Permanent Alimony and Maintenance Petition Format under Section 25 of the Hindu Marriage Act, 1955

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT / DISTRICT COURT AT __________

HMA CASE / APPLICATION NO. ______ OF 20__

IN THE MATTER OF:

APPLICATION UNDER SECTION 25 OF THE HINDU MARRIAGE ACT, 1955 FOR PERMANENT ALIMONY AND MAINTENANCE

MOST RESPECTFULLY SHOWETH:

1. That the Applicant and the Respondent were married on __________ at __________ according to Hindu rites and ceremonies. The marriage was registered before __________, if applicable. A copy of the marriage certificate / relevant proof is annexed as Annexure A-1.
2. That proceedings under Section ______ of the Hindu Marriage Act, 1955 were instituted before this Hon'ble Court and were registered as HMA Case No. ______ of 20__. By decree/order dated __________, this Hon'ble Court __________________________. A copy of the decree/order is annexed as Annexure A-2. [Where the application is being moved for consideration at the time of decree, modify this paragraph accordingly.]
3. That the Applicant presently resides at __________________ and the Respondent presently resides at __________________.
4. That the Applicant's present occupation/employment is __________________ and the Applicant's approximate monthly income from all sources is Rs. __________. The Applicant's material assets, liabilities and recurring expenses are disclosed in the accompanying financial affidavit and supporting documents.
5. That the Respondent is, to the Applicant's knowledge, employed / engaged in business / profession as __________________ and earns approximately Rs. __________ per month / annum, besides income from __________________. The basis and supporting material for this statement are __________________.
6. That the Respondent owns / has an interest in the following movable and immovable assets, to the extent known to the Applicant: __________________________.
7. That the Applicant's reasonable monthly expenses, including residence, food, utilities, transport, medical expenses, insurance, dependent-family expenses and other necessary expenditure, are approximately Rs. __________, particulars whereof are stated in the financial-disclosure affidavit.
8. That the Applicant has the following dependants and/or unavoidable financial obligations: __________________________.
9. That the Respondent has / has not been making voluntary or court-directed payments towards the Applicant's maintenance. Details of all existing maintenance orders, payments and proceedings under any other law are: __________________________.
10. That, considering the income and property of both parties, their reasonable needs and liabilities, the conduct of the parties where legally relevant, the standard of living during the marriage and the other circumstances of the case, it is just and proper to award permanent alimony and maintenance to the Applicant under Section 25 HMA.
11. That the Applicant seeks a gross/lump-sum amount of Rs. __________ OR monthly/periodical maintenance of Rs. __________, or such amount and for such period as this Hon'ble Court considers just on the evidence.
12. That, if necessary to secure payment, the Applicant seeks an appropriate charge over the following immovable property of the Respondent: __________________________.
13. That no material fact relevant to the present application has been concealed. Particulars of previous or pending proceedings concerning maintenance between the parties have been disclosed to avoid overlapping or inconsistent maintenance orders.

PRAYER

In the above facts and circumstances, the Applicant respectfully prays that this Hon'ble Court may be pleased to:

1. award the Applicant permanent alimony and maintenance under Section 25 of the Hindu Marriage Act, 1955, by directing the Respondent to pay a gross sum of Rs. __________ and/or monthly or periodical maintenance of Rs. __________, or such other amount as this Hon'ble Court considers just;
2. where considered necessary, secure the payment by an appropriate charge on the Respondent's immovable property described above;
3. award costs of this application; and
4. pass such further or other order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.

Place: __________
Date: __________

VERIFICATION

I, __________________, the Applicant above named, verify that the contents of paragraphs ___ to ___ are true to my personal knowledge, paragraphs ___ to ___ are based on records/information believed to be true, and the legal submissions and prayer are based on legal advice received and believed to be correct. No material fact has been concealed.

Verified at __________ on this ___ day of __________, 20__.

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT / DISTRICT COURT AT __________

HMA CASE / APPLICATION NO. ______ OF 20__

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER SECTION 25 OF THE HINDU MARRIAGE ACT, 1955

I, __________________, son/daughter of __________________, aged about ___ years, occupation __________________, residing at __________________, do hereby solemnly affirm and state as follows:

1. That I am the Applicant in the accompanying application under Section 25 of the Hindu Marriage Act, 1955 and am competent and well acquainted with the facts of the case.
2. That I have read and understood the contents of the accompanying application. The factual statements therein are true to my knowledge or based on records/information believed by me to be true.
3. That the particulars concerning my income, expenditure, assets and liabilities are disclosed separately in the applicable Affidavit of Disclosure of Assets and Liabilities and supporting documents filed before this Hon'ble Court.
4. That I have disclosed the material maintenance proceedings and orders, if any, between the parties and have not intentionally suppressed any material fact relevant to the present claim.

DEPONENT

VERIFICATION

Verified at __________ on this ___ day of __________, 20__ that the contents of the above affidavit are true and correct to my knowledge and belief, no part is false and nothing material has been concealed therefrom.