Complaint for Maintenance under section 125 CrPC is hereby given below.
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, __________.
CRIMINAL COMPLAINT NO. __________ OF 2017
IN THE MATTER OF :-
1. X _______ W/o Z._________ R/o _________
2. Master R ______ S/o Z _________ R/o __________
through his mother and natural guardian X COMPLAINANTS
Z ____S/o ______R/o _____ RESPONDENT/ACCUSED
APPLICATION UNDER SECTION 125 OF THE CODE OF
CRIMINAL PROCEDURE, 1973
MAY IT PLEASE YOUR HONOUR:
The Complainant above named most respectfully submits as under
1. That Complainant No. 1 is the legally wedded wife of the Respondent while Complainant No. 2 is the legitimate son of the Respondent. Both the Complainants are residing within the jurisdiction of this Hon’ble Court.
2. That Complainant No.1 was married to the Respondent according to the Hindu Rites and ceremonies on ____________ at ________ and Complainant No. 2 was born out of their wedlock on __________. Complainant No. 2 is staying with Complainant No. 1 at present.
3. That Complainant No. 1 and Respondent stayed together after their marriage and for the last two years proceeding________, they were staying at ________.
4. That sometime during the period of __________ 20XX the matrimonial life of Complainant No. 1 and the Respondent got disturbed on account of the illegitimate affair of the Respondent with a girl named Mrs. A. Complainant No. 1 made best possible efforts to persuade the Respondent to desist from indulging in an affair outside their wedlock. However, the same had no effect on the Respondent. Rather, the behaviour of the Respondent towards Complainant No. 1 became rude, cruel and oppressive, and finally on ___________, the Respondent compelled Complainant No. 1 to leave the matrimonial home along with Complainant No. 2, since then, the Complainants are staying with Complainant No. 1’s father.
5. That the Complainant No.1 has made repeated attempts to join the Respondent in the matrimonial home. However, the Respondent has refused to take back the Complainants and has clearly informed Complainant No. 1 that he was planning to marry Mrs. A though the same is not permissible under law. As such, the Respondent has deserted the Complainants without any reasonable cause.
6. That the Respondent is liable to maintain the Complainants who have repeatedly requested the Respondent to provide them the appropriate maintenance. However, the Respondent has not only refused/neglected to maintain the Complainants, but has also refused to ever part with/return the articles belonging to Complainant No. 1 towards the dowry and Stridhan which are lying at the Respondent’s house.
7. That the Respondent is a man of status and is working as ____________ in ___________. He is getting monthly emoluments of about Rs. _________ per month and as such has sufficient means to maintain himself and the Complainants. He has no encumbrances or liabilities except that of maintenance of the Complainants.
8. That Complainant No. 1 has no independent source of livelihood and as such is unable to maintain herself. She is staying with her father at ______ and as such both the Complainants are dependent upon him.
9. That Complainant No. 2 is a minor and is also staying with Complainant No. 1. He is studying in_______ Public School, ________, and his monthly expenditure including school fees, dresses etc. etc. is more than Rs. ______ Apart from this, Complainant No. 1 has also kept a maidservant to properly look after Complainant No. 2 and is paying her Rs. _______per month which is presently being borne by her father.
10. That the Complainants are residing at ______. This Hon’ble Court therefore is competent to entertain and try this petition.
It is, therefore, most respectfully prayed that the orders for maintenance of the Complainants be passed in favour of the Complainant and against the Respondent directing the Respondent to pay the monthly allowance of Rs. ___ towards the maintenance of Complainant No. 1 and Rs ______ towards the maintenance of Complainant No. 2. The costs of these proceedings be also awarded to the Petitioner.
Dated: _______ ADVOCATE