MAINTENANCE SUIT DRAFT FORMAT

on

 .


MAINTENANCE SUIT DRAFT FORMAT

(For Filing Under Section 125 CrPC / or relevant Maintenance Law)

IN THE COURT OF THE Ld. JUDICIAL MAGISTRATE / FAMILY COURT, _________

Maintenance Case No.___/20

In the matter of:

Smt. ________________________

W/o ___________________________

Aged: ______ years

Address: _____________________________________________

… Petitioner

Versus

Shri __________________________

S/o _____________________________

Aged: ______ years

Occupation: ____________________

Address: _____________________________________________

… Respondent

APPLICATION UNDER SECTION 125 CrPC FOR GRANT OF MAINTENANCE

Most Respectfully Showeth:

1. Marriage Details

That the petitioner is the legally wedded wife of the respondent. Their marriage was solemnized on dated //_____ as per Hindu rites and customs at ____________________.

2. Cohabitation

That after marriage, the petitioner and respondent resided together at the matrimonial home situated at ____________________________________ and lived together as husband and wife.

3. Cruelty / Neglect (Reason for Separation)

That after some time of marriage, the respondent started treating the petitioner with cruelty — both mental and physical. The respondent neglected the petitioner’s basic needs, did not provide food, medical care, or financial support, and ultimately forced the petitioner to leave the matrimonial home on //_____.

(You may modify: harassment, dowry demand, assault, alcohol addiction, extramarital affair, etc.)

4. Respondent’s Income

That the respondent is a healthy, able-bodied and financially sound person, earning approximately Rs. _________ per month from his job/business as ________________________.

5. Petitioner’s Condition

That the petitioner has no source of income and is fully dependent upon the respondent for survival. She has no means to maintain herself.

6. Neglect by Respondent

That despite having sufficient means, the respondent has wilfully neglected and refused to maintain the petitioner without any justifiable reason.

7. Children (If any)

That out of the wedlock, one child namely Master/Miss __________________, aged ____ years, was born. The respondent is also not maintaining the minor child.

8. Cause of Action

That the cause of action for filing this application arose on the date when the respondent refused to maintain the petitioner and continues to arise every day.

9. Jurisdiction

That this court has jurisdiction to entertain and try this petition as the petitioner resides within the jurisdiction of this Hon’ble Court.

PRAYER

In view of the above facts and circumstances, it is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to:

  1. Grant monthly maintenance of Rs. __________/- to the Petitioner.

  2. Grant monthly maintenance of Rs. __________/- for the minor child (if applicable).

  3. Pass an order for interim maintenance under Section 125(1) CrPC during pendency.

  4. Grant any other relief(s) which this Hon’ble Court may deem fit and proper in the interest of justice.

Petitioner

Through
Advocate 

Place: ___________
Date: //20___


Comments

Post a Comment