IN THE COURT OF SH.
PRITPAL SINGH PRINCIPAL JUDGE FAMILY COURT,
GURDASPUR.
In the matter of:
Lakhwinder pal singh Petitioner
Versus
Simran devi Respondent
APPLICATION UNDER SECTION 24 HINDU MARRIAGE ACT FOR
MAINTENANCE PENDENTE LITE AND EXPENSES OF PROCEEDINGS ON
BEHALF OF RESPONDENT
MOST RESPECTFULLY SHOWETH:
1. That applicant is respondent in this above noted case and petitioner
has filed petition under section 9 of Hindu Marriage Act which is
pending before this Hon’ble court.
2. That the applicant/Respondent has filed the written statement to the
petition under section 9 of Hindu Marriage Act filed by petitioner
/husband. The facts stated in the written statement are true to the
knowledge of respondent and same to be read as part of this
application, which are not being repeated here for the sake for the
brevity.
3. That the marriage was solemnized on 15.3.2021 at Baghwali Mata
Mandir, Azizpur near Sujanpur. Out of the said wedlock one girl child
was born on 12.12.2021 named Jiya.
4. That it is also important to mention here that the Petitioner and his
family members caused lots of physical, mental torture and
harassment to the Respondent and the Petitioner and his family
members used to taunt and humiliate Respondent on every
occasions and whenever, Respondent goes outside the house,
Petitioner and his family members levelled false allegation and
Respondent most humbly submits that, no one from the family of
them has ever tried to pacify and advise him about the right way to
lead the family.
5. That the respondent had been subjected to mental cruelty /
physically and psychologically.That Petitioner refused to support the
Respondent and blamed her and apart from physical cruelties,
Respondent has been subjected to different types of cruelties, which
is more harmful then of physical cruelties and this have destroyed the
peace of mind and grievously hurt her mental feeling.
6. That the comprehensive appraisal of the entire matrimonial life span
of the Respondent and the Petitioner clearly shows that the
Petitioner and his family members are guilty of treating the
Respondent with violence that is physically, mentally, economically
as well and that is to without any just and reasonable cause, which
has been unpardonable and unforgiveable and their willful and
unjustifiable acts have inflicted severe harassment and agony to the
Respondent.
7. That petitioner has not given a single penny to respondent to meet
her day to day expenses and at all the times, the Respondent had to
borrow the same from her family, friends and relatives.
8. That the Petitioner is a man of means. He is working in TCS and
getting a handsome salary to the tune of Rs.X,XX,XXX/- per month.
Besides, the Petitioner is also having properties, which have been
rented out to different tenants and the Petitioner is earning
approximately Rs.X,XX,XXX/- as rent from the aforesaid properties.
Further, the Petitioner is also having ancestral properties at
Gurugram and other states. Thus, the Petitioner is earning a total
sum of Rs.X,XX,XXX/- per month from the aforesaid sources. The
Petitioner maintains Cars, expensive mobile phone (iPhone). The
Petitioner has good amount of gold and bank balances in various
banks and have invested in shares, savings in form of fixed deposits,
LIC's and other insurances, rents etc. It is submitted that the
Petitioner is having Cars and two wheelers. The Petitioner is also
having various Debit Cards and Credit Cards of various banks. That on
the other hand the Respondent is earning petty amount of Rs.XX
lakhs per annum and working in XXXX and taking care of minor
children.
9. Thus, the Respondent needs Rs.XXXXX for herself as well as her minor
children i.e minor daughter of XXXX years and minor son of XX years
and the respondent need maintenance to maintain the day to day
expenses of herself and for her minor children.
10.Respondent has not only been neglected but also the Petitioner has
refused to maintain the Respondent. The aforesaid acts of neglect
and cruelty have left a deep impact upon the psyche of the
Respondent.
11.The respondent has committed acts of acts of domestic violence by
harming / injury / endangering the health, safety, life of the applicant
and the Petitioner has deprived the applicant to economic and
financial resources for which the Respondent is entitled as per
legitimate right of being a legally wedded wife of the Petitioner.
12.That the Respondent is taking care of her minor children with the
petty salary amount of Rs.10 lakhs per annum and hardly able to
maintain with rented property/accommodation. That Respondent
entitled to live in similar life style as per the status of the Petitioner and
their child need same degree of comforts as in the Petitioner's home.
13. That the petitioner has willfully and deliberately neglected to
maintain the respondent.
14. That the respondent is not having any moveable and immovable
property in her name.
15. That it is pertinent to mention here that the petitioner has no other
liability or responsibility to meet except to maintain the respondent and
her children.
16. That on the other hand the respondent is not earning and is
absolutely dependent on the mercy of her parents.
17. That the respondent requires money for herself & for her children as
the petitioner is duty bound to maintain her as the petitioner is duty bound to
maintain her as the respondent is the legally wedded wife of the petitioner.
18. That the respondent neither have good income as petitioner have
nor owns any immovable or movable properties and even all the istridhan
jewellery articles and dowry articles of the respondent are with the petitioner
and his parents.
19. That respondent is in a torturous life and does not have sufficient
funds to maintain herself and for her children and staying in a rented
accommodation.
20. That the petitioner belongs to a high-class family has not made any
provisions for the maintenance to the respondent. The petitioner is not having
any other responsibility except to maintain the respondent. The respondent is
passing through hardships and crises.
The petitioner is under moral, social and legal obligation to maintain the
respondent as the applicant is the legally wedded wife of the petitioner. The
petitioner is not fulfilling any of his responsibility towards the applicant,
showing his irresponsible, disorderly and cruel behavior upon her.
21. That the petitioner is also having other moveable and immoveable
properties in his name but not disclosed to the applicant and also having
shares, fixed deposits, bonds etc. and maintaining credit cards and club
membership in his name. Apart from the said, the petitioner is having the
additional source of income and leading a luxuries life.
22. That under the circumstances, the respondent is in need of money to
maintain herself and her children. The petitioner is duty bound to maintain the
respondent as per his status and she is entitled for a sum of Rs.x,xx,xxx/- per
month.
23. That it is submitted that since the date of desertion, the petitioner
has not maintained the respondent and her children and has not paid
anything.
24. That it is established that the petitioner has failed to discharge his
liability as provided under the law.
25. That the petitioner is legally bound to maintain the respondent and
she is entitled for Rs.x,xx,xxx/-per month for her maintenance, livelihood and
for her children.
26. That in case the present application is not allowed and maintenance
in terms of provisions of Section 24 of H.M.A. is not granted to the respondent,
she shall be put to face starvation.
PRAYER:- It is therefore, prayed that maintenance @Rs.xx,xx,xxx/- (Rupees xxx
xxxx only) per month may be granted to the respondent and her children and
the petitioner be further directed / ordered to pay a sum of Rs.X,XX,xxx/- as
cost of litigation / expenses of proceedings in terms of Section 24 of H.M.A. till
the pendency/final disposal of present petition.
It is, further prayed that this Hon'ble Court give directions to the petitioner /
husband to disclose his other assets (moveable and immoveable).
Any other relief which this Hon'ble Court may deem fit and proper also be
passed in favor of the respondent and against the petitioner.
DATE : RESPONDENT
PLACE: THROUGH
COUNSEL
IN THE COURT OF SH. PRITPAL SINGH PRINCIPAL JUDGE FAMILY COURT,
GURDASPUR.
In the matter of:
Lakhwinder pal singh Petitioner
Versus
Simran devi Respondent
AFFIDAVIT
Affidavit of Mrs. Simran devi W/o Lakhwinder pal singh D/o sh. Kewal
krishan R/o village Aima Muglan Tehsil and District Pathankot Punjab at
present, the above mentioned named respondent solemnly affirm and
declares as follows:-
DEPONENT
VERIFICATION:-
It is verified that the contents of the above application are true and
correct to the best of my knowledge and belief and nothing has been
concealed therein.
DEPONENT
