members of the Respondent including Respondent are bent upon their
demands that Petitioner should bring the huge amount to purchase the new house and hence,
Respondent family members also used to beat the Petitioner so many times and due to the
same Petitioner have loss physical health due to said harassment and mental torture.

9. The Petitioner further stated that Respondent and Respondent's family members have not
incurred any expenses towards the two delivery of the Petitioner. The Petitioner states that
since June 2003 Petitioner is staying with her father place at Dadar West. During the period,
respondent have not provided maintenance charges to the petitioner and / or words the
maintenance of Petitioner’s daughters and not even visited to Petitioner father's place to see
the children also.

10. The petitioner is states that on 7th day of July 2004 Petitioner have made a written
complaint with the Maharashtra Women Ayog and the said complaint have been forwarded by
Petitioner to the various police authorities.
11. The Petitioner states that on 10/06/2007 Respondent and his father and Respondent's
brother and other two unknown person came to the Petitioner's house at Dadar and picked up
quarrel without any reasons. The Petitioner states that Respondent have given bad words to
the Petitioner and Petitioner’s family members. The Petitioner states that Petitioners father
also told to them that if Respondent behaved nicely with the Petitioner, then he is ready to
send the Petitioner to stay with Respondent but Respondent told to Petitioner that he will think
over.

12. The Petitioner states that after four months again the Respondent and his father and
unknown persons came to Petitioners place and picked up quarrels without any reasons and
Respondents have knocked the door of the Petitioner father.

13. The Petitioner states that Respondent used to give threats to the Petitioner that
Respondent is ready to give divorce to Petitioner because Petitioner have not brought heavy
amount to purchase the house from the Petitioner's father.

14. The Petitioner states that the Petitioner father lodged a FIR against the Respondent bearing
number 910 dated 12/06/2007 with the Shivaji Park Police station and the matter is under
investigation. The Petitioner intend to file complaint with the concerned police station against
your client and his family members under section 498-A of the Indian Penal Code and Petitioner
have got liberty to file the same.

15. The Petitioner states that the mental torture and harassment given by the Respondent and
his family members was unbearable and hence the Petitioner have given written complaint with
the Maharashtra Rajya Mahila Ayog dated 07/07/2004. The Petitioner will crave leave rely upon
the same as and when produce.

16. The Petitioner states that the police authorities have given warning to the Respondent not
to behave and / or not to give ill treatment to the Petitioner in spite of abovementioned facts,
the Respondent used to give telephonic threats to the petitioner.

17. The Petitioner states that the Respondent and his family members have given cruel
treatment to the Petitioner. There is an apprehension in the mind of the Petitioner that the
Respondent and his family may take the life of the Petitioner and hence there is a danger to go
to the Respondent's place to stay with the Respondent. The Petitioner states that the
Respondent and his family members may execute their threats at any time and hence, life of
the Petitioner came in danger. The Respondent and his family members may murder the
Petitioner as the Respondent and his family members have given threats to the Petitioner to
that effect due to the aforesaid reason, the Petitioner do not want to stay with the Respondent
and his family members.

18. The Petitioner further states that ultimately the Petitioner have given notice and demanded
maintenance charges for herself and her daughters and the notice have been served upon the
Respondent and the same have been duly received by the Respondent and the said notice have
been replied by the Respondent by making false allegations. The Petitioner will crave leave rely
upon the notice dated 29/12/2007 and in reply given by the advocate of the Respondent dated
31/01/2008 as and when produced.

19. The Petitioner states that the Respondent have given a notice to the Petitioner for
Restitution of Conjugal Rights dated 21/11/2007 and the same have been duly replied by the
advocate of the Petitioner by his letter dated 04/12/2007. The Petitioner crave leave and rely
upon the same as and when produced.

20. The Petitioner further states that in spite of the notice for the maintenance, the Respondent
have failed to comply with the requisition of the notice dated 29/12/2007. The Petitioner have
not been given any single naya paisa towards the maintenance and / or maintenance to her
daughters. The Respondent failed and neglected to comply with the requisitions of the said
notice.

21. The Petitioner states that the Respondent is having hawker business at 16th Road, Khar. The
Respondent is also conducting hotel business and the Respondent is also taken a Dhaba to run
the restaurant business. The Petitioner states that the Respondent's brother is having five auto
rikshaws and he is also doing the business of selling auto rickshaw and cars.

22. The Petitioner states that the Respondent is also doing hotel business and he's carrying out
the restaurant and hotel business and at present the Respondent is running 3 to 4 hotels. The
Petitioner states that the Respondent father is also doing hawker business and he is having nice
income.

23. The Petitioner further states that the total family income of is about Rupees 30,000/- per
month. The petitioner is states that the father, brother of the respondent are earning hands in
his family and the Respondent is also doing hotel as well as hawker business. All family
members of the Respondent are staying together and their entire it comes is joint income.

24. The Petitioner states that since June 2003 the Respondent have failed and neglected to pay
the maintenance charges for herself and her daughters. The Petitioner stats that she required
Rupees 8000/- per month as a maintenance charge for herself and Rupees 2000/- per month as
a maintenance charges and educational expenses to the said minor daughters each.

25. The Petitioner states that the Respondent is in arrear of maintenance charges from June
2003. In all 55 months, amounting to Rupees 5,50,000/- and Rupees 10,000/- per month
toward the medical expenses and educational expenses to her minor daughters.

26. The Petitioner states that it is just and proper and in the interest of justice, the Petitioner is
entitled for maintenance as is stated herein above. The Petitioner is also entitled to recover
maintenance charges and educational expenses and medical expenses towards her minor
daughters.

27. The Petitioner states that the financial condition of the Petitioner's father is very poor it is
quite impossible to the father of Petitioner to maintain the Petitioner as well as her minor
daughters.
28. The Petitioner further states that due to the illness and due to physical difficulties of the
Petitioner, she cannot earn and she is not earning and she is staying at home only. The
Petitioner states that she is not having any source of income. The Petitioner states that the
father of the Petitioner will have to maintain other members of the Petitioner's father and
hence the financial condition of the Petitioner's father is very poor the father of the Petitioner
cannot maintain to the Petitioner and her two minor daughters.

29. The Petitioner states that she is entitled and her minor daughters are entitled for
maintenance from the Respondent.

30. Considering the above-mentioned facts and circumstances, and in the interest of justice, the
Petitioner is entitled for the decree and / or orders of maintenance against the Respondent.

31. Petitioner and Respondent both are domiciled in Mumbai Maharashtra.

32. The petition is not presented in collusion or convenience with the Respondent.

33. There has not been any previous proceeding in regard to the marriage and Conjugal Rights,
between the parties anywhere except this petition.

34. Both the parties lastly resided together at room number 25, Srijan Krupa Building, M. G.
Road, Opposite Andheri Sports Complex, Andheri (W) Mumbai and even today they are residing
in Mumbai at the addresses mentioned in the title clause hence this court has jurisdiction to
entertain and decide this petition.

35. The necessary court fee and process fee is being paid as required by Bombay Court Fees
Act. The Petitioner is a lady and hence she is exempted from paying the court fees.

36. The Petitioner craves leave to alter, amend and delete or add as and when needed during
the dependency of the petition and will rely on the documents produced with the petition.

PRAYERS
Therefore, the Petitioner prays as under:

A) that the Respondent be directed and / or ordered to pay the maintenance to the Petitioner a
sum of Rupees 8000/- per month.

B) that the Hon’ble court be pleased to pass order against the Respondent to pay a sum of
Rupees 2000/- per month each to the minor daughters of the Petitioner.

C) that the Respondent be directed and / or ordered to pay to the Petitioner the arrears of
maintenance charges from July 2004 to March 2008 amounting to Rupees xxxxxx in all months
and or the Respondent be directed to pay the maintenance charges each succeeding months.
D) that the Respondent is also directed to pay and / or order to pay the educational and
medical expenses towards the minor daughters of the Petitioner.

E) the Respondent be directed to pay all the legal expenses and cost of the petition and / or
maintenance application,

F) that the Respondent is also directed to pay interim maintenance charges.

G) that the cost of this petition be provided for.

H) any such other reliefs as this Hon’ble court may deem fit and proper be granted.

PLACE : MUMBAI

DATED : XX/XX/XXXX PETITIONER