Evidence By Way Of Affidavit During Trial Under Section 125 Of The Code Of Criminal Procedure 1973 - Legal Draft

Precedent No. 67

EVIDENCE BY WAY OF AFFIDAVIT: DURING TRIAL UNDER SECTION 125 OF THE CODE

OF CRIMINAL PROCEDURE, 1973

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, , Delhi.

Criminal Complaint No of 20

Petitioners:

Vs.

Respondent:

AFFIDAVIT of , W/o , D/o ,

presently residing in

The deponent abovenamed hereby solemnly affirms and states as

follows:—

1. That the deponent is petitioner No. 1 in the Criminal Complaint

referred toabove and being so, the deponent is well conversant with the

facts andcircumstances of the case and competent to swear to this

affidavit. Thedeponent will be referred to as petitioner No. 1

hereinafter.

1. That petitioner No. 1 is the natural mother of petitioner No. 2, who

is a

male child by the name of aged years. The

respondent is the natural father of petitioner No. 2.

1. That the marriage between petitioner No.1 and the respondent was

solemnised on , at , according to Hindu rites and

ceremonies.

1. That on the demand and specific request of the parents and other

family members of the respondent, the marriage between petitioner No. 1

and the respondent was solemnised with great pomp and show.

1. That from the very first day following the said marriage between

the parties, the petitioner No. 1 was meted out with matrimonial cruelty

and incessant demands of dowry by the respondent and his other family

members. As a consequence of such inhuman and monstrous treatment at the

hands of the respondent and his family members, petitioner No. 1

had to file a criminal complaint, dated against the said people

with the concerned Police Station. A copy of the said complaint is

annexed herewith as Annexure I. The contents of the same are not being

repeated herein for the sake of brevity and the same may kindly be read

as a part of this affidavit. It is further submitted that all the facts,

relating to the marriage and also to all the cruelties being meted out

to petitioner No. 1 by the respondent and his other family members are

contained in the aforesaid complaint.

1. That pursuant to the abovementioned complaint, an F.I.R. was also

lodged with the PS , under sections 406, 498A read

with 34 of IPC bearing No. 346/05.

1. That with the view that petitioner No. 1 herein is not mulcted with

anaccusation of concealment of material facts, it is stated, though not

somuch relevant for the disposal of the present case, that a

compromisewas recorded by the court granting anticipatory bail to the

respondent

and his other family members for a total sum of Rs , out of which

only a sum of Rs was paid to the deponent herein on

, towards the value of stndhana and dowry articles.

1. That even after the said settlement of the matter between the

parties, the respondent issued a mischievous advertisement in the

newspaper whereby not only the sentiments of petitioner No. 1 were hurt

but she was defamed as well and in view thereof, the petitioner No. 1

was forced to oppose quashing of F.I.R. in the High court and in the

said proceedings, the High Court has directed for investigation of the

matter also. Divorce proceedings have not even been initiated.

1. That out of a total sum of Rs received by petitioner No. 1, as

stated above, about Rs have been utilised for repayment of

loan taken at the time of marriage and the remaining amount has been

utilised for the maintenance of the petitioners. As a matter of fact,

the said remaining amount was insufficient for the maintenance of the

petitioners and, therefore, the aged and retired father of the deponent

had to spend lot more in terms of money, in addition to the above stated

amount.

1. That it is pertinent to mention here that the parties have been

living

separately since and their only child was born out of the wedlock

on and the custody of the child is with petitioner

No. 1, by the consent of parties.

1. That petitioner No. 1 is a graduate and presently resides at

her father's home. She is not engaged in any earning activity and stands

fully dependant on the maintenance allowance for the day-to-day needs of

her ownself and that of petitioner No. 2.

1. That the respondent is a man of abundant means and resources

and lives in his self-owned house. He has no other responsibility or

liability except that of the petitioners. The respondent is living with

his father and mother who are retired govt, officer and principal of a

school respectively.

1. That the respondent is employed as a Technical Supervisor with

M/S

Technologies and is drawing salary to the tune of

Rs per month besides other perks and other allowances. That

atleast a sum of Rs is being earned by the respondent from

tuition work alone. Besides above, the respondent is generating

incomefrom rent and also by way of interest on his undisclosed

investments andtherefore the respondent is earning not less thanRs per

month from all the aforesaid sources taken together.

1. That the respondent is living a very luxurious life in his

abovementioned house.

1. That for the medical expenses of both the petitioners and also

for their day-to-day expenses for clothes, food and shelter, they

require atleast a sum of per month as per the status of both the

parties.

1. That the deponent has been, directly as well as through common

relatives and friends, demanding maintenance but the respondent and also

his other family members have not only neglected and refused to maintain

the petitioners but have clearly and categorically given-up their

responsibility vis-a-vis the petitioners and are adamant to defame the

deponent.

1. That as mentioned above, the respondent is a man of abundant

means and resources, having good income from various sources and is

running various businesses and is also an income-tax assessee, whereas

the petitioners have no source of income at all and the petitioners are

at the mercy of their relatives and friends.

1. That a sum of Rs was spent by petitioner No. 1, by taking loan

from her relatives and friends, at the time of recent medical treatment

of petitioner No. 2 and subsequent medical related expenses.

1. That petitioner No. 1 is the mother of an infant child, having

nobody to look after the child. She is not in a position to do any job,

nor is having any income from any source whatsoever. She does not even

have any job prospects in future as she is neither qualified in such a

way nor is skilled in any area whatsoever. The father of petitioner No.

1 belongs to a middle class family and has his own responsibilities and

cannot afford the maintenance of the petitioners. Therefore, there is no

one to support the petitioners.

1. That the petitioners require maintenance for her residence, for

food, for clothing, for medical expenses, litigation expenses and also

miscellaneous expenses including conveyance etc., for which an

aggregate sum of Rs per month for the petitioner No. 1 would be

adequate, and Rs per month for petitioner No. 2 would be proper,

keeping in view the educational perspective with respect to petitioner

No. 2.

1. That it is humbly submitted that having regard to respondent's

ownincome and property and also the status and standard of living and

alsoin view of the standard of living and requirements of the

petitioners to

which they are used to, a sum of per month would be appropriate

by way of maintenance and support in favour of the petitioners and

against the respondent.

1. It is, therefore, in the interest of justice that this Hon'ble

Court may kindlybe pleased to grant, past, present and future

maintenance in favour of the

petitioners, at the rate of Rs per month and Rs per month

in favour of the petitioner No. 1 and 2 respectively, from the date of

separation of deponent and the respondent, that is, , till all times

to come and forever during the life-time of the petitioners, in addition

tolitigation expenses of

Rs and medical expenses relating to recent treatment of

petitioner No. 2 to the tune of Rs

Sd./ Deponent.

Verification

Verified at on this the day of , 20 ,

that the contents of the above affidavit are true and correct to the

best of my knowledge, belief and information and nothing material has

been concealed therefrom.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of ,20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law.