IN THE COURT OF J.M.F.

C AT VASHI, AT BELAPUR

CASE NO. __________ OF 20__

SONALI DEVKARAN DABI

Res: Flat nO.201, 2nd Floor ,

Plot no.W-52, Prathmesh Aprt,

Shahabaj Belapur, Sector- 19,

Navi Mumbai 400614. …PETITIONER

versus

DEVKARAN SUBHASH DABI

Res: S/O RattanLala, House no.1016,

Gali no. 2, Indera Colony, Hansi,

Hisar, Haryana, Pin Code- 125033. …RESPONDENT

APPLICATION FOR MAINTENANCE

UNDER SECTION 125 OF CRIMINAL
PROCEDURE CODE.

MOST RESPECTFULLY SHOWETH:

The Petitioner, above named submits as under:

1. That the Petitioner No. 1 is legally wedded wife of the Respondent.

2. That marriage of the Petitioner was solemnized with Respondent on 14th March
2015 at the Shri Sai Dham Mandir Bandra (E) in Mumbai as per the Hindu Vedic
rites and rituals in the presence of the family members at Mumbai according to
 Hindu rites and ceremonies. The marriage was registered with the Registrar of
marriages at Mumbai. After marriage Petitioner No. 1 started residing at the
matrimonial home. Hereto Exhibit Certificate of the Marriage card is attached
herewith as Annexure A.

3. That the Petitioner submits that Respondent was always used to tortured after the
marriage the Petitioner and there family used to harassed in daily basis on
unknown reason and been lodged N.C towards police station thereafter the
Petitioner Complaint lodged through Protection Officer under section 12, 18, 19,
20, 22 in Domestic Protection Act, on dated 14/01/2016 which was withdrawn as
on 17/01/2017 pursuant of consent terms dated 09/08/2016 before the J.M.F.C
Hon`ble court at Belapur. Hereto the Exhibited the Certified Copy of Petition
with order dated 17/01/2017 on petition and Consent terms dated 9/08/2016 is
attached herewith Annexure B.

4. That the Petitioner states that On the basis of the Consent Terms the matter was
disposed. The Respondent after somewhere in months of March 2017 the
Harassment was started on going and by the state of breach of Consent Terms the
Petitioner again filed the Private Complaints at Thane Court as she started
residing in that jurisdiction of the court but as by the talking terms the matter
again settled by out of court and the same matter of Thane has been Disposedoff
in default as captioned on without issuing summons and without the proceeding of
the same case. Hereto the Exhibit of ecourt copy of status showing Dimissed in
default is attached herewith Annexure C.

5. That the Petitioner thereafter left the Mumbai any started residing at Haryana with
the material family she somehow manage to work with their family business of
mending a Shoes in the partnership, the Respondent and Petitioner used to work
together with Respondent family in house from which the per week they used to
earn 3000/- to 5000/- respectively. Hereto the Exhibit of photocopy of working
place at Haryana House is attached herewith Annexure D.
6. That the Petitioner submits that till 2019 everything was going good and which
she delivered the baby girl on dated 04.04.2019 and therein the responsibility was
raised after the baby born and the some issues also started to take quarrel in
heating arguments with Respondent and his Family. The Petitioner also submits
that the medical expense was borne by Petitioner family till date of baby and
petitioner. That the Respondents family never expense for any allowance of
Petitioner and baby thereafter still the Petitioner never took any interest on going
quarrel with his and her family and kept her busy in the baby responsibility.
Hereto the Exhibit of Birth Certificate of Baby Girl is attached herewith
Annexure E.

7. The Petitioner submits that Thereafter till somewhere on January 2020 the
Respondent came to Mumbai to take back the Petitioner to Haryana but the
Petitioner denied due to the Respondent never took any responsibility towards
her Baby girl, and the Respondent stayed to the Petitioner house for weeks on
which the fight took place and he left to Haryana on the other day, however it is
submits that the Petitioner family only booked a returned ticket for Respondent
to visit his family for matter to settle but it failed to do so which the consent term
was contempt by the Respondent herein.

8. The Petitioner states that the Respondent again went to Haryana by thinking the
situation will get change in time, but thereby the Respondent`s family took the
advantage of the Petitioner, she used to work household work as well as she
helped them in business work too, but the things got worst day by day in nature of
respondent family and the Respondent while taking any responsibility of the baby
girl , the Respondent family used her in every work, because of my work I earned
15,000/- for myself and baby but as the Respondent always used to asked money
from Petitioner for livelihood when I denied the same they keep torturing the baby
girl and Petitioner without any reason, but the Petitioner anyhow tried to call at
her Parental house for taking her back to Mumbai but the Respondent`s Sister got
 knew about the same and damaged her phone to not to call at parents’ house and
Respondent`s mother (mother in law) threatened to harm baby girl, the Petitioner
in fear stopped to call her parents, that the petitioner then after anyhow by herself
managed to survive at same house for months.

9. That the Petitioner states that the Petitioner and Respondent again in between
started harassing and stopped taking responsibility somehow the Petitioner with
her baby girl who is now 1 and half years managed to returned back to Mumbai at
her parents’ home after several fights and abused by the Respondent and his
family therein. The petitioner submits that there family had argument on some
property matter basis at Haryana from which Respondent started to take
responsibility of both baby and petition the reason may be best known to
Respondent therein. Hereto the exhibited the Photocopy of Property paper
herewith Annexure F.

10. That the Petitioner submits that the household work and every little things from
rented house to medical expenses of baby girl was always paid by Petitioner`s or
by Petitioners family, even after so much torture the Petitioner tired her hardship
to stay together at Mumbai as well as in Harayan with Respondent Family but the
Respondent never took any effort to keep good relation with the Petitioner and her
Family. The Petitioner somehow somewhere on June 2020 left the Haryana and
came to Mumbai and never went back. The Respondent somewhere in between
threatened the Petitioner to viral the video about the family and Petitioner which
the Petitioner called the Haryana police station from Mumbai and complained to
take an action on the same, but they failed to do so therein.

11. That the Petitioner and Respondent are now living separately for months and the
respondent denying to giving maintenance the baby as well as to Petitioner. The
Petitioner submits that the respondent never paid medical expenses of baby girl
till date, each and every medical expenses was borne by Petitioner family only, till
 date. Hereto is exhibited the photocopy of Medical Expenses of the hospitals
of baby is Herewith Annexure G.

12. That for about four years, the Petitioner no. 1 and Respondent has a daughter of
the age of 1 and half year from this wedlock.

13. That the relation between Petitioner No. 1 and her husband Respondent were
ordeal, but thereafter the Respondent started treating her with cruelty.

14. That on 18 June 2020 the Respondent turned out the Petitioner from the
matrimonial home and since then she has been compelled to live at her parental
house.

15. That the Respondent has never sent any money to the petitioner to meet her
expenses and expenses of the minor child.

16. That the Petitioner having no source of income is unable to maintain herself and
the child.

17. That the Respondent is a Collide with Business of Shoes Footwear and earning
Rs. 3000/- per day which comes to Rs. 60,000/- per month Net Salary.

18. That the Respondent has no other liability, while the Petitioner is dependent upon
him for her day to day expenses.

19. That the Petitioner is accordingly entitled to claim maintenance to meet her day to
day expenses.

20. That this Court has the jurisdiction to entertain and try this Petition as marriage
between Petitioner and the Respondent was solemnized Mumbai and the
Petitioners are living within the Jurisdiction of this Court.
21. In the facts and circumstances of case mentioned herein above this Hon'ble Court
may graciously be pleased to.

PRAYER

That the Petitioner, therefore, prays:

a) the Respondent be directed to pay monthly allowance of Rs.15,000/- by

way of Maintenance; and

b) Any other relief or reliefs which the court may deem proper under the
circumstances be also awarded to the petitioner.

Solemnly affirmed at

Dated this day of 2021

Advocate for Petitioner Petitioner

 VERIFICATION

I, Sonali Devkaran Dabi, age: the Petitioner, state on solemn affirmation that
whatever contained in paragraphs 1 to Para No 6 of the Petition is true to my own
knowledge and that whatever contained in paragraphs No 7 to Para No 19 is based
on information received and believed to be true to me.

Signed and verified this _______ day of _______ 2021 at _______

PETITIONER
 IN THE COURT OF J.M.F.C AT VASHI, AT BELAPUR

CASE NO. __________ OF 20__

SONALI DEVKARAN DABI …PETITIONER

VERSUS

DEVKARAN SUBHASH DABI …RESPONDENT

AFFIDAVIT IN SUPPORT BEHALF OF PETITIONER.

I, Mrs. Sonali Devkaran Dabi aged years, the Petitioner do solemnly affirm
and say as follows:

1. That I am the Petitioner in the accompanying Petitioner under Section 125 of

CrPC and well acquainted with the facts of the case.

2. That I say that I and Mr. devkarn Subhash Dabin is legally wedded husband and
our marriage was solemnized on and there is one daughter namely
Devika born out of wedlock.

3. I say that the Respondent has been living with me after the consent term accepted
on dated 9/08/2016 and during that period the Respondent and his family had
treated me with cruelty on various occasion and continued his behaviour till date.

4. I say that being conversant with the facts and circumstance of the case I am
competent to swear this Affidavit.

5. That I have gone through the contents of the accompanying Petition, I reaffirm the
contents of the Petition, which are not being repeated here, for the sake of brevity.
6. That the Petitioner has not remarried and has not been guilty of any conduct
disentitling her to receive maintenance from the Respondent.

7. That the Petitioner does not own any movable or immovable property and has also
no source of income.

Indentified and explained by me.

Before me DEPONENT

VERIFICATION

I, Sonali Devkaran Dabi, age the above named deponent do hereby verify on
oath that the contents of the affidavit above are true to my personal knowledge and
nothing material has been concealed or falsely stated therein.

Solemnly affirmed at

Dated this day of 2021

Advocate for Petitioner DEPONENT

 IN THE COURT OF J.M.F.C AT VASHI, AT BELAPUR

CASE NO. __________ OF 20__

SONALI DEVKARAN DABI …PETITIONER

VERSUS

DEVKARAN SUBHASH DABI …RESPONDENT

MEMORANDUM OF ADDRESS OF PETITIONER

SONALI DEVKARAN DABI

Res: Flat nO.201, 2nd Floor ,

Plot no.W-52, Prathmesh Aprt,

Shahabaj Belapur, Sector- 19,

Navi Mumbai 400614.

MEMORANDUM OF ADDRESS OF RESPONDENT

DEVKARAN SUBHASH DABI

Res: S/O RattanLala, House no.1016,

Gali no. 2, Indera Colony, Hansi,

Hisar, Haryana, Pin Code- 125033.

PLACE:
DATE: Advocate for Petitioner
 IN THE COURT OF J.M.F.C AT VASHI, AT BELAPUR

CASE NO. __________ OF 20__

SONALI DEVKARAN DABI …PETITIONER

VERSUS

DEVKARAN SUBHASH DABI …RESPONDENT

LIST OF DOCUMENTS

1. Hereto Exhibit Certificate of the Marriage card is attached herewith

as Annexure A.
2. Hereto the Exhibited the Certified Copy of Petition with order dated
17/01/2017 on petition and Consent terms dated 9/08/2016 is attached
herewith Annexure B.
3. Hereto the Exhibit of ecourt copy of status showing Dimissed in
default is attached herewith Annexure C.
4. Hereto the Exhibit of photocopy of working place at Haryana House
is attached herewith Annexure D.
5. Hereto the Exhibit of Birth Certificate of Baby Girl is attached
herewith Annexure E.
6. Hereto the exhibited the Photocopy of Property paper herewith
Annexure F.
7. Hereto is exhibited the photocopy of Medical Expenses of the
hospitals of baby is Herewith Annexure G.

DATE: Advocate for Petitioner

 IN THE COURT OF J.M.F.C AT VASHI, AT BELAPUR

CASE NO. __________ OF 20__

SONALI DEVKARAN DABI …PETITIONER

VERSUS
DEVKARAN SUBHASH DABI …RESPONDENT

Place:
Date: Advocate for Petitioners.

IN THE COURT OF J.M.F.C AT VASHI, AT BELAPUR

CASE NO. __________ OF 20__

S SONALI DEVKARAN DABI …PETITIONER

VERSUS
DEVKARAN SUBHASH DABI …RESPONDENT

Place:
Date: Advocate for Petitioners.