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IN THE FAMILY COURT FO R G REAT ER MUMBAI,

AT BANDRA, MUMBAI.
PETITION NO. ........................

.......................................... PETITIONER

V/s.

.............................. RESPONDENT

APPLICATION FO R MAINTAINENCE

U/s. 24, 25 and 26 of the H.M.A, 1955

May it Please This Hon’ble Court:

1. The Respondent states that her marriage with the Petitioner was

solemnised on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mumbai as per Hindu rites

and rituals.

2. That the Respondent had been living with the Petitioner at

… … … … … … … … … … … … . And thereafter, the Respondent with

minor daughter has been temporarily residing

at

… … … … … … … … … . , Maharashtra, at the mercy of her parents

due to the acts of violence committed by the Petitioner upon the

Respondent.

3. The Petitioner has filed present petition for Divorce. The

Respondent has filed her Written Statement. The Respondent

repeats, reiterates and confirms the statements and

submissions made in the Written Statement as if the same are

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specifically set out herein and incorporated herein extensor for

the sake of brevity and convenience as well as to avoid repetition

of the same.

4. The petitioner and the Respondent have one issue i.e.

. . . . . . . . . . . . . . . . . . . . . . . . . , born on . . . . . . . . . . . . . . . . . . . . . from the said wedlock.

5. That the Respondent has no independent source of income and

is unable to maintain herself and her infant daughter. She is

also unable to bear the costs of legal proceeding and has been

burdening her parents for the sustenance of herself and her

daughter and can no longer burden them with their expenses.

She is not in state of taking up any employment anytime soon

due to her frail health and also because the minor daughter

continuously needs the Respondent for her care and

nourishment.

6. That the Petitioner is a Senior Sales executive in the

………………………………………… and drew a salary including

incentive of around Rs. … … … … … … … … . / - and thereafter is

continuously switching his job without informing the

Respondent with the only intention to make false claims of

unemployment and to thereby avoid maintaining the

Respondent and her daughter. The Petitioner has suppressed

his employment status and details even in his divorce petition.

The Respondent has learnt that the Petitioner is presently

working for … … … … … , at … … … … … … … … … … . . , Mumbai. The

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Respondent seeks leave to rely upon the financial documents of

the Petitioner as and when made available to her. The Petitioner

had filed his alleged salary receipt for the month of Nov 2017 in

the legal proceedings concerning domestic violence filed at

Vasai. The Respondent denies the salary receipt as it

understates the income of Respondent however, the Respondent

is placing the same on record of this Hon’ble Court. The copy of

salary receipt is attached herewith as Annexure:- “A”.

7. That before the birth of minor daughter, the Respondent was

working at . . . . . . . . . . . . . . . . . . . . . for a salary of Rs. . . . . . . . . . . . . . / - p.m.

however, she was forced to discontinue her job in a matter of 8

months due to the hurdles created by the Petitioner and his

mother in her employment. Moreover, the petitioner’s mother

has also taken away her salary for 8 months amounting to Rs.

68,000/-, leaving the Respondent at the mercy of Petitioner for

her daily sustenance.

8. That even the medical expenses of the Respondent and minor

daughter from the time of her pregnancy and thereafter have

been taken care of by the parents of the Respondent as the

Petitioner was not at all concerned about her well-being.

9. Not only this, the Petitioner and his mother have subjected the

Respondent and her minor daughter to mental, physical and

financial violence and the Petitioner had sought protection by

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filing Application under Section 12 of the Protection of Women

from Domestic Violence Act, 2005 vide P.W.D.V.A. No.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon’ble Judicial Magistrate first Class at

Vasai had ordered the Petitioner herein to pay Rs. 7000/- p.m.

towards monetary relief for the Respondent herein and minor

daughter from 07/12/2018 however, the Petitioner herein has

persistently defaulted and has not paid Rs. 61000/- towards the

monetary relief till date and thus, failed to honour Order passed

by Hon’ble Judicial Magistrate at Vasai. The copy of Order

passed by Hon’ble 3 rd Judicial Magistrate at Vasai is attached

herewith as Annexure: - “ B ” . The Copy of FIR filed by the

Respondent against the Petitioner is attached herewith as

Annexure:-“ C ”.

10. That following is a list of expenses the Respondent claims from

the Petitioner as on date:

Sr. Description Amount

No.

a) Loss of Earning 68,000/-

b) Medical Expenses – delivery 50,000/-

c) Physical and mental injury 15,00,000/-

d) Legal Charges 2,00,000/-

Total amount (Lump Sum) 18,18,000/-

Sr. Monthly Expenses Amount

No.
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a) Rentals for residential premises 10,000/- or

Suitable

accommodation

b) Food, clothes, medication and other 25,000/-

basic personal necessities

for Respondent and minor daughter

c) School fees and related expenses As actual when

required

d) Household expenses As actual when

required

d) Misc. and Emergency expenses 5,000/-

Total amount claimed per month 40,000/-

11. The Respondent states that as on date the Petitioner is presently

employed and earning handsomely enough to spend on frequent

outings/ outstation trips with friends and his mother. That the

Petitioner earns handsomely enough to own high end motorcycle

amounting to lakhs of rupees, and frequently dines out with his

friends but he is not willing to discharge his moral and legal

obligations towards his minor daughter and wife. The Respondent

seeks leave to rely upon appropriate documents in the due course

of time.

12. That on the basis of facts and circumstances set out in the said

Application, it is just and proper that pending the hearing and

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final disposal of the Application, ad - interim reliefs or interim

reliefs may be granted failing which irreparable loss and injury

will be caused to the Respondent and her minor daughter which

cannot be compensated in terms of money.

13. That Respondent has made out a strong prima facie case in her

favor. Further, the balance of convenience is in favour of

the Respondent and no prejudice will be caused to the

Petitioner if the Application filed by Respondent is

allowed as it is the duty of the Petitioner to maintain his

wife and daughter and which he is failing to do.

14. The Respondent prays that, this hon’ble Court be pleased to

grant the following:

a) That present Application for maintenance be allowed in the

interest of justice and the Petitioner be directed to pay the
amounts as claimed in this Application;

b) That this Hon’ble Court be pleased to call for financial

documents like Salary Slips, Income Tax documents, bank
pass books and statements, appointment letters , property
documents and all investments as may be applicable, of the
Petitioner and his mother in furtherance of the cause of
justice to the Respondent and her minor daughter;

c) The Petitioner be directed to make arrangements for future

security of Respondent and minor daughter;

d) The Petitioner be directed to pay rental amount as claimed or

provide any other suitable accommodation akin to his lifestyle
to the Respondent and minor daughter;
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e) That the Petitioner be directed to pay to the Respondent and

her minor daughter, a sum of Rs. 40,000/- (Rupees forty
Thousand only) per month by way of maintenance pedente lite
till the final disposal of the Petition;

f) The Petitioner be directed to pay to the Respondent necessary

expenses of this proceeding;

g) Interim and ad- interim reliefs in terms of the above prayers;

h) Any other reliefs as this Hon’ble Court may deem fit and
proper in the facts and circumstances of the present
Application.

For this act of Kindness, the Respondent shall forever pray.

Place: Mumbai
Date:

Respondent

VERIFICATION

I, ……………………………………, the Respondent

hereinabove; do

hereby verify and state that the contents of the above Application

are true and correct to the best of my knowledge and nothing

material has been concealed therefrom.

………………………..

Place: Mumbai

Date:

Advocate for Respondent