IN THE COURT OF PRINCIPAL JUDGE FAMILY COURT CAMP

COURT AT KANINA DISTRICT MAHENDERGARH

Mamta Singh & Othr Versus Sumit Singh

PETITION UNDER SECTION 127 OF CR.P.C.

INDEX

SR.No. PARTICULARS PAGE

1. Petition under section 127 of Cr.p.c.

2. Affidavit

3. Application under section 13 of HMA

4. Talbana

5. Vakalatnama

Date:

Through Counsel Petitioners

Subodh Kumar, 1. Mamta Singh

Advocate 2. Nameet Singh

IN THE COURT OF PRINCIPAL JUDGE FAMILY COURT CAMP
COURT AT KANINA DISTRICT MAHENDERGARH

1. Mamta singh W/o Sumit Singh D/o Lal Singh R/o Village
Bharph, Teshil Kanina, District Mahendergarh, Haryana

2. Navmeet Singh S/o Sumit Singh R/o Village Bharph, Teshil

Kanina, District Mahendergarh, Haryana

Petitioners

Versus

Sumit Singh S/o Randhir Singh R/o F-54, Tower-D, Brisk

Lumbhi Terrace Homes, Sector 109, Gururgram, Haryana

Also at: B-402, NBCC Green View, Sector-37D, Gurugram,

Haryana

Respondent

PETITION UNDER SECTION 127 OF CR.P.C.

MOST RESPECTFULLY SHOWETH:

1. That the petitioners had filed a petition Under Section 125

of Cr.P.C. bearing No. RT-04 OF 2015 and the same was
decided 26-03-2018 vide which the Ld’ court of SDJM
kanina had directed the respondent to pay Rs. 7,000/- per
month from the date of the filing of the petition no.1 and Rs.
10,000/- per quarter towards education expenses of the
 petitioner No. 2. The said order have neither modified nor
set aside by any of the court and become final. The
petitioners had filed execution petition against the
respondent regarding the compliance of said order and the
said execution petition of the petitioners is dismissed as
withdrawn being fully satisfied up to 21-02-2023. Copy of
order dated 26-03-2018 is annexed herewith.

2. That the petitioners had filed the petitioner u/s 125 Cr.P.C.
in year 2015 and demanded Rs. 20,000/- per month for
their maintenance and education of petitioner No. 2. The
petitioner No. 2 was 5 years of age and was studying in
Nursery. The school fee of the petitioner No. 2 very too low
and but now the petitioner No.2 is in 8th standard and
student of RPS, Bharph, kanina. The school fee included
misc. charges of the petitioner no. 2 is more than 1 lakh per
annum. The petitioner No. 2 require more money for his
maintenance, medical, education and other misc. expenses.
The maintenance amount granted by the Hon’ble court of
Sh. Ramawatar Pareek the then SDJM, Kanina, vide its
order 26-03-2018 is not sufficient to meet day to day
expenses. Similarly in case of petitioner No 1 the amount
granted to her by the Hon’ble court of Sh. Ramawatar
Pareek the then SDJM, Kanina, vide its order 26-03-2018
are not sufficient to meet day to day expenses. The inflation
is increasing day by day and it is very difficult to the
petitioner to meet day to day expenses.

That at the time of filing of the petition No. RT-04 of 2015 under
section 125 Cr.P.C. the, respondent was working and earning
45,000/- per month and fetching a handsome rent from the flat
at rail vihar, sushant lok, sector 57, Gurugram. The total income
of the respondent was about 70,000/- per month. That presently
the respondent is earning about ONE lakhs per month from
salary and his family company MARKETZOID CONSULTING
PVT. LTD. at Gurugram, Haryana in which his father and
mother both are director along with one lady kalsang youdon.
The company is in house B-402, NBCC Green View, Sector-37D,
Gurugram, Haryana. The respondent is highly qualified and man
of means whereas the petitioners are totally dependent upon the
respondent. The respondent is enjoying luxurious life. The
petitioners are facing starving condition. The petitioner No1 is
unemployed and petitioner No. 2 is minor. The petitioner No. 1
used to remain busy in look after his minor son and she is
unable to do any job. The petitioner No. 2 is residing under the
care and custody of petitioner No. 1. The respondent has no other
liability expect to maintain petitioners. The petitioners requires
Rs. 45,000/- per month towards maintenance.

3. That there is material change in circumstances has

occurred which gives the justification and ground for filing
the present petition and in these circumstances the
maintenance amount and the education expenses granted
to the petitioners may kindly be increased from 10,333/-
per month to 45,000/- per month.

4. That petitioners have not file any other application for

modification of the order dated 26-03-2018 before the family
court except the present one. It is pertinent to mention here
that both the parties have filed revision petition against the
order dated 26-03-2018 which is pending adjudication.

5. That the appropriate court fee has been affixed on the

present petition.

6. That the petitioners are residing at village Bharph, kanina,

District Mahendrgarh, Haryana hence, this court has
jurisdiction to try and entertain the present petition.

In view of the aforesaid facts and circumstances, it is,

therefore, most respectfully prayed before this Hon'ble Court that
the order dated 26-03-2018 passed in respect of petition U/S.
125 Cr.P.C by the court of Ld’ SDJM, kanina, may kindly be
modified/altered to the extent of enhancing the maintenance
amount from Rs. 7000/- per month to Rs. 30,000/- per month to
the petitioner no. 1 and enhance the educational expenses of the
petitioner no. 2 from Rs. 10,000/- Quarterly to Rs. 45,000/-
Quarterly or the respondent is directed to pay Rs. 45,000/- to the
petitioners per month and it is further prayed that the
respondent is directed to pay Rs 22,000/- towards the litigation
expenses to the petitioners.
Any other relief which this Hon’ble court deem proper under the
circumstances may kindly be awarded to the petitioners.

Date : Petitioners

1. Mamta Singh W/o Sumit

Singh R/o Village Bharph, Teshil
Kanina, District Mahendergarh,
Haryana

2. Navmeet Singh S/o Sumit

Singh, R/o Village Bharph, Teshil
Kanina, District Mahendergarh,
Haryana

Verification:

I Verified that the contents of the para no.1 to ___ are true to my
knowledge and belief and para no. ---- to ----are legal which are
based upon legal advice which I believe to be true last para is the
prayer with this Hon’ble court.

Petitioners
IN THE COURT OF PRINCIPAL JUDGE FAMILY COURT CAMP
COURT AT KANINA DISTRICT MAHENDERGARH

Mamta Singh & Othr Versus Sumit Singh

PETITION UNDER SECTION 127 OF CR.P.C.

AFFIDAVIT

I, Mamta singh aged 35 years W/o Sumit Singh D/o Lal Singh
R/o Village Bharph, Teshil Kanina, District Mahendergarh,
Haryana do solemnly and say as follows:

1. That I am the applicant in the accompanying petition under

section 127 Cr.P.C. and well acquainted with the facts of the
case.

2. That the petition has been drafted on my instruction and

authority and has been read over and explained to me by
my counsel and I have signed the same in token of its
correctness. The contents of the above said execution
petition be read and treated as part and parcel of this
affidavit to avoid repetition and for the sake of brevity

3. That I am fully conversant with the facts and circumstances

of the execution petition and I am also competent to swear
this affidavit, which has been read over and explain to me
by the counsel.

DEPONENT

VERIFICATION:

Verified at Kanina on this ------th day of April, 2023 that the

contents of above affidavit are true and correct to the best of my
knowledge and nothing has been concealed therein at all.

DEPONENT
IN THE COURT OF PRINCIPAL JUDGE FAMILY COURT CAMP
COURT AT KANINA DISTRICT MAHENDERGARH

Mamta Singh & Othr Versus Sumit Singh

PETITION UNDER SECTION 127 OF CR.P.C.

APPLICATION UNDER SECTION 13 OF FAMILY COURT ACT

FOR SEEKING PERMISSION TO ENGAGE COUNSEL

Respected Madam,

The applicant/petitioner humbly submits as under:-

1. That the petitioner has filed above noted petition before the
Hon’ble court. The applicant is not aware about the
technicalities of the law. So the applicant is require to be
represented through her counsel.

It is therefore, prayed that the applicant/ petitioner may

kindly be permitted to engage and represented through
counsel/advocate to pursue the case.

Date:

Petitioner

Mamta Singh