📝 Petition for Maintenance Under Section 125 CrPC

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 📝 Petition for Maintenance Under Section 125 CrPC

(For a wife seeking monthly maintenance from her husband)

IN THE COURT OF THE HON’BLE METROPOLITAN MAGISTRATE / JUDICIAL MAGISTRATE FIRST CLASS
At: [City/District Name]

Case No.: _________ of 20__

IN THE MATTER OF:

[Petitioner’s Full Name]
D/o [Father’s Name],
Aged __ years,
Currently residing at [Full Address]
… Petitioner (Wife)

VERSUS

[Respondent’s Full Name]
S/o [Father’s Name],
Aged __ years,
Occupation: [Profession, if known],
Residing at: [Full Address]
… Respondent (Husband)

PETITION UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR GRANT OF MAINTENANCE TO THE PETITIONER

TO,
The Hon’ble Judicial Magistrate at [City]

The humble petition of the Petitioner above-named:

MOST RESPECTFULLY SHOWETH:

  1. Marriage and Relationship:
    The Petitioner was legally married to the Respondent on [Date] at [Place], in accordance with Hindu rites and customs/law applicable to both parties. After marriage, the Petitioner lived with the Respondent at [marital residence].

  2. Cruelty and Desertion:
    After the marriage, the Petitioner was subjected to continuous physical and mental cruelty by the Respondent. The Respondent, without any reasonable cause, neglected and refused to maintain the Petitioner and eventually forced her to leave the matrimonial home on [Date].

  3. No Source of Independent Income:
    The Petitioner is a homemaker with no independent source of income or financial support. She is entirely dependent upon others for her survival and daily sustenance.

  4. Respondent’s Means and Income:
    The Respondent is a healthy and able-bodied man, working as [mention occupation/business] and earning approximately ₹____ per month. He also has additional income from [rental income, agriculture, business, etc.].

  5. Neglect and Refusal to Maintain:
    The Respondent has willfully neglected and refused to maintain the Petitioner despite having sufficient means and capacity. Repeated requests for financial support have been ignored by the Respondent.

  6. Legal Right to Maintenance:
    Under Section 125 of the CrPC, every wife who is unable to maintain herself is entitled to maintenance from her husband if he has sufficient means but neglects or refuses to maintain her.

  7. Petitioner’s Reasonable Needs:
    The Petitioner requires at least ₹____ per month to meet her basic expenses, which include food, clothing, rent, medical treatment, and other necessary costs of living in a dignified manner.

  8. No Previous Litigation Pending:
    That no other similar maintenance proceeding is pending between the parties in any other Court of law, and this is the first petition of its kind.

  9. Jurisdiction:
    The cause of action arose within the jurisdiction of this Hon’ble Court, and the Petitioner currently resides within its territorial limits.

PRAYER

In view of the above-mentioned facts and circumstances, the Petitioner humbly prays that this Hon’ble Court may be pleased to:

a) Grant maintenance of ₹____ per month (or such amount as this Hon’ble Court deems just and proper) in favour of the Petitioner and direct the Respondent to pay the same regularly;
b) Direct the Respondent to pay interim maintenance during the pendency of this petition;
c) Award litigation costs and any other relief that the Hon’ble Court deems just and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL EVER PRAY.

Place: [City]
Date: [DD/MM/YYYY]

[Signature of the Petitioner]
(Petitioner – Wife)

VERIFICATION

I, [Petitioner’s Full Name], the Petitioner above named, do hereby solemnly affirm and verify that the contents of this petition are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.

Verified at [City] on this ___ day of [Month], 20__.

[Signature of the Petitioner]

AFFIDAVIT

I, [Petitioner’s Full Name], W/o [Husband’s Name], currently residing at [Address], do hereby solemnly affirm and declare as under:

  1. That I am the Petitioner in the above case and I am well conversant with the facts of the case.

  2. That the contents of the accompanying petition are true and correct to the best of my knowledge, belief, and information.

DEPONENT
(Signature)

VERIFICATION
Verified at [City] on this ___ day of [Month], 20__ that the contents of the above affidavit are true and correct.

DEPONENT
(Signature)

VAKALATNAMA

Know all men by these presents that I, [Petitioner’s Full Name], do hereby appoint Advocate [Name], enrolled with [Bar Council Name], having his/her office at [Address], to act, appear and plead on my behalf in the above matter before this Hon’ble Court.

Date:
Place:
[Signature of Petitioner]


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