UNIVERSITY OF MUMBAI LAW ACADEMY

CLINICAL LEGAL EDUCATION

ASSIGNMENT ON

PETITION FOR MAINTAINANCE U/S 125 CRPC

SUBMITTED TO: PROF KEVAL UKEY

SUBMITTED BY: ANANTIKA NIDHI
ROLL NO. : 01
 TABLE OF CONTENT

S. NO. CONTENT PAGE NO.

1 Performa 3
2 Petition under Section 125 CrPC 4-8
3 Affidavit in support of Petition 9
4 Verification 10
5 Exhibits 11-18

EXHIBITS LIST OF DOCUMENTS PAGE NO.

A Leave and License Agreement 11-12
B Birth Certificate of Neelita 13
C Birth Certificate of Paalvita 14
D Marriage Certificate 15
E Income Slip 16
F Educational Expenses 17
G Daily Expenses 17

2
 IN THE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO.___ OF 2020

Mrs. Jyoti Deepak Desai

Aged 45, Hindu Female inhabitant of Mumbai
R/o. Jecob Appartment, 402/4th floor,
Baburao Parulekar Marg,
Near Shardashram School …Petitioner
Dadar(W) 400028.

Versus

Mr. Deepak Vishwanath Desai

Sampurna Consultancy
Shop no.1, Suratwala Complex,
Zenda Bazar, Near Vasai Court,
Vasai (West) Mumbai 401201 ...Respondent

3
 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO.___ OF 2020

Mrs. Jyoti Deepak Desai …Petitioner

Versus

Mr. Deepak Vishwanath Desai ...Respondent

To,

THE HON'BLE PRINCIPAL JUDGE AND

OTHER PUISNE JUDGES OF THE
HON'BLE FAMILY COURT, BANDRA

HUMBLE PETITION FOR MAINTAINANCE

OF THE PETITIONER ABOVE NAMED

PETITIONER MOST HUMBLE STATES AS FOLLOWS:

1. Petitioner is the legally wedded wife of the Respondent.

2. Petitioner has filed the current petition for Monetary Reliefs under Sec.20 of the
Protection of Women from Domestic Violence Act, 2005.
3. Petitioner states that since March 2019, Petitioner is residing at Mumbai in view of
betterment of the daughters’ careers and their future wellbeing. Petitioner is residing
at the aforementioned address at Mumbai on the Leave and License basis along with
her daughters Neelita and Paalvita and Respondent occasionally visit the said
premises to meet the daughters. Copy of Leave and License Agreement is annexed
hereto and marked as Exhibit A.
4. Petitioner states that, out of the wedlock a daughter named Neelita was born on
15.02.2001 and daughter named Paalvita is born on 1.04.2007. At the time of filing of
this Petition Ms. Neelita is 19 years of age and is studying Applied Art at Raheja
College at Worli and Ms. Paalvita is 13 years of age and is studying in Seventh
standard at Shardashram Vidya Mandirat Dadar. Birth Certificates of the Ms. Neelita
and Ms. Paalvita are annexed herewith and marked as Exhibit "B" and Exhibit "C"
respectively.

4
5. Petitioner states that their marriage was registered with the Registrar of Marriages.
Copy of the said marriage certificate is annexed hereto and marked as Exhibit "D".
6. Petitioner states that the Respondent never supported the Petitioner in running her
business, since he thought that providing money for business and demanding back the
same from the Petitioner was end of his responsibility. The attitude of the Respondent
was as if he is doing favour to his wife and daughters by providing for the money
required to run the household.
7. Petitioner states that Petitioner always expressed her wish to the Respondent of letting
Neelita pursue her college education in Mumbai. Petitioner states that Respondent
never out rightly rejected this idea and only used to dilly dallying. After completion of
the 12th, Petitioner enrolled Neelita in Raheja College for applied arts. Since the
college was too far away from Vasai, Petitioner shifted the residence to Dadar, to
which Respondent never agreed thereby ignoring the interest of the Daughter.
Petitioner has shifted to Dadar and she has acquired a 1 room kitchen apartment on
Leave and Licence basis in the year 2019. Petitioner states that she has opted to live at
Dadar not only because of the differences but also for the betterment of the daughters
and for her future.
8. Petitioner states that the daughters of the Petitioner and Respondent are pursuing their
education in Mumbai. Petitioner states that the Respondent has after much persuasion
providing for the educational fees of the daughters and the rent for the
accommodation.
9. However, the Petitioner, to provide for their daily expenses still has to pursue the
Respondent. In view thereof, the Petitioner has started conducting the business of
beauty parlour from the said 1 room kitchen apartment, the income earned through
which is attached below in “Exhibit E” . Petitioner states that for the want of
provision of sufficient means by Respondent, Petitioner is unable to maintain herself
and the daughters on her own. Petitioner states that she has been left to Respondent's
mercy and has to beg to Respondent for day to day expenses such as grocery,
daughter's education fees as well as maintenance and rent of the apartment. Petitioner
states that Respondent make financial provision for Petitioner and the two daughters
only after much persuasion which provision is also not sufficient and never to the
extent has Petitioner required.
10. Petitioner states that for the want of provision of sufficient means by Respondent,
Petitioner is unable to maintain herself and the daughters on her own. Petitioner states
5
 that she has been left to Respondent's mercy and has to beg to Respondent for day to
day expenses such as grocery, daughter's education fees as well as maintenance and
rent of the apartment. Petitioner states that Respondent make financial provision for
Petitioner and the two daughters only after much persuasion which provision is also
not sufficient and never to the extent has Petitioner required. Petitioner states that she
started her salon at rented home at Dadar itself and adjusting her work by giving
priority to the daughters' schedule and welfare and/or upbringing. Petitioner states that
she has just started her business and the place is new so it is going to take some time
to settle her business.
11. Petitioner states that Respondent has sufficient means to maintain Petitioner, and the
Daughters since Respondent have, to Petitioner 's knowledge, the following movable/
immovable properties:
a. Car - Etios standing in Petitioner's name. The said car is brought by the
Respondent by taking loan from bank and the said loan is obtained on
Petitioner's name.
b. Shop Nos.01 to 04 admeasuring 290 sq. ft each situated at Adinath apartment,
Goulwada, Vasai Village, standing in the joint name of Petitioner as well as
Respondent.
c. Respondent owns one Bungalow and measuring 1500 sq.ft built up at Vasai
which the matrimonial house of the Petitioner
d. Respondent is filing regular income tax returns.
e.Respondent has not booked the flat with one Pritam Patil who is
developer/Builder and Respondent has invested around 35 Lacs in the said flat.
Petitioner states that no agreement, no allotment letter or receipt is given by the
said builder /developer to the Respondent.

12. Petitioner states that even though Respondent has sufficient means and financial
prosperousness, Respondent has always ignored to maintain her as well as the
Daughters.
13. Petitioner states that though the Respondent has been paying the rent for the Dadar
apartment where the Petitioner resides with her two daughters, the Petitioner
apprehends that on filing of the Divorce Petition the Respondent will stop paying the
same and cause prejudice to the Petitioner and their two daughters. Petitioner states
that the Respondent has been, after much persuasion, used to pay money for the daily
6
 maintenance of the household and the fees of the daughters, the said money is
insufficient.
14. Also Petitioner apprehends that after filing of the Divorce Petition, the Respondent
will stop paying for the maintenance of the household and for the personal expenses
of the Petitioner and their daughters. In view thereof the Petitioner has filed this
Application seeking monetary reliefs under Sec.20 of the Protection of Women from
Domestic Violence Act, 2005.
15. The Petitioner also called upon the Respondent to do the following:
a. Respondent will make provision for the education of both the daughters by
putting an amount of Rs.25,00,000/- in a fixed deposit account for each daughter.
b. Respondent will make provision for the marriages of both the daughters by
investing an amount of Rs.50,00,000/- in fixed deposit account for each daughter.
c. Respondent will provide a permanent residence for Petitioner and the
Daughters in Mumbai on ownership basis in the Joint name of Petitioner and the
Daughters.
d. Respondent will pay a onetime amount of Rs.25,00,000/- against the
maintenance of Petitioner and the Daughters which will be deposited to the
account Petitioner.
16. Petitioner states that the Respondent always been rude in his behaviour with Petitioner
as well as their daughters and never trusted their opinion or judgment and always
showed reluctance in maintaining them thus made life of Petitioner and daughters
unbearable. Petitioner states that habit of Respondent to humiliate and ridicule
Petitioner and her daughters in family gatherings and never acknowledging the good
things which Petitioner had done to the Respondent and his family as well as not
supporting Petitioner for establishing her business and causing impediments by
criticizing Petitioner without extending any help and asking to return the money every
now and then which he has purportedly invested in Petitioner and their daughters
amounts to Respondent treating Petitioner with cruelty and thus Petitioner wished to
end the marital ties with the Respondent with the consent of the daughters.
17. Petitioner states that till final disposal of this Petition, Respondent to pay the monthly
rent of the rented premises along with the fees of the daughters and maintenance
towards herself and her daughters.
18. Petitioner states that the Petitioner is currently living in Mumbai since 2019 and hence
this Hon'ble Family Court at Bandra has jurisdiction to adjudicate upon the same.
7
19. Petitioner craves leave to add, alter, and amend the petition if and as and when
required.
20. Petitioner states that the Petitioner has paid the Court Fees
21. Petitioner therefore prays as follows:
a. Pending hearing and final disposal of the Petition, This Hon'ble Court be
pleased to direct the Respondent to pay Rs 40,000/-per month towards the
monthly interim maintenance for both daughters their education and wellbeing
and day today expenses as mentioned in “Exhibit F”.
b. Pending hearing and final disposal of the Petition, This Hon'ble Court be
pleased to direct the Respondent to pay Rs. 25,000/-per month to Petitioner
towards monthly expenses of her own needs and daily expenses. As mentioned in
“Exhibit G”
c. Pending hearing and final disposal of the Petition, This Hon’ble Court be
pleased to direct the Respondent to pay Rs.28,000/ -per month towards the rent
plus 10% yearly increase of the said amount as per the terms and condition of the
said leave and licence Agreement in respect of premises situated at Dadar which
is the current address of the Petitioner and her daughters and also may be directed
to pay other permitted increase as per the terms and conditions of the agreement.
d. Any other interim relief as this Court may deem fit and proper.
e. This Hon’ble Court be pleased to direct the Respondent, to pay the cost of this
Petition.

Signed at Bombay this 4th May of 2022. Petitioner

Ms. Anantika Nidhi

Advocate for Petitioner
12, DG Chambers, 101-104
Mumbai 400 023

8
 IN THE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO.___ OF 2020

Mrs. Jyoti Deepak Desai …Petitioner

Versus

Mr. Deepak Vishwanath Desai ...Respondent

SUPPORTING AFFIDAVIT TO THE PETITION UNDER SECTION 125 OF C.P.C.

I, Mrs. Jyoti Deepak Desai, age 44 years R/o. Jecob Appartment, 402/4 th floor, Baburao
Parulekar Marg, Near Shardashram School, Dadar(W), Mumbai 400028. the Petitioner
abovenamed,

1. I say that I am making this affidavit in support of the petition under section 125 CrPC.

2. That the contents of my accompanying petition in para 1 to 22 are true and correct to best
of my knowledge and belief. No part of it is false and nothing material has been concealed
there from, intentionally or otherwise.

3. I say that if the orders and reliefs as prayed for by me are granted no prejudice of
whatsoever nature will be caused to the Respondent. I say that balance of convenience is in
my favor.

4. Under the circumstances, as stated hereinabove I therefore pray that the reliefs prayed for
in the Petitioner be granted.

Signed at Bombay this 4th May 2022. Deponent

9
 VERIFICATION

I, Mrs. Jyoti Deepak Desai, Aged 45, Hindu Female inhabitant of Mumbai R/o. Jecob
Apartment, 402/4th floor, Baburao Parulekar Marg, Near Shardashram School, Dadar(W)
400028, the Petitioner above named do hereby solemnly affirm and state that what is stated in
para No.1 to 22 is true and correct to my own knowledge and the contents of last para No.22
are my humble prayers which I believe to be true.

Solemnly affirmed at Mumbai, this _____________________day of July, 2020.

Mrs. Jyoti Deepak Desai

Deponent.

10
 EXHIBIT A
,
xl..f pr

•G ,,,, ai:41epid
Arrii:junt Paid
03/03/2,019 •
SlarripDut_ MY-10126609.41.120181
03/()2V20:10...
P,Gp)str,afibn

LEAVETA . AOREEM E NT
.....ND::LfCtS
, :,. ..
This agreoent
,hl io rriadc;! ;:viri executed! on 03/03/2019,mmprribili,
.,,:petltieen,
ccupation,:'Service , PAN ;:AGKPG.60619:
l',, Name: V's'Kparf.,:,C)ipn'ai', Ago: Ali.ciuf: 40'Yea;t, 0:
iBuildinb Njame::,Jacab C FT :t3 L .,:f3foak:SbctorDr:sthar Wrist
Residing at: F.'iM:',.N6:402.;',Flc.io r No..4tfirii
rvIuri-tai, P.f-_,.'ad:"6,412;idiii:SiiiInWer : Road, DadOr,•Murnl)ai, t\AP'fiaraiihtta:,1:40C)02V
,• :„ • „ „ .:. . , : •,,,: ,
. .. ;ex'pressibo shall! rheOrkithdInC.ludethe ficensof r4,)ove,
H EP, E- IN A FTE:8;,cappci„`the. .1,19eflOr.,:.(WhiCh1
;lamed , ,--..d ,-..tir_tl.-.hig/flervthE9iri'respe64ye'neirs•;•:iilii&'.50§sorr,• ,-; PsSign,S•eect.itorS and ,pdministrtors) .

Narne::1\41:4:7p,-4.,.0)?.):yo.;]ppipppx, Years 'Occupatiort ::BusinepS,

,,,AC4inFDri.4§9.F-,'Eril.*.ch/(1.0i$130:pgymail.borri:esiding at: ritif:No-;, FlOor:Nor,,‘Building

;'Na.mp',vishOP,;SrrIntlfi,:BIOCk:OeCtOrJ. Ptikk, p(.1.0 vasai: West; Roar_I:drout:road opp vosiido6 apt,
•

HEREINAFTER ca"lle,d the, Lic;ens"ee which expression shall met-3n,a,nd include only Licensee
. ahove , named.);:

:•al?stildtpl‘y, .seized .and. possessed Of •a nd...: o.r•otherNivise :men •

suffic•jent!,/ entitletl.:16:01.1tbak.obti5tructed,..pbrti.on'being :qnit•desorioed: in::Schedule I h.ereuri.deY.•
. • .• • . • ..•... •
V✓ ru en and 2.re hereaftleK:10..•,th,e'lSae.;.•of.,.12rei..ity::pallett:-..d.t.refet.recrlto.aS.1.:Licensed-Rrerrii.ieSl.land'.
"trci41;s of giving't1i0ii'.0Ad:ii:OreFriisebiri Leap::and License basis under, Seeti,on 24 of fne
trg13 ent , CO:ntrol,Act., 1992.

iA.-3 the , LiOehsee. tfetern.. is in .:J-16...ett..:.6f .f.Otn0orry•::, pterrilsot*.for:.EResidenti.,t4s

•. .. • :••• , . ••. • • l. .e. •••
.
zachPd the Licensor with a" allow . the-Licensee, herein .to' use.and occupy+
the' aid - prernse,:n cn Leave; anerLicanse,;b:Oi,for,....4...0eripd
•
24:WrIth.-ComrnenCir19:friiprrii.--
`On 0,3 /2 019 and end a-id CT,
CH,3/0"./2021',:•::b.ft:terrpSl.and:.•suoj.ect tocontliifont,liereafterppeatiltr:
.„..•
kne L.Lceh§or nave.i.kgreed'4)::allpwite i Lioepsee. i.
herein to use and occu py
said Licensed s s far_r afo esaid Residential purposes only, on
ove;r-rienticned perin: , „.. ••
• •• tei.nditions'hereafter'altipearingy
..•

0 \NiTi:
EREEORE IT IS HERE:i( AGREEDigOi ::DECLARED AND
RECORDED
'EEN'THE PiPTIES HERETO AtiFOLLOW8"..'

at4he Licensor n-lieby grants.to te .

:Licensee: herein a revoca ble leave. and
Licensed Pie7ses, ,c;
s chedOle,,IihOre(i6der written without creating
titie and interest in %
favour of the Licensee for a . (Datiod dif 24
3 /9 019 and ending cinij08/03/2021
•

r . .,
F'''c's„se..
..i,06:‘•That:,.th'e',immedietely at on the expiration or termination or canceilpttiOp of thiS
gr!P.r.171"):i60::Liaentee,,stilt,vactite the said r
•
p emi§es wi; thout delay: with all her goods arl
belongings' '''.. '
- ,• ;'1111::S'6nt"pf:th LloenSee :f0iling..arObor neglecting to remove herself and / or her
atti1e:!.,:r:911-1p-te
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..,a[0,:f6i.h-•ises on expfry -,) 0.11..6,n‘.0f,,:•this Agree16rt:;th ..::yiO6iPcr •,
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11. -1Reilt..ati n This Agroii .
d.the,exoenditure,2„ , ,,,
f Starnp 4 iii.,ty;an'd, ,:„
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-ient Is, to beregitereci,•"an
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equally
SCHEDULE I

(Being the correct descriptionof premise ApatitrieritiFlat \ivhiCOthe'.:stibieot.r.r,lOtter..:otthese..,

,•„:•,.....
Fie.6'sdrit0
::75
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1ER, ITArttres eretolheVe.:set and stribcitetEttleln‘fe#e,eti.s:te,signOtOre§:•j4,
th impr ssipn,e1e9trrnic signatu'reheretb:Iri - the presence of witness; who are
irle 0.0.Atle xeccit nt on the.tia '''''rribnth and year 4‘•
first above;writfen

•
 EXHIBIT B

0328978
PH - 51.
MUNICIPAL CORPORATION OF G EATER MUMBAI
tildwPci, 311tinT4 / Public Health Department
-it-it T. S/ FORM NO.9
(liwN. 79- qt-4-u?r , tS 95 , F4-41r s Tcrzfr \ova )
(See Rule 9 of the Maharashtra Registration of Births & Deaths Rules, 1976)
Altd r-4 91`Tift 4411u1471 / CE TIFICATE F BIRTH-
‘31,-4-1-1t1 4-ftrfk/TIT ScS, 9-674
Issued under section 12/17 of the Registration of Births and Deaths Acts, 1969.
awr 41tgc11 oTrtu lnl "4T, rT •-ttq **-Rf ;flit re":41T‘
. 4-161-141t yrllmull NTITM:fr ITZ t-t-Ict11(1,-1 ted-gt

This is to certify that the - following information has been taken from the original record of Birth, which is in the
register for GS ward of Brihanmumbai Mahanagarpalika.

9T-4
AD I T FEMALE
Name Sex

73FT1' ftqlT 7'f--4.1 [co

Date of Birth :l 5 . .ty_' . 220Kt 1 Registration No. 476

r iquT 9't-4-tert f4-tT

Place of Birth DR. TILAK HOSPITAL Registration Date 24.02.2001

gf3ctf~ pia
Name of Father
DEEPAK VISHWANATH DESAI

atr(-k
Name of Mother JYar

q 0111 / 31*1. cilticqrca if 1:MT

Permanent Address of Father / Mother

•,
4v O N.
O 8/67:.

NILIMBA
glvcii Tilgrg
Nationality of Father / Mother I ND T AN/ I ND I AN

qi(ekt. 11-441-41
Signature of the issuing Authority

74

WX010-0 Vt1"1 4kZ-

40',,
0441*
 1;4:0- C

EXHIBIT C

rt.\;;It
rttra:

neths:.•'\
t:,te.t2,11-,ii i ?c,

7 ' . _TI '

Ti 1 -.--;t"6_c&tif,,,, theca:thc.--2 `C.',110'.',111

, , CM-);;,:t'on h een. takes on-, the 'ast",ilnal re:-..:arti of
011*.:ii.the.eoistpred fer.Vri;sai r1:riaiiai'pE. Cr2o'nci! .
-.)f Tal '..'s Dist Tn:3:-.te. af Mai-12aslitisi

Id Pst- e-iniacut
14.0 4
.71:1"44,,li I INV i52.0 Tt'rZ

o
()rri
0'01'

ti?tititl.t.Achterty birth & death"

tratt s4k
 x)11.;1:.

EXHIBIT D
53

SQ iernnize cl
-, (Place) is registered by me
at Seirial • No.
,, , .... . registrar of Marriages maintained
arashtra tReguiatian of-Marriage Bureaus and'.
atriages Act 19 8.
EXHIBIT E
 EXHIBIT F

Expense Monthly (Approx.) in Rs.

SR.NO. Expenses Rs.

1 Ration (L2 or damat or ration store) 6000/-
2 Vestige (home product) 4000/-
3 Paytm for online payments (groceries) 5000/-
4 Marketing (sabzi + nonveg) 5000/-
5 Travel (Kavita/Neelita) 5000/-
6 Cable 600/-
7 Internet 900/-
8 Electricity Bill 2000/-
9 Mobile phone (3 connection) 1000/-
Total 2d500/-

1 Clothes yearly for 3 persons 25000/-

Great Total 49500/-

Education Expenses (Approx.) EXHIBIT G

Paalvita

SR.No. Expenses Rs.

1 School Fees (svm X 3years) 28000/- (paid for 1

year)
2 Study class (saisha) 4000/- (per month to
be paid)
3 Piano class (Russel) 3000/- (per month to
be paid)
4 Study material (yearly) 3000/-

Neelita

SR.NO. Expenses Rs.

1 College Fess yearly (2nd and 3rd years) 100000/- (paid)
2 College study tour yearly 20000/- (as per
actually)
3 Study Material yearly 5000/-
4 Computer classes Fees paid
5 Cer..K:44:1706,. krema ins 50000/-