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 :

i) To direct the respondent to pay the

maintenance amount of Rs.10,000/- per

month to the petitioners.

ii) To direct the respondent to pay the

cost of the litigation to the

petitioners and/or;
iii) 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

I N D E X

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