IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE, DELHI
MAINTENANCE PETITION NO. ….. OF 2020
IN THE MATTER OF:
1. Smt.Y
2. Master X(Minor)
Through Mother and Natural Guardian Smt. Y …PETITIONER
VERSUS
Sh. B …RESPONDENT
INDEX
SL.No. PARTICULAR COURT FEE PAGES
1.
MEMO OF PARTIES
2. APPLICATION UNDER SECTION 125 OF THE
CODE OF CRIMINAL PROCEDURE, 1973 FOR
MAINTENANCE ALONGWITH SUPPORTING
AFFIDAVIT
3.
LIST OF DOCUMENTS
ALONGWITH DOCUMENTS
4.
VAKALATNAMA
DEFENDANT THROUGH
ADVOCATE
PLACE: DELHI
DATE:
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE, DELHI
MAINTENANCE PETITION NO. ….. OF 2020
IN THE MATTER OF:
1. Smt.Y,
2. Master X(Minor)
Through Mother and Natural Guardian Smt. Y …PLAINTIFF
VERSUS
Sh. B …DEFENDANT
MEMO OF PARTIES
1. Smt.Y, w/o B, r/o Mayur Vihar, Delhi
2. Master X(Minor) s/o B,
Through Mother and Natural Guardian Smt. Y ……Petitioners
Versus
B s/o ABC, r/o Vasant Vihar, Delhi …….. Respondent
DEFENDANT THROUGH
ADVOCATE
PLACE: DELHI
DATE:
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE, DELHI
Maintenance Petition No. ….. of 2020
3. Smt.Y, w/o B, r/o Mayur Vihar, Delhi
4. Master X(Minor) s/o B,
Through Mother and Natural Guardian Smt. Y ……Petitioners
Versus
B s/o ABC, r/o Vasant Vihar, Delhi …….. Respondent
APPLICATION UNDER SECTION 125 OF THE
CODE OF CRIMINAL PROCEDURE, 1973 FOR MAINTENANCE
The Petitioners above-named most respectfully submits as under:-
1. That Petitioner No.1 is the legally wedded wife of the Respondent while Petitioner
No.2 is the legitimate son of the Respondent. Both the Petitioners are residing within
the jurisdiction of this Hon’ble Court.
2. The petitioner No.2 was married to the respondent according to the Hindu rites and
ceremonies on 22nd January, 2010 at New Delhi and Petitioner No, 2 was born out of
wedlock on 1st February, 2012. Petitioner no, 2 is staying with petitioner no.1 at
present.
3. That petitioner no.1 and the respondent stayed together after their marriage at Delhi.
4. That sometime during the period June-July, 2014, the matrimonial life of the
Petitioner No.1 and the Respondent got disturbed on account of the illegitimate affair
of the respondent with a girl named Ms. A. The Petitioner 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 petitioner no.1 became rude, and abusive and finally on 10 th
July, 2015, the respondent compelled petitioner no. 1 and petitioner No.2 to leave his
house and since then, the petitioners are staying with petitioner No. 1’s father.
5. That the petitioner No.1 has made repeated attempts to join the respondent in the
matrimonial home. However, the respondent has refused to take back the petitioners
and has clearly informed petitioner No.1 that he was planning to marry Ms A though
the same is not permissible in law. As such, the respondent has deserted the
petitioners without any reasonable cause.
6. That the respondent is liable to maintain the petitioners who have repeatedly
requested the respondent to provide them the appropriate maintenance, however, the
respondent has refused to maintain the petitioners.
7. That the respondent is a man of status and is working as a Bank Manager in the
Punjab National Bank. He is getting monthly emoluments of about Rs 50,000/- per
month and as such has sufficient means to maintain himself with the petitioners. He
has no liabilities except that of maintenance of the Petitioners.
8. That petitioner no.1 has no independent source of livelihood and as such is unable to
maintain herself. She is staying with her father at Delhi and as such both the
petitioners are dependent upon them.
9. That petitioner no.2 is a minor and is also staying with petitioner no.1. he is studying
in Delhi Public School, New Delhi and his monthly expenditure including school fees,
dresses etc., is more than Rs. 5000.
10. That the petitioners are residing in Delhi. This Hon’ble court therefore is competent to
entertain and try this petition.
PRAYER
It is therefore, most respectfully prayed that the orders for maintenance of the
Petitioners be passed in favour of the Petitioners and against the respondent to pay the
monthly allowance of Rs. 5,000/- towards the maintenance of petitioner No.1 and Rs.
10,000/- towards the maintenance of Petitioner No.2 The costs of the proceedings be
also awarded to the Petitioners.
Petitioners
Place: Through
Date: Sd/- ( Advocate)
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE, DELHI
Maintenance Petition No. ….. of 2020
1. Smt.Y, w/o B, r/o Mayur Vihar, Delhi
2. Master X(Minor) s/o B,
Through Mother and Natural Guardian Smt. Y ……Petitioners
Versus
B s/o ABC, r/o Vasant Vihar, Delhi …….. Respondent
AFFIDAVIT
AFFIDAVIT OF Smt. Y, W/O B, R/O MAYUR VIHAR, DELHI
The Deponent does hereby solemnly affirm and declare as under:
1. That the accompanying complaint for maintenance petition under Section 125 CrPC
has been drafted by my counsel as per my instructions and all the facts stated therein
is true to my own knowledge and correct.
Deponent
VERIFICATION
Verified at Delhi on 15th March, 2020, that the contents of above affidavit are true to
my own knowledge and nothing material has been concealed therefrom.
Deponent
