Steps – How to Draft – Maintenance Petition.
start with writing the court name exactly: “In the Court of the Hon’ble …” (jurisdiction must be clear)
then mention case number: “M.C. No. ___ of ____” (leave blank if fresh, court will fill later)
write petitioner’s full details: name, wife of __, age, occupation, address (also mention if residing at parents’ place etc.)
write respondent’s full details: name, son of __, age, occupation, address
give title of petition: “Petition under Sec. 125 CrPC”
begin with a formal line like “That it please your Honour, the petitioner submits as under”
in para 1, say marriage details: when, where, how marriage took place, and mention if any child born
in para 2, explain cruelty/harassment or reasons for dispute: dowry demand, quarrels, police complaint etc.
in para 3, say how husband neglected to maintain despite requests
in para 4, mention wife’s inability to work or earn: health issues or no income
in para 5, mention husband’s means: job salary, business income, land, properties
in para 6, specify what wife and child need every month: food, clothing, residence, education, medicine: state a monthly figure (ex: Rs. 10,000 each)
write the prayer: request court to direct husband to pay monthly maintenance (amount) with costs and other reliefs as court thinks fit
put petitioner’s signature or thumb impression
mention date and place
write verification line: “I, petitioner, declare the facts are true and correct to the best of my knowledge and belief”
finally, “Submitted through Counsel for the Petitioner”: advocate’s signature
Sample Draft
IN THE COURT OF THE HON’BLE PRL JUNIOR
CIVIL JUDGE CUM JUDICIAL MAGISTRATE
OF FIRST CLASS AT HUSNABAD
M.C. of 21 of 2020
BETWEEN:
Kasarla Radhika W/o Vamshe krishna,
aged 32 years.
Occupation: Homemaker, R/O: Hyderabad, presently residing at my
parents’ house in Koheda Village and Mandal in Siddipet District.
——-Petitioner
AND
Kasarla Vamshi Krishna s/o Kumar, aged 33 years
Occupation: Private employee, R/O: Mehdi Patnam, Hyderabad.
——-Defendant
PETITION UNDER SECTION 125 (CrPC)
That it please your Honour,
That the above-named petitioner be submitted as under.
1) That the petitioner is the loyally wedded wife of the respondent. The marriage of the petitioner and respondent was performed about a year back and her parents presented an amount of Rs.50,00,000/-Cash, gold worth Rs-20,00,000/- and other household articles towards dowry. That out of wedlock the petitioner and the respondent are blessed with a girl child. The petitioner submits that after the birth of the child, the respondent started harassing more dowries. The respondent and his parents, the petitioner, lodged a complaint before SHO of P. S Koheda in the year 2019. Accordingly, they registered a crime. No: 47062019 for the offense under Sec 498A, 723, IPC section A of DP ACT and some taken on file of the Hon’ble judicial magistrate of first class at Husnabad. The petitioner submits that the Hon’ble court tried the said case and was pleased to find the respondent guilty and convicted him in CC123 of 2019 on 27/05/2019.
2) The petitioner submits that, prior to lodging the complaint against the respondent and his family members, the petitioner and her parents several times tried to compromise the matter, but the respondent did not agree, and it went in vain. even though the petitioner tolerated the response of the respondent and requested several times to provide maintenance to her and other petitioners for education and other general minimum needs, he bluntly refused.
3) The petitioner submits that the health of the petitioner is not cooperating to do labor work, and she became unrest. It submits that the petitioner badly needs Rs.10,000 each per month towards their maintenance of food, clothing, accommodation and education. The petitioner has several times requested the respondent and his parents to maintain herself and the minor petitioner by providing food, medicine and shelter, and other expenditures, but the respondent bluntly refused to maintain the petitioner. 4) That the respondent has sufficient means that he has earnings of Rs.60,000 per month through his employment and also from agricultural land in Akkannapet (v) and (m) and the respondent should be able to maintain it easily. That the petitioner is dependent upon the respondent only. That the petitioner needs an amount of Rs.10,000/- each per month because the respondent willfully neglects and refuses to maintain the petition.
PRAYER
If it is therefore, prayed that the Hon’ble Court may be pleased to direct the respondent to pay monthly maintenance of Rs.10,000/- to each of the petitioners towards maintenance from the date of the petition with costs.
Sd/- Petitioner
Date: 10/03/2020
VERIFICATION
I, the above-named petitioner hereby declare that what is stated in the above maintenance petition is true and correct to the best of my knowledge and belief.
Submitted through Sd/-
Sd/-
Petitioner Counsel for the petitioner
