IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,

SAKET COURTS, NEW DELHI

MAINTENANCE PETITION NO…….. OF 2017

IN THE MATTER OF:

1. KIRTI
W/o Rahul,
D/o Shri Mangal Singh,
R/o 259-A, Block-A,
Nav Jeeven Camp,
Govind Puri, Kalkaji, New Delhi
Mobile No. 8800744950

2. MASTER KABIR, Age 1+ Yrs

S/o. Sh. Rahul,
R/o 259-A, Block-A,
Nav Jeeven Camp,
Govind Puri, Kalkaji, New Delhi

Petitioner no.2 being minor

Represented through their mother) …. Petitioners

Versus

SHRI RAHUL,
S/o. Late Shri Panna Lal,
R/o. D-684, J.J. Colony,
Shiv Vihar, Uttam Nagar,
New Delhi-110059.
Mobile No.9873746794
…. Respondent

P.S. Govind Puri

LEGAL AID CASES AIDED BY DELHI STATE LEGAL SERVICES

AUTHORITY/SOUTH EAST DISTRICT

PETITION UNDER SECTION 125 Cr.P.C. FOR GRANT OF

MAINTENANCE TO THE PETITIONERS

RESPECTFULLY SHOWETH:-

1. That the petitioner no.1 is presently residing at the

aforesaid address along with her minor children i.e.
petitioner no.2.
2. That the Petitioner No.1 was married with Respondent
on Dated 2 7.05.2015 , at Navjeevan Camp, Govind Puri,
Kalkaji, New Delhi according to Hindu Rites and
Ceremonies. (The Marriage Photographs is Annexed
as Annexure “A” ).

3. That the marriage between the parties was performed

in a simple manner and no dowry items were given by
the family members of Petitioner No.1, but the parents
of the Petitioner No.1 made good arrangements of
service of food to all ‘Baratees’ served at the time of
marriage function.

4. That one child namely Master Kabir (son) i.e.

petitioner no.2 was born on 16-03-2016 at New Delhi
(The True Copy of D.O.B. of Master Kabir issued by
SDMC Vide Birth Certificate No.161803 is Annexed as
Annexure “B” ).

5. That the Petitioner No.1 is living with her parents

having brother and sister living in rented
accommodation and her father is Vegetable Seller
“Sabji Wala” in local area earning in hand to mouth
situations. Further Petitioner No.1 father is only bread
earner of the family.

6. That after the 3-4 months of the marriage, the

petitioner no.1 was harassed by the respondent and
used abusive language on curse the petitioner no.1 on
petty issues and most important hide the fact about
his habit of drinking alcohol. The Respondent did not
give single penny to the petitioner for daily needs and
also did not provide milk and medicine to the minor
son.

7. That the respondent is a habitual drunkard and has

illegal relationship with her real elder sister, who is
married with respondent elder brother, and most of his
earning spent on the said bad habits and also
respondent used to spend his earning on the said
illegal relationship and when the petitioner no.1 used
to stop the respondent for doing so and to concentrate
on the welfare of the family, he mercilessly beaten the
petitioner no.1 by fists and leg blows.
 8. That when the petitioner no.1 demands the respondent
to take responsibility of food (Ration) and provide daily
house hold items like milk and medicine of small son,
the respondent beaten the petitioner no.1 and Baby on
the said demands. The Petitioner lastly Call the Police
on 100 Number but the Police Official did not take the
serious note but immediately on the next day the
respondent mercifully beaten the petitioner.

9. That to save her matrimonial life, the petitioner no.1

continue to live with the respondent with the hope that
the respondent will mend his ways, but the behaviour
of the respondent was not changed and the cruelty
could not be stopped. The petitioner no.1 tolerated all
the cruelties, torture with the hope that one day come
when the respondent will mend his ways.

10. That the petitioner no.1 tolerated the cruelties,

torture, harassment, beatings, atrocities, taunting,
misbehavior, maltreatment at the hands of the
respondent only to save her married life but the
respondent did not changed his attitude.

11. That the Petitioner No.1 along with Petitioner No.2 are
living separately since 19 t h July 2017 with their
parents.

12. That the respondent has not cared to maintain the

Petitioners and has willfully neglected and refused to
maintain the Petitioners.

13. That the respondent is presently by profession having

an business as “Kabadi” of and is earning more than
Rs.20,000/- (Rs. Twenty Thousand) per month.
Besides, respondent is also having other moveable,
immovable and agriculture properties in his name at
his native village and he is enjoying luxurious life.

14. That the petitioners further submit that the

respondent has liability towards the petitioners and he
is legally bound to maintain the petitioners.

15. That the respondent though has sufficient income, has

intentionally and deliberately failed, neglected and
refused to maintain the petitioners.
 16. That the petitioner has no independent source of
income and is depend upon her parents and on the
mercy of God. It is submitted that the petitioner no.2
aged about 1+ years old child, also fully dependent
and it is responsibility of the respondent to maintain
petitioner, her son and provide Food, Home, Shelter,
Milk, and Medicine to the petitioner No.1 (Wife) being
the Legally wedded wife and with Petitioner No.2 being
own child.

17. That the petitioner is residing within the jurisdiction

of this Hon’ble Court.

18. That the petitioner respectfully submits that the

Hon'ble High Court of Delhi has observed that over the
time, the courts have evolved a formula that the
petitioner and her child both are competent for
maintenance.

PRAYER

In view of the above mentioned facts and circumstances, it is

respectfully prayed that this Hon’ble Court may be pleased :

1. To direct the respondent to pay the maintenance

amount of Rs.10,000/- per month to the petitioners.

2. To direct the respondent to pay the cost of the

litigation to the petitioners and/or;

3. To pass any other or further order as this Hon’ble

Court may deems fit and proper in the interest of
justice.

NEW DELHI PETITIONERS

DATED: Petitioner no.1 for herself

And on behalf of petitioner no.2
 Filled By :

Ms. Pammi Chauhan, Advocate

Legal Aid Counsel from DLSA South East
Chamber No.__________, Lawyer’s
Block, Saket District Courts,
New Delhi.
Mobile No. 8800315490.
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
SAKET COURTS, NEW DELHI

MAINTENANCE PETITION NO…….. OF 2017

IN THE MATTER OF

Smt. Kirti & Ors …. Petitioners

Versus

Shri Rahul …. Respondent

APPLICATION FOR GRANT OF INTERIM MAINTENANCE

ALLOWANCE TO THE PETITIONERS

MOST RESPECTFULLY SHOWETH:-

1. That the petitioners have filed a petition under section 125

Criminal Procedure Code against the respondent for grant
of maintenance. The contents of the same be read as part
and parcel to this application.

2. That the petitioners are not able to earn livelihood for

themselves. It is submitted that presently due to paucity of
funds the petitioner no.1 is living at the above noted
address alongwith her minor children i.e. petitioner no.2.

3. That the respondent income is Rs.20,000/- per month as

already detailed in the accompanying petition and the
petitioners are entitled for maintenance of Rs.10,000/- per
month.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court
may be pleased to pass an order thereby directing the respondent
to pay interim maintenance of such amount as this Hon’ble
Court may deem fit and proper, to the petitioners during the
pendency of the main petition. It is further prayed that the
respondent be directed to pay the said interim maintenance
amount as awarded by this Hon’ble Court from the date of filing
of the petition.

NEW DELHI PETITIONERS

DATED:
THROUGH

Petitioner no.1 for herself

& on behalf of petitioner no.2

Filled By :

Ms. Pammi Chauhan, Advocate

Legal Aid Counsel from DLSA South East
Chamber No.__________, Lawyer’s
Block, Saket District Courts, New Delhi
Mobile No. 8800315490.
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
SAKET COURTS, NEW DELHI
MAINTENANCE PETITION NO…….. OF 2017

IN THE MATTER OF

Smt. Kirti & Ors …. Petitioners

Versus
Shri Rahul …. Respondent

AFFIDAVIT

I, Smt. Kirti Age About 23 Years w/o Shri Rahul R/o 259A, Block-
A, Navjeevan Camp, Govindpuri, Kalkaji, New Delhi-110019, do
hereby solemnly affirm and declare as under:-
1. That I am the petitioner no.1 and mother of petitioner no.2
in the present case and as such I am well conversant with
the facts and circumstances of the present matter and am
competent to swear this affidavit.
2. That the accompanying petition U/s.125 Cr.P.C. for grant of
maintenance has been drafted by my counsel on my
instruction and the facts stated therein are true and correct
to the best of my knowledge and belief. The contents of the
same may be treated as part and parcel of this affidavit as
the same are not being repeated herein for the sake of
brevity.
Deponent
Verification:-
Verified at Delhi on this ___Day of July 2015, that the
contents of my above affidavit are true and correct to the best of my
knowledge and nothing material has been concealed therefrom.
Deponent
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
SAKET COURTS, NEW DELHI

MAINTENANCE PETITION NO…….. OF 2017

IN THE MATTER OF

Smt. Kirti & Ors …. Petitioners

Versus

Shri Rahul …. Respondent

AFFIDAVIT

I, Smt. Kirti Age About 23 Years w/o Shri Rahul R/o 259A, Block-
A, Navjeevan Camp, Govindpuri, Kalkaji, New Delhi-110019, do
hereby solemnly affirm and declare as under:-

1. That I am the petitioner no.1 and mother of petitioner no.2 in the

present case and as such I am well conversant with the facts and
circumstances of the present matter and am competent to swear
this affidavit.

2. That the accompanying application for interim maintenance has

been drafted by my counsel on my instruction and the facts
stated therein are true and correct to the best of my knowledge
and belief. The contents of the same may be treated as part and
parcel of this affidavit as the same are not being repeated herein
for the sake of brevity.
3. The Content the above case is explained me in Hindi by the
Counsel. It is my true and correct statement.

Deponent
Verification:-

Verified at Delhi on this ___Day of September 2017, that the

contents of my above affidavit are true and correct to the best of my
knowledge and nothing material has been concealed therefrom.

Deponent
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
SAKET COURTS, NEW DELHI

MAINTENANCE PETITION NO…….. OF 2017

IN THE MATTER OF

Smt. Kirti & Ors …. Petitioners

Versus
Shri Rahul …. Respondent

INDEX

S.No. Particulars Pages Court

Fee
1. Memo of Parties

2. Petition U/s. 125 Cr.P.C.

alongwith affidavit

3. Application for interim

maintenance alongwith
affidavit

4. Affidavit for marriage proof

5. Affidavit of residence proof of

the petitioner no.1. And Copy
of the D.O.B. Proof of
Petitioner No.2 issued by
SDMC, New Delhi

6. Petitioner’s Income Affidavit

7. Vakalatnama

NEW DELHI PETITIONERS

DATED: THROUGH
Ms. Pammi Chauhan/Adv.
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
SAKET COURTS, NEW DELHI
MAINTENANCE PETITION NO…….. OF 2017

IN THE MATTER OF

Smt. Kirti & Ors …. Petitioners

Versus
Shri Rahul …. Respondent

MEMO OF PARTIES

1. KIRTI
W/o Rahul,
D/o Shri Mangal Singh,
R/o 259-A, Block-A,
Nav Jeeven Camp,
Govind Puri, Kalkaji, New Delhi
Mobile No. 8800744950

2. MASTER KABIR, Age 1+ Yrs

S/o. Sh. Rahul,
R/o 259-A, Block-A,
Nav Jeeven Camp,
Govind Puri, Kalkaji, New Delhi

(Petitioner no.2 being minor

Represented through their mother) …. Petitioners
Versus

SHRI RAHUL,
S/o. Late Shri Panna Lal,
R/o. D-684, J.J. Colony,
Shiv Vihar, Uttam Nagar,
New Delhi-110059.
Mobile No.9873746794
…. Respondent

P.S. Govind Puri

NEW DELHI PETITIONERS

DATED: THROUGH
Petitioner no.1 for herself
& on behalf of petitioner no.2
Filled By :

Ms. Pammi Chauhan, Advocate