QUESTION NO: 6

Draft an application for maintenance by wife under Section 125 of

Criminal Procedure Code, against the husband. Provide a footnote
containing the provisions of law and at least THREE case laws on the
aspect of (i) right of the wife to claim maintenance (ii) on the income of
the husband and (iii) entitlement of the wife to claim maintenance.

IN THE FAMILY COURTof AHEMDABAD AT AHEMDABAD

CASE NO: 20/7 OF 2020

IN THE MATTER OF:

Smt. Niya, W/O Vimal, & Nivi S/O Vimal PETITIONER 1 & 2
(Address)
VERSUS
Mr. Vimal , S/0 Himanshu ` RESPONDENT
(Address)

PETITION FOR MAINTENENCE UNDER SECTION 125 OF CRIMINAL

PROCEDURE CODE

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner No. 1 is legitimately married spouse of the Respondent and the
Petitioner No. 2 is their son aged 6 years.

2. That marriage of Petitioner No. 1 was solemnized with the respondent on 24/ 2
/2012 as indicated by Hindu customs mentioned under Hindu Marriage Acts’
1955. After the marriage, Petitioner No. 1 began dwelling at her wedding home.
One year after the marriage, Petitioner No. 1 was honored with male kid Petitioner
No. 2. For around 6 years, relations between Petitioner No. 1 and her significant
other respondent were agreeable; however from that point the respondent began
treating her with cold-bloodedness in the wake of becoming inebriated. After
rehashed demonstrations of Cold-bloodedness at his hands on 12/3/2019 the
respondent ousted Petitioner No. 1 from the wedding home and from that point
forward she alongside minor child Petitioner No. 2 has been constrained to live at
her parental house.

3. That the respondent has never sent any cash or delivered any monetary sort of
monetary assistance to the Petitioner to meet her costs and costs of the minor
 child. Candidate having no type of revenue can't keep up herself and the
youngster.

4. That the Respondent is a Government Employee and acquiring Rs. 55,000/ - every
month Net Salary.

5. That the Respondent has no other responsibility, while the Petitioner is reliant
upon him for her everyday costs and the Petitioner is as needs be qualified for
guarantee upkeep to meet her everyday costs.

6. That the Petitioner is as needs be qualified for guarantee support to meet her
everyday costs.

7. That this Court has the ward to engage and attempt this appeal as marriage among
applicant and the respondent was solemnized here and the petitioners are living
inside the Jurisdiction of this Court.
In the conditions the respondent has adequate reason to live independently with her
kid and implores that your Honor might be charitably satisfied to arrange the
respondent to offer a month to month leeway for support of the candidate and her
minor child at the pace of Rs. 20,000 i.e. Rs. 12,000 for Petitioner no.1 and Rs. 8,000
for Petitioner no.2 every month or at such rate as your Honor may consider fit and
appropriate. Structure the date of this application.

PRAYER
That the petitioner, therefore, prays:
a) the Respondent be coordinated to pay month to month remittance of Rs.
20000/ - via Maintenance; and
b) Some other alleviation or reliefs which the court may consider appropriate the
situation being what it is be additionally granted to the candidate.

PETITIONER THROUGH
ADVOCATE
PLACE:
DATE:

VERIFICATION
I, Smt. Niya do thus seriously confirm on pledge say as under:

I being petitioner above-named and I know current realities/conditions of the case and I
am ready to oust thereto and the assertions contained in the sections 1 to 7 of the previous
request are consistent with my best information and that I have not smothered any
material truth.

Signed and verified this day of 20/ 1/2020 at Ahemdabad.