As per Section 125 of CrPC (Order for maintenance of wives, children and parents),
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.
The Magistrate may also order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
Sample format of Petition under section 125 of Code of Criminal Procedure, 1973 is given below:
IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________
CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. W_________ PETITIONER
VERSUS
MR. H __________
RESPONDENT
PETITION FOR MAINTENANCE UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE
MOST RESPECTFULLY SHOWETH:
The Petitioner, above named submits as under:
1. That the Petitioner No. 1 is legally wedded wife of the Respondent.
2. That marriage of the Petitioner was solemnized with Respondent on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. After marriage Petitioner No. 1 started residing at the matrimonial home. Certified copy of the extract from the concerned register is attached herewith as Annexure A.
2. That for about four years, relation between Petitioner No. 1 and her husband Respondent were ordeal, but thereafter the Respondent started treating her with cruelty.
3. That on __________ the respondent turned out the petitioner from the matrimonial home and since then she has been compelled to live at her parental house.
4. That the respondent has never sent any money to the petitioner to meet her expenses and expenses of the minor child.
5. That the petitioner having no source of income is unable to maintain herself and the child.
6. That the Respondent is a Government Employee and earning Rs. 55,000/- per month Net Salary.
7. That the Respondent has no other liability, while the Petitioner is dependent upon him for her day to day expenses.
8. That the Petitioner is accordingly entitled to claim maintenance to meet her day to day expenses.
9. That this Court has the jurisdiction to entertain and try this petition as marriage between petitioner and the respondent was solemnized here and the petitioners are living within the Jurisdiction of this Court.
10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Petitioner, therefore, prays:
a) the Respondent be directed to pay monthly allowance of Rs. 17500/- by way of Maintenance; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
PETITIONER
THROUGH
______________., Advocate
Place :
Date :
VERIFICATION
I, W, the Petitioner, state on solemn affirmation that whatever contained in paragraphs
____ to Para No __________ of the Petition is true to my own knowledge and that
whatever contained in paragraphs No _____ to Para No ________ is based on
information received and believed to be true to me.
Signed and verified this _______ day of _______ 20 _______ at _______
PETITIONER
IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________
CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. W_________ PETITIONER
VERSUS
MRS. H __________ RESPONDENT
AFFIDAVIT
I, Mr. / Ms. _______________ aged _________ years, Occupation _______ the
Petitioner do solemnly affirm and say as follows:
1. That I am the Petitioner in the accompanying Petitioner under Section 125 of
CrPC and well acquainted with the facts of the case.
2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.
3. That the Petitioner has not remarried and has not been guilty of any conduct disentitling her to receive maintenance from the Respondent.
4. That the Petitioner does not own any movable or immovable property and has also no source of income.
Signed at ___________ this ___________ day of ___________20__
DEPONENT
VERIFICATION
I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.
Signed and verified this _______ day of _______ 20 _______ at _______
DEPONENT
Mutual Consent Divorce Petition Format under Section 13(1)(B) of Hindu Marriage Act 1955
Petition for Judicial Separation under Section 10 of Hindu Marriage Act, Format
Petition format for Decree of Nullity of Marriage under Section 11 of Hindu Marriage Act
Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act
Mutual Consent Divorce Petition format under Section 28 of Special Marriage Act
Divorce Petition under Special marriage act on the ground of Section 27, format
Petition for Dissolution of Marriage under Section 10 of Divorce Act 1869, by Christians, format
Mutual Consent Divorce for Christians, under Section 10A of Divorce Act 1869, Petition format
Affidavit format under Section 23(2) of The Protection of Women from Domestic Violence Act, 2005
Anticipatory Bail
Bail Application
Power of Attorney
Special Power Of Attorney Download __ To authorize for legal purposes
General power of attorney format download __ (GPA) General Power of Attorney format for property
RTI Application
RTI Application format download. How to fill Application under Right to Information Act application
Suits under Code of Civil Procedure
Format of Suit seeking Injunction against illegal construction, public nuisance etc.
Injunction Application seeking Injunction in a Suit already filed in the Court
Suit for Possession of Property after termination of License Agreement
Suit for Possession of Property Trespassed by Defendant, format