APPLICATION FOR MAINTENANCE BY WIFE U/s 125 Cr.P.C

IN THE FAMILY COURT (WEST), TIS HAZARI COURTS, DELHI
Maintenance Case ._______ of____________
In Re:-
A.B. w/o
 C.D. __________ R/o                                        .......Petitioner
Versus 
C.D. s/o_______________
residing at
 ____________                                                   .......Respondent

APPLICATION FOR MAINTENANCE BY WIFE UNDER

SECTION 125 (1)(2), CR.P.C.
The petitioner above named respectfully states  as under:
1.  That applicant is legally married wife of the respondent; both of whom
lived as husband and wife for two years at________ and by such
marriage a child was born to them on________ and on the date this
petition he is _____________months old.
2.   That since the beginning of the marriage, the Respondent has become
drunkard and has been indulging in other immoral activities.  To meet
his debts he demanded Rs. 50000 from applicant’s father by way of
 additional dowry and for his failure to meet respondent’s demand, the
applicant has been beaten and subjected to cruelty. He (Respondent) was
constantly threatening to kill the applicant and was torturing her.
3.  That the respondent had stopped paying anything for house hold
expresses unable to bear the cries of her starving minor son when the
applicant demanded money from the respondent on______________ she
was tied by the respondent with a pillar and a licensed gun was pointed
towards her and was threatened to kill.
4.  That ultimately applicant was turned out of her matrimonial house by the
respondent.  Applicant and her minor son had to live on the mercy of
neighbours for two days who helped her reach her parents house on
_____________ and from then towards the petitioner is staying in her
parents’ house at_________ along with her minor son.
5.  That Meanwhile relatives of the applicant tried to persuade the
respondent to change his wayward life-style and lead a family life with
dignity with his wife and minor child two needed his father’s care and
attention.  But all the efforts to change the Respondent’s attitude towards
his wife and child were in vain.
6.  That unable to maintain herself and her minor son, parents being old, and
in an utter state of poverty, the petitioner issued a legal notice to
respondent on____________ demanding separate maintenance for
herself and her minor child, which was received by the respondent on
______________ but the respondent neither replied the notice nor cared
to come forward to maintain or make any provision for the maintenance
of his wife and minor child.
7.  That respondent has got immovable assets in the form of lands and a
house at _____________ which fetches him monthly rent of
Rs.___________ in addition he earns about Rs. ___________ per month
from his Telecommunication business and has no other liabilities apart
from the present applicant and he leads a lavish lifestyle.
8.  That petitioner is unable to maintain herself and the minor child being
illiterate she is unable to get herself any job.
In the circumstances the respondent has sufficient cause to live
separately with her child and prays that your Honour may be graciously
pleased to order the respondent to make a monthly allowance for
maintenance of the applicant and her minor child at the rate of
Rs.__________ per month or at such rate as your Honour may deem fit
and proper. Form the date of this application.
 Place : New Delhi

Dated :- /10/2014                                             Petitioner 

 VERIFICATION

I, MRS. ESHA KUMARI the Petitioner, state on solemn

affirmation that whatever contained in paragraphs 1 to 6 of the
Petition is true to my own knowledge and that whatever contained
in paragraphs No 7 to 11 is based on information received and
believed to be true to me.
Signed and verified this _______ day of _______ 2020 at Dhanbad
 

PETITIONER

AFFIDAVIT

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT

DHANBAD

CASE NO. O.M__________ OF 2020

 
IN THE MATTER OF:

Mrs. Esha kumari W/o Nilesh Kumar Singhania Aged

about……… Occupatation House Wife D/o Arun Kumar Sah R/o
Gandhi Road,Behind Hawrah Motors P.S-Dhansar,P.O-
DhansarDhanbad826001                                 ….                PETITIONER
VERSUS

 NileshKumarSinghania          ……                                    RESPONDE
NT

I, the Petitioner do solemnly affirm and say as follows:

1. That I am the Petitioner in the accompanying Petitioner under

Section 125 of CrPC and well acquainted with the facts of the case.
2. That I have gone through the contents of the accompanying
Petition, I reaffirm the contents of the Petition, which are not being
repeated here, for the sake of brevity.

3. That the Petitioner has not remarried.

4. That the Petitioner does not own any movable or immovable

property and has also no source of income.

Signed at Dhanbad this …..day of Sep 2020

DEPONENT

VERIFICATION

I, Esha Kumari the above named deponent do hereby verify on oath

that the contents of the affidavit above are true to my personal
knowledge
Signed and verified this ……day of Sep 2020 at Dhanbad. 

DEPONENT

Identified by

Sr.Advocate Pawan Kr.Ojha