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IN THE COURT OF PRINCIPAL JUDGE

FAMILY COURT JABALPUR DISTRICT JABALPUR


M.J.C. No. /2024

APPLICANT No.1: Smt. Monal


Jain
W/o Shri Abhishek
Jain,
Aged about 43 years,

APPLICANT No.2: Master


Yashwardhan Jain,
S/o Shri Abhishek
Jain,
Aged about 14 years,

Both R/o
Samdariya Amba Arcade,
Sarafa Market,
Jabalpur (M.P.)

-Versus-

NON-APPLICANT: Shri Abhishek


Jain,
S/o Late Shri Priyadarshan Ranka,
Aged about 47 years,
R/o R/04/C-D, Nalini
Apartments
Near Bhattacharya
Apartment,
Rajendra Road, Patna
(Bihar)
APPLICATION UNDER SECTION 125(3) OF THE CODE OF
CRIMINAL PROCEDURE FOR THE PAYMENT OF THE DUE
INTERIM MAINTENANCE AMOUNT

That, the applicants most humbly respectfully begs to submit as


under:-
• That the applicants had filed a case bearing MJCR
No. 281/22 under section 125 of the Code of Criminal
Procedure for grant of maintenance.
• That this Hon’ble court after hearing the
arguments at length, was pleased to pass an order dt.
18/12/2023 whereby the respondent was directed to provide a
sum of Rs. 10,000/- per month to the applicant no.2 as interim
maintenance. The certified copy of the order dt. 18.12.2023
passed in MJCR 281/2022 is annexed herewith as Annexure-
A/1.

• That, a perusal of the award would go on to show


that the amount has been awarded to the applicant no. 2 from
the date of filing of application which is 12.05.2022. That, till
date the total due is for a period of 23 months.

• That, till date the respondent has not paid a single


amount towards the care of his own child till date and has
failed to deposit the interim maintenance amount for a total
period of around 23 months.
• That the respondent has failed to deposit the
amount for interim maintenance from May 2022 till April 2024
totaling a due amount of Rs. 2,40,000/- (Two Lakhs and Forty
Thousand only).

• That, it is pertinent to mention that the applicant


no.2 is a 14-year-old child residing with his mother. The
mother only earns a limited amount of money and is barely
able to sustain herself and her 2 children.

• That, for the purpose of maintaining the quality of


the living standard, social standing, keeping in mind the
increasing cost of all the expenses in the present time it is only
appropriate that the non-applicant be directed to fulfill his
responsibility and comply with the order of this Hon’ble Court
and provide the due arrears of maintenance totaling to Rs.
2,40,000/- to the applicant no.2 in light of the order passed by
this Hon’ble Court on 18/12/2023.
• That, the respondent has neither provided the
arrears of interim maintenance in the form of case nor he has
transferred any amount in the bank account of the applicant.
• That, t
and on the other
husband.

• That, the applicants are resident of Jabalpur and


resides within the limits of Municipal Corporation, Jabalpur,
thus this Hon’ble Court has jurisdiction to entertain this matter.
• That, the applicants are filing the documents as per
list of documents and reserve their right to file more documents
if and when it is required.

• An affidavit in support of this application is being


filed.
PRAYER
In view of the facts and grounds stated hereinabove, the petitioner
prays for grant of following relief(s):

• The applicants most humbly prays that the Hon’ble Court


may kindly be pleased to direct respondent to pay the arrears of
maintenance amounting to a sum of Rs. 2,40,000/- along with appropriate
interest.
• That, it is also prayed that the respondent be directed to
continuously pay the amount of interim maintenance during the course of
the instant case, in the interest of justice.
• That, any other relief which this Hon’ble Court
may deem just and proper in the facts and circumstances of the
case may kindly be issued in favor of the petitioner along with
cost of the petition.

Jabalpur: SANKALP KOCHAR


Dated: /04/ 2024 (Counsel for Applicants)
IN THE COURT OF PRINCIPAL JUDGE
FAMILY COURT JABALPUR DISTRICT JABALPUR
M.J.C. No. /2024

APPLICANTS: Smt. Monal Jain and another


-Versus-
RESPONDENT: Shri Abhishek Jain
AF F I DAV I T

I, Smt. Monal Jain, W/o Shri Abhishek Jain, Aged about 43


years, R/o Samdariya Amba Arcade, Sarafa Market, Jabalpur,
(M.P.), do hereby take oath and solemnly affirm as under:
• That, I am the applicant no.1 in the instant matter
and I am well conversant with the facts of the application
annexed.
• That, my counsel as per my instructions has
drafted the annexed application and the same has been read
over and explained to me and I understood the same.
• That, the contents of the paras of the application
are true to my knowledge and on legal advice given by my
counsel.

DEPONENT
VERIFICATION
I, Smt. Monal Jain, the above-named deponent, do hereby
verify that the contents of paras 1 to 3 of the affidavit are true to my
personal knowledge and believed to be true.

Verified and signed on this day of April 2024 at Jabalpur.

DEPONENT
BEFORE THE NYAYADHIKARI GRAM NAYALAYA AT
JABALPUR

M.J.C. No. 281/2022

IN THE MATTER OF:

APPLICANTS: Smt. Monal Jain and


another
-Versus-
NON-APPLICANT: Shri Abhishek Jain

LIST OF DOCUMENTS

S.No.
Description of documents
Annexures
Original/
Copy
Page No.
1.
Certified Copy of Order dated 18/12/2023
A/1

Jabalpur: SANKALP KOCHAR


Dated: /04/2024 (Counsel for the Applicants)

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