BEFORE THE LEARNED CHIEF JUDICIAL MAGISTRATE, RAMBAN
Kulsom Banoo Age 25 years D/o Javeed Ahmed W/o
Badar Din, R/o Gandhri, Tehsil & District Ramban.
…Petitioners / Applicants
Versus
Badar Din, S/o Saif Din R/o Paristan Tehsil Ukhral &
District Ramban.
…Respondent / Non-Applicant
.
In the matter of: -
Application under section 125 Cr.P.C. for
grant of maintenance in favour of the
petitioner from the respondent.
May it please your Honour: -
The petitioner most respectfully submits as under: -
1. That the respondent is the husband of Kulsom Banoo
(petitioner) and their marriage has been solemnized
in the year 2021 according to Muslim rites at their
above mentioned residence.
2. That out of the aforesaid wedlock the petitioner was
born one male child now is 9 months old. Who at the
moment is living at the residence of parents of
petitioner.
3. That soon after the marriage between petitioner and
respondent relations became strained. The
respondent treated the petitioner in a rude manner.
Instead of his rude behavior, the petitioner took it
otherwise with a view to avoiding a possible conflict.
4. That with the passage of time the respondent’s
behaviour became Cruel. The respondent starting
Teasing, Harassing, Beating and Manhandling the
petitioner for bringing less dowry and other minor
issues. On different occasions the respondent
throws her out of her matrimonial home. At the time
of marriage the parents of petitioner had given
adequate dowry items to the respondent. Despite
her best efforts the respondent did not listen to her
and continuously repeated the same treatment of
Cruelty, Mental and Physical Harassment due to
which the petitioner started feeling Insecure in her
matrimonial home. The petitioner was publically
subjected to physical thrashing by respondent
repeatedly during her stay at her matrimonial home.
Being a Faithful wife had no option but to
compromise with his agitated mind. It is pertinent to
mention here that though the marriage was finally
consummated, yet the activities of the respondent
always remained doubtful till date.
5. That with the passage of time the matter started
getting from grave to worse. The respondent and his
family have started pointing finger about the
character of petitioner and they used to call her
Awaragard (characterless).
6. That the petitioner being a Religious and Prudent
Muslim Lady has tolerated Cruel Attitude of the
respondent with a hope that someday may come
when the respondent will mend his behavior and will
treat the petitioner properly but her all efforts failed.
The respondent is adamant in his Evil design and
there is no hope left with the petitioner in this
behalf.
7. That the petitioner was thrown out by respondent
from her matrimonial home after a month of
marriage and now she is putting up his Parents
house.
8. That the father of petitioner has not a good source of
income nor having good health due to which the
petitioner is living with them.
9. That the respondent has deserted the petitioner
without any Legal Justification and Reasonable
Excuse. It is further submitted that the respondent
has willfully neglected the petitioner without any
reasonable cause /excuse.
10. That due to mental and Physical Torture from
respondent, the petitioner has suffering from
Depression and Anxiety.
11. That the respondent is having sufficient means
to maintain the petitioners, as the respondent is
doing Mason and labour work and earns more than
Rs. 20,000/- to Rs. 30,000 per months and also used
agriculture field (and Walnut trees) and earns more
than Rs. 40,000/- to Rs. 50,000/- per annum, inspite
of this fact the respondent has neglected the
petitioner and his minor son willfully and has refused
to maintain the petitioners which is his legal as well
as moral obligations. The respondent has no other
liability other than to maintain the petitioner.
12. That the petitioner is a lady without means, unable
to maintain herself. The cruelty and torture given by
respondent to the petitioner has made her ailing and
weak and the often remains ill and is on medicines.
The petitioner at the moment is living with her
parents at Gandhri Ramban who has no source of
income.
13. That respondent is having sufficient means of
income and property to maintain her Neglected and
Refused the petitioner (Wife & Minor Son). When
petitioner was thrown out of her matrimonial home
and she was not allowed to take all her valuable
items given by her parents at the time of marriage.
14. That the petitioner requires Rs. 10,000/- for
maintenance of her son as well as herself in the
present scenario where the prices of each and every
commodity are touching the sky and if the
maintenance allowance is not provided to the
petitioners, she should be subject to starvation.
15. That the petitioners resides within the territorial
jurisdiction of this Hon’ble Court and the cause of
action also accrued within the jurisdiction of this
Hon’ble Court, as such, the Hon’ble Court has got
the jurisdiction to entertain, try and dispose of this
petition in accordance with law.
An affidavit in support of petition is enclosed
herewith.
IN THE PREMISES: -
It is, therefore, most respectfully prayed
that the respondent may very kindly be directed to
pay Rs. 10,000/- per month as maintenance
allowance to the petitioner so that the petitioner
may be saved from starvation and Vagrancy.
Petitioner
Through Counsel
Dated: -
(Sunil Singh Thakur)
Advoca
te
BEFORE THE LEARNED CHIEF JUDICIAL MAGISTRATE, RAMBAN
Kulsom Banoo V/s Badar Din
In the matter of: -
An affidavit in support of petition.
I, Kulsom Banoo Age 25 years D/o Javeed Ahmed
W/o Badar Din, R/o Gandhri, Tehsil & District
Ramban, do hereby solemnly affirm and declare as
under: -
1. That the contents of petition are drawn and drafted
by my counsel on my instructions and the same
have been read over and explained to me, which I
have understood.
2. That the contents of petition are true and correct to
the best of my knowledge and nothing has been
concealed there from.
DEPONENT
Verification: -
Verified at Ramban this ___ day of March, 2023,
that the averments made above are true and correct to
the best of my knowledge and belief and nothing has
been concealed there from.
DEPONENT
BEFORE THE LEARNED CHIEF JUDICIAL MAGISTRATE, RAMBAN
Kulsom Banoo Age 25 years D/o Javeed Ahmed W/o
Badar Din, R/o Gandhri, Tehsil & District Ramban.
…Petitioners / Applicants
Versus
Badar Din, S/o Saif Din R/o Paristan Tehsil Ukhral &
District Ramban.
…Respondent / Non-Applicant
IN THE MATTER OF:-
Application for interim maintenance
allowances.
MAY IT PLEASE YOUR HONOUR,
The applicant/ petitioner most respectfully submit as
under:-
1. That the applicant/ petitioner have filed the above
titled petition under section 125 Cr. P.C. before this
Hon’ble Court and is sure to succeed on its merits.
2. That the applicant is a house hold lady and has no
source of income to meet the expenditure of daily
life necessities.
16. That the non-applicant/respondent is having
sufficient means to maintain the petitioners, as the
respondent is doing Mason and labour work and
earns more than Rs. 20,000/- to Rs. 30,000 per
months and also used agriculture field (and Walnut
trees) and earns more than Rs. 40,000/- to Rs.
50,000/- per annum, inspite of this fact the
respondent has neglected the petitioner and his
minor son willfully and has refused to maintain the
petitioners which is his legal as well as moral
obligations. The respondent has no other liability
other than to maintain the petitioner.
3. That the non-applicant/respondent has refused to
maintain the applicant.
4. That to meet the expenditure of livelihood in the
present circumstances, the non-applicant/
respondent be directed to pay a sum of Rs. 10,000/-
to the applicant/ petitioner.
5. That the attitude of the non-applicant towards the
applicant have become hostile and he also tried to
kill the applicant and moreover the non-applicant/
respondent ignored and neglected and refused to
maintain the applicant/ petitioner.
6. That the applicant is living with his younger brother
at Jammu who has no good source of income.
IN THE PREMISES:-
It is, therefore, humbly prayed that the non-
applicant/ respondent be directed to pay the interim
maintenance to the tune of Rs. 10,000/- per month
to the petitioner, to meet the necessary expenditure
in connection with the livelihood till the final disposal
of the application.
Petitioner
Through Counsel
Dated: -
(Sunil Singh Thakur)
Advocate
BEFORE THE LEARNED CHIEF JUDICIAL MAGISTRATE, RAMBAN
Kulsom Banoo V/s Badar Din
IN THE MATTER OF:-
Affidavit in support of application.
In the matter of: -
An affidavit in support of petition.
I, Kulsom Banoo Age 25 years D/o Javeed Ahmed
W/o Badar Din, R/o Gandhri, Tehsil & District
Ramban, do hereby solemnly affirm and declare as
under: -
1. That the contents of petition are drawn and drafted
by my counsel on my instructions and the same
have been read over and explained to me, which I
have understood.
2. That the contents of petition are true and correct to
the best of my knowledge and nothing has been
concealed there from.
DEPONENT
Verification: -
Verified at Ramban this ___ day of March, 2023,
that the averments made above are true and correct to
the best of my knowledge and belief and nothing has
been concealed there from.
DEPONENT
BEFORE THE LEARNED CHIEF JUDICIAL MAGISTRATE, RAMBAN
Kulsom Banoo V/s Badar Din
… Petitioner …..Respondent
Petition U/S 125 Cr.P.C No. __________/2023
In the matter of: - I N D E X
S. Particulars Page Page
No. No. No.
----- To.
From
01 Petition U/S 125
Cr.P.C alongwith
affidavit.
02. Application for grant
of interim
maintenance
alongwith affidavit.
03 Vakalatnama
Filed By;
Dated: -
(Sunil Singh Thakur)
Advocate
LIC. NO: JK74/2016
PH.NO:9018585854
7006237690
