Pre-Trial Preparation for Filing of Complaint
On 20th June 2022, Mrs. Linda Thomas handed over the copies of the relevant documents
and other necessary materials of proof. After observation of all the documents the advocate
prepares the case and prepares the application for claiming maintenance.
1. The advocate firstly prepares an application for claiming maintenance. The advocate at
first writes the name of the court. The complaint is filed before the Court of Chief Judicial
Magistrate, Kottayam District and Session Judges’ Court, Kottayam. The advocate informed
me that complaint must be made to a Magistrate. This distinguishes it from FIR (First
Information Report). The FIR is given to a police officer and not to a Magistrate. The
complaint may be made orally or in writing but it must contain allegation that some person,
whether known or unknown has committed an offence. After the name of the court, she
mentioned the number and year.
2. Secondly, the advocate mentioned the name of the parties and their full addresses.
3. The nature of the complaint is state after the name of the parties. The nature of the offence
along with the relevant section (Section 125 of the Code of Criminal Procedure, 1973) is also
mentioned in the Complaint.
4. After indicating the nature of complaint, the facts relating to the event are stated clearly.
5. After stating the facts of the case, the relief sought to be obtained from the court is also
mentioned.
6. After that the advocate takes the signature of the claimant (Mrs. Linda Thomas). The
complaint is also signed by the advocate. The advocate also prepares the affidavits for it.
7. The advocate also attached the necessary evidences (documents) to the complaint.
Thus, the claim of Maintenance of Mrs. Linda Thomas, in the form of complaint is prepared
and filed before the Court of Chief Judicial Magistrate, Kottayam District and Session
Judges’ Court, Kottayam.
