DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY, LUCKNOW

ACADEMIC SESSION: 2019-20

PROJECT

DRAFTING THE PLEA OF MAINTENANCE U/S 125 CRPC

Submitted To: Submitted By:

Ms. Shakuntla Sangam Priti Singh
th
Assistant Professor (Law) 6 Semester
Dr. Ram Manohar Lohiya National B.A. L.L.B. (Hons.)
Law University, Lucknow Roll No: 103
Section: B
ACKNOWLEDGMENT
Firstly, I would like to thank respected Ms. Shakuntla Sangam for giving me such a golden
opportunity to show my skills, though my project.

The project is the result of extensive ultrapure study; hard work and labour, put into make it
worth reading.

I wish to acknowledge that I completed this project by receiving help of my friends and
teacher. His class lectures helped me immense to gather relevant information. This project
couldn’t be completed without the help of my university library Dr. Madhu Limaye library
and through university’s internet. I am also very thankful to my batch mates for supporting
me to tackle every stumbling block in my way.
 TABLE OF CONTENT

Introduction................................................................................................................................4

Pleading......................................................................................................................................4

Plaint..........................................................................................................................................5

Written Statement.......................................................................................................................6

Facts Of The Case......................................................................................................................6

Section 125 In The Code Of Criminal Procedure, 1973............................................................7

Format Of A Plaint.....................................................................................................................9

Format Of Written Statement...................................................................................................12

References................................................................................................................................15
 INTRODUCTION
In the present era, a trend has evolved among unmarried couples to live together as husband
and wife as long as they have attained the age of majority. Some of these couples never
contract a legally binding marriage. Difficult consequences flow from such relationships
where due to one reason or another, the relationship may come to an end. In such cases we
find that couples had invested heavily in the relationship both financially and emotionally.
The disgruntled persons in the relationship think that since there was no legally recognized
marriage, they cannot resort to the law in acquiring their property back or in some instances
getting compensation.
In the case of Chanmuniya Vs. Chanmuniya Virendra Kumar Singh Kushwaha and
Anr. The appellant have been married off to one Virendra Kumar Singh in accordance with
the local custom of Katha and Sindur. The High Court in its findings have opined that the
essentials of a valid Hindu marriage, as required under Section 7 of the Hindu Marriage Act,
had not been performed, thus the respondent was not the husband of the appellant.

PLEADING

In law as practiced in countries that follow the English models, a pleading is a formal written
statement filed with a court by parties in a civil action, other than a motion. By stating what
claims and defences are at issue, pleadings establish the issues to be decided by the court.
Order VI, Rule 1 states that "Pleading", shall mean plaint or written statement. Thus
pleadings constitute of both what is alleged by the plaintiff and the response by the
Defendant. A plaint is the first document that initiates the pleading and thus, a lawsuit. A
plaint sets forth the relevant allegations of fact that give rise to one or more legal causes of
action along with a prayer for relief.
It can be seen that Rule 1 1 defines pleading; Rule 22 lays down the fundamental principles of
pleading. Rules 3 to 13 require the essential particulars to be supplied by parties. Order VI,
Rule 23states the fundamental rules of pleading.
1
Pleading "Pleading", shall mean plaint or written statement.
2
Pleading to state material facts and not evidence (1) Every pleading shall contain, and contain only a
statement in a concise form of the material facts on which the party pleading relies for his claim or defence as
the case may be, but not the evidence by which they are to be proved. (2) Every pleading shall, when
necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient,
contained in a separate paragraph.(3) Dates, sums and numbers shall be expressed in a pleading in figures as
well as in words.
3
Pleading to state material facts and not evidence— (1) Every pleading shall contain, and contain only a
statement in a concise form of the material facts on which the party pleading relies for his claim or defence as
the case may be, but not the evidence by which they are to be proved. (2) Every pleading shall, when necessary,
They include that:

1. Pleadings must state fact, not law,

2. Pleadings should state fact and only fact,
3. Pleadings should state material fact and not evidence, and
4. Pleadings should state facts in a concise form.

PLAINT

As per Order VI (Pleading) and Order VII (Plaint) CPC, Every plaint must contain certain
specific things. The plaint shall contain the following particulars:-

1. Name of the court

2. Name and details of the Parties 
3. If the plaintiff or the defendant is a minor/insane, a declaration to that effect facts of
the case.
4. Facts constituting cause of action and when it arose
5. A statement about the value of the subject matter for the purpose of jurisdiction and
court fees.
6. Facts showing that the court has jurisdiction (territorial as well as pecuniary).
7. Relief prayed
8. Description of the set-off (if claimed)
9. Verification
10. Notary
11. The heading or court is determined according to Section 15 to 20 of CPC.

Important points for drafting a Plaint

1. Every pleading shall contain, and contain only a statement in a concise form of the
material facts on which the party pleading relies for his claim or defence as the case
may be, but not the evidence by which they are to be proved.

be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in
a separate paragraph. (3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in
words. It is an essential requirement of pleading that the material facts and necessary particulars must be stated
in the pleadings and the decisions cannot be based on grounds outside the pleadings. But many a time the party
may find it necessary to emend his pleadings before or during the trial of the case.
 2. Every pleading shall, when necessary, be divided into paragraphs, numbered
consecutively, each allegation being, so far as is convenient, contained in a separate
paragraph.
3. Dates, sums and numbers shall be expressed in a pleading in figures as well as in
words.
4. Forms of pleading— The forms mentioned under Code of Civil Procedure, when
applicable, and where they are not applicable forms of the like character, nearly as
may be, shall be used for all pleadings.
5. Particulars to be given where necessary— In all cases in which the party pleading
relies on any misrepresentation, fraud, breach of trust, willful default, or undue
influence, and in all other cases in which particulars may be necessary beyond such as
are exemplified in the forms aforesaid, particulars (with dates and items if necessary)
shall be stated in the pleading.

WRITTEN STATEMENT
Written statement means the defendant shall, at or before the first hearing or within such time
as the Court may permit, present a written statement of his defence.

Important points for drafting a Written Statement

1. Written Statement is the response given by the defendant/respondent in a Civil Suit.

2. Format of a Written Statement is governed by Order VI (Pleading) and Order VIII
(Written Statement) CPC. 
3. Heading/Title/Signature/Verification part is all same as in a Plaint.
4. The content/matter of the WS is written in points that correspond to the points
mentioned in the Plaint. 
5. Each point in WS should accept or refute the allegations given in the same point of
the plaint.
6. A WS may also contain new points, objections to jurisdiction, pre-emptory pleas,
dilatory pleas, etc.
7. A WS must also raise any set-off or counter-claim if any.

FACTS OF THE CASE

Sishmita Kumari and Joy Sarkar were good friends working in the same MNC. The first met
in the office canteen. They used to meet regularly and later started meeting up every day.
They started sharing their likes and dislikes and this carried their relation to a personal level.
Love crept into their relation and decided to share a flat. A year passed and later they started
getting intimate and lastly decided to have a Live-in Relationship. They also entered into a
Prenuptial Agreement. A year later suddenly due to frustration Joy started physically and
mentally torturing Sishmita. She could not bear this behaviour and left him. Finally their
relationship broke-off. Meanwhile she lost her job. She couldn’t earn her livelihood and was
unable to maintain herself. She filed an application for ‘maintenance’ u/s 125 of Cr.P.C.
During pendency she came to know she was pregnant and subsequently gave birth to a baby
girl. She filed another application for alimony for her daughter. However Family Court
dismissed the application. Aggrieved by the decision she filed an appeal before the High
Court which allowed a share in the property as per the Protection of Women from Domestic
Violence Act of 2005. Aggrieved by the decision Joy went into an appeal before the
Honourable Supreme Court.

SECTION 125 IN THE CODE OF CRIMINAL PROCEDURE, 1973

Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain
itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained
majority, where such child is, by reason of any physical or mental abnormality or injury
unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class
may, upon proof of such neglect or refusal, order such person to make a monthly allowance
for the maintenance of his wife or such child, father or mother, at such monthly rate not
exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the
same to such person as the Magistrate may from time to time direct: Provided that the
Magistrate may order the father of a minor female child referred to in clause (b) to make such
allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such
minor female child, if married, is not possessed of sufficient means. Explanation.- For the
purposes of this Chapter,-

(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of
1875 ); is deemed not to have attained his majority;

(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her
husband and has not remarried.

This section includes other 5 clauses including the above-mentioned one.

Here the question is whether relationship can be termed as ‘agreement’. If termed then
whether Rhea is allowed maintenance under section 125 of the Code of Criminal Procedure,
1973 or not?
 FORMAT OF A PLAINT
In the Court of Supreme Court of India at New Delhi

Suit No. ………… / 20…….

Joy Sarkar s/o X.
Place of Residence/business                            .........................................  Appellant

Vs.

Sishmita Kumari s/o Y.

Place of Residence/business ....................................  Respondent 

SUIT FOR MAINTENANCE U/S 125 OF CRPC

The plaintiff respectfully states as follows: -

Material Facts of the case:

1) That the plaintiff is an employee in MNC.
2) That the appellant and respondent were good friends working in the same MNC.
3) That the appellant and respondent first met in the office canteen. The appellant and
respondent used to meet regularly and later started meeting up every day. The
appellant and respondent started sharing their likes and dislikes and this carried their
relation to a personal level.
4) That a year passed and later the appellant and respondent started getting intimate and
lastly decided to have a Live-in Relationship. The appellant and respondent also
entered into a Prenuptial Agreement.
5) That a year later suddenly due to personal problem the appellant and respondent
relationship broke-off.
6) That the respondent filed another application for alimony for her daughter. However
Family Court dismissed the application.
 7) That the aggrieved by the decision respondent filed an appeal before the High Court
which allowed a share in the property as per the Protection of Women from Domestic
Violence Act of 2005.

Cause of Action and Limitation:

8) The cause of action for the present appeal arose due to the decision of the High Court
which allowed a share in the property as per the Protection of Women from Domestic
Violence Act of 2005.

Relief Claimed:
9) The plaintiff, therefore prays that in the light of the given facts and circumstances,
arguments advanced, submissions made and authorities cited, Counsels for the
Appellant request this Hon’ble Supreme Court to allow the appeal made by the
appellant and declare that:
i. The relation between the appellant and the respondent is void agreement.
ii. Such relationship does not amount to Domestic Relationship according to
Protection of Women from Domestic Violence Act, 2005.
iii. Palimony granted in live-in relationship violates Article 21 of the Indian
Constitution with reference to human dignity.
iv. A woman in a live-in relationship is not entitled to claim equal rights, status
and privileges as compared to a legally wedded wife.
v. A child born out of live-in relationship is ‘Illegitimate’ and can’t claim
property.
vi. Legalization of live-in relationship negatively affects the sacredness of personal
laws.

Place: New Delhi                                                 (Signature of the plaintiff)
Date: 15/03/2015                                                                           
                                                                                                                           Advocate

Verification
  
 I, Joy Sarkar, do hereby solomnly verify that the content of paragraphs are correct and true to
the best of my knowledge and contents of paragraphs from 1 to 9 are based on legal advice,
which I believe to be correct. Affirmed at New Delhi on 3rd day of March, 2012 

(Signature) 
Plaintiff 
 FORMAT OF WRITTEN STATEMENT
In the Court of Supreme Court of India at New Delhi

Suit No. ………… / 20…….

Sishmita Kumari d/o X.
Place of Residence/ Business                           ......................................... Respondent

Vs.

Joy Sarkar s/o Y.

Place of Residence/ Business                            .........................................  Appellant

WRITTEN STATEMENT OF THE RESPONDENT UNDER ORDER 8 RULE 1 

The respondent respectfully states as follows: -

1) That the respondent admits the paragraph no. 1 of the petition and needs no reply
2) That the respondent admits the paragraph no. 2 of the petition and needs no reply
3) That the respondent admits the paragraph no.3 of the petition and needs no reply
4) That the respondent admits the paragraph no.4 of the petition and needs no reply
5) That the respondent deny and not admit the fact because a year later suddenly due to
frustration appellant started physically and mentally torturing respondent. Respondent
could not bear this behavior and left appellant.
6) That the respondent admits the paragraph no.6 of the petition and needs no reply
7) That the respondent admits the paragraph no.7 of the petition and needs no reply
8) The respondent therefore prays that the petition be dismissed with costs in the light of
the given facts and circumstances, arguments advanced, submissions made and
authorities cited, Counsels for the Respondent request this Hon’ble Supreme Court to
dismiss the appeal of the appellant and declare that:
i. The relation between the appellant and the respondent is a valid agreement.
ii. Such relationship amounts to Domestic Relationship according to Protection of
Women from Domestic Violence Act, 2005.
 iii. Palimony granted in live-in relationship does not violate Article 21 of the
Indian Constitution with reference to human dignity.
iv. A women in a live-in relationship is entitled to claim equal rights, status and
privileges as compared to a legally wedded wife.
v. A child born out of live-in relationship is ‘Legitimate’ and can claim property.
vi. Legalization of live-in relationship does not affect the sacredness of personal
laws.

Place: Lucknow                                            (Signature of the respondent)
Date: 12/03/2015                                                                            
                                                                                               Advocate for Respondent
 Verification
  
 I, Sishmita Kumari, do hereby verify that the contents from paragraphs from 1 to 8 are
correct and true to the best of my knowledge and personal belief and no part of it is false and
nothing material has been concealed therein. Affirmed at New Delhi on 15th March, 2015.

(Signature) 

Respondent
 REFERENCES

Books:
1. Ratanlal and Dhirajlal’s The Code of Criminal Procedure, Justice Y.V. Chandrachud
Ed., 15th Edn., Wadhwa and Co., Nagpur, 1997.
2. R.V. Kelkar’s Criminal Procedure, K.N. Chandrasekharan Pillai Ed., 4th Edn.,
Eastern Book Co., Lucknow, 2001.
3. N.D. Basu, The Code of Criminal Procedure, S.K. Bose Ed., Vol.1, 9th Edn., Ashoka
Law House, New Delhi, 2001.
4. The Civil Procedure Code, 1908.
5. Takwani, CK, Civil Procedure, Eastern Book Company, New Delhi, 5 th Edition
Reprint, 2004.
6. Jain MP and Gupta S, Code of Civil Procedure, 1908, Wadhwa Publishers, New
Delhi, 2004