Evidence By Way Of Affidavit During Trial Under Section 125 Of Code Of Criminal Procedure1973 - Legal Draft

Precedent No. 68

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

CRIMINAL PROCEDURE, 1973

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

In Criminal Complaint No of 20

Petitioners:

Vs.

Respondent:

AFFIDAVIT of , D/o , aged

years, presently residing in

The deponent abovenamed hereby solemnly affirms and states as

follows:—

1. That the deponent herein is petitioner No. 1 in the accompanying

petition.The deponent is well conversant with the facts and

circumstances of thecase and stands fully competent to swear to this

affidavit. The deponentherein will be referred to as petitioner No. 1

hereinafter.

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

solemnised at , on , according to Hindu rites and

ceremonies.

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

familymembers of the respondent, the marriage between petitioner No. 1

andthe respondent was solemnised with great pomp and show.

Approximately, Rs was spent on tents and food only. Prior

to the marriage, the sagai ceremony had been performed on

and huge expenses were incurred on that occasion as well. A total

amount of atleast Rs was spent by the parents of petitioner

No. 1. Dowry, stridhan and other gift items given from the side of

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

1. That petitioner No. 1 was initially taken to , which

continued to be her matrimonial home till the couple shifted to Both

the aforesaid houses belong to the respondent.

1. That before the couple's departure for their honeymoon, all the

valuable dowry articles and stridhan belonging to petitioner No. 1 was

solicited by the mother-in-law of petitioner No. 1, from the custody of

petitioner No. 1, for being kept under trust in her safe-custody.

Petitioner No. 1 had to accede to the aforesaid solicitation against her

will.

1. That on the day following the wedding, the respondent started

doubting the character of petitioner No. 1 and even accused her of

having extramarital affairs. Further, petitioner No. 1 was shocked to

see the lust for dowry on the part of her mother-in-law and

sister-in-law. On the 6th day after marriage, after coming back from

honeymoon, the respondent went to the extent of accusing petitioner No.

1 of seducing her own brother-in-law.

1. That prior to her marriage with the respondent, petitioner No. 1 was

employed as a librarian in college. After marriage, however, the

respondent forced petitioner No. 1 to leave the job. This was done

inspite of the fact that marriage between the parties had taken place on

the condition that petitioner No. 1 would be allowed to continue with

her job. On the other hand, the mother-in-law of petitioner No. 1 wanted

her to continue with the job for want of money and due to these

differences between the respondent and his mother, petitioner No. 1 was

victimised and tortured for no fault on her part. The respondent and his

mother even harassed petitioner No. 1, both physically and mentally,

over the aforesaid issue. Consequently, petitioner No. 1 had to leave

the job.

1. That the mother-in-law and sister-in-law of the petitioner

exhibited utmost dissatisfaction with the dowry articles brought by

petitioner No. 1. As a result, the mother-in-law and the sister-in-law

not only started beating petitioner No. 1 but also used excessively

abusive language for her aged parents.

1. That petitioner No. 1 got pregnant in the month of On

, after abusing and slapping petitioner No. 1 in public, the

respondent asked her to sit on the scooter and before she could sit on

it, the respondent candidly, deliberately & intentionally started

running it as a result whereof petitioner No. 1 fell down, which

culminated into miscarriage together with other physical injuries. After

the aforesaid miscarriage, when the petitioner went back to her

matrimonial home, filthy words were hurled at her and she was given

merciless beating by the respondent in front of the other accused

persons who, instead of intervening in the matter, instigated the

respondent.

1. On , the respondent forced petitioner No. 1 to leave the

matrimonial home forever and she was left with no option but to go to

her parents' house.

1. On , with persuasion and efforts of the relatives, friends and

family members, petitioner No. 1 went back to matrimonial home only to

face the same situation as she has left the house in. Not only did the

respondent cross all the limits of decency but also went onto the extent

of threatening to kill petitioner No. 1. Thereafter, petitioner No. 1

was literally thrown out of the matrimonial home.

1. On with the great efforts made by the common relatives

and friends a compromise took place between petitioner No. 1 and the

respondent, petitioner No. 1 was allowed to join her matrimonial home on

the condition that nobody from her family would come to her matrimonial

home. Petitioner No. 1 was also forced to apologise to the respondent

and his family members in front of all the relatives and friends.

1. That it is pertinent to mention here that the respondent, in a

bid to expand his business, incessantly pressed petitioner No. 1 to

bring money from her parents and on her refusing to do so, the

respondent perpetrated more physical and mental cruelty on petitioner

No. 1.

1. That in the month of , petitioner No. 1 conceived once again.

However, the respondent and his family members continued to shower

unprecedented torture and atrocities on petitioner No. 1, completely

unmindful of and indifferent to her delicate condition.

1. On , the respondent took petitioner No. 1 to a gynaecologist

on the pretext of conducting a medical check up. However, the doctor

after doing ultra-sound test conveyed to the respondent that petitioner

No. 1 was carrying a female child. This triggered off the respondent's

anger and he started shouting at petitioner No. 1 in the doctor's clinic

itself. Since the aforesaid date, the respondent and his family members

treated petitioner No. 1 with such cruelty as is incapable of being told

in words. The magnitude of cruelty and violence perpetrated on

petitioner No. 1 shook her body and soul in such a way that she has not

been able to recover till date.

1. That it is submitted that various police complaints are pending in

the

police-station with regard to grievous hurt and attempt to

murder etc., in different matters against the respondent and which were

concealed by petitioner's in-laws at the time of marriage. The

respondent is notorious with regard to his bad character in the entire

locality.

1. That on , petitioner No. 1 gave birth to petitioner No. 2 at

However, even the birth of the lovely child failed to placate

the respondent and his family and the entire family, while visiting

petitioner No. 1 in the said hospital, told her to go back to her

parents' place immediately after being discharged from the hospital.

1. On finding herself unable and unwilling to receive any

more pain and torture from the respondent's side, petitioner No. 1,

alongwith the new born child, went to her parents' house after being

discharged from the hospital and did not set foot into the respondent's

house ever since.

1. That since the date petitioner No. 1 was forced to leave her

matrimonial home, neither the respondent nor the mother-in-law of

petitioner No. 1 has even bothered to make any provision for the

petitioners herein nor ever came to see her and her minor child and they

have totally neglected her and her child. Petitioner is forced to live

with her parents and she is totally dependent upon her parents for all

purposes.

1. Whenever petitioner tried to contract respondent, the

petitioner was warned by her in-laws not to talk with them in future as

they have no relation of any nature with her. Due to acts and attitude

of the respondent and his family members, the petitioner has no other

option but to approach your goodself with this complaint.

1. That petitioner No. 1 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 claim.

1. That the respondent is a man of 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 the respondent is the sole owner of two immovable properties

asstated above in the title of this complaint and in first few paras

thereafter,besides others. The respondent is having no-one else to

maintain exceptthe petitioners as he is living with his mother who

herself is earning fromvarious sources. The respondent is having a good

standard of living and ismaintaining cars, air conditioners, scooter,

motorcycle, landline phones

and mobile phone Nos and etc., all other related

household utilities and luxuries including T.V., fridge, and washing

machine, besides lavish accommodation at his disposal.

1. That the respondent is earning atleast a sum of Rs per month

from different sources and is an income-tax assessee, though he is

showing in his income-tax returns only meager income for the inherent

reasons. The respondent is running the business of placement in the

name and style of , having office at , having his

current bank account. He is also an insurance agent with various

insurance companies. The respondent is also generating income by means

of interest on deposits and investments, having his rental income, his

mother is also earning and he does not have anybody dependant on him or

to support except the petitioners.

1. That a sum of Rs approximately was spent by petitioner No. 1

by taking loan from her relatives and friends at the time of her

delivery and subsequent medical expenses.

1. That petitioner No. 1 is mother of an infant child of 2.5

months only, having nobody to look after the child and not in a position

to do any job. She has no income from any source whatsoever, nor is she

having any prospects in future as she is neither qualified in such a way

nor is skilled in any area whatsoever. Moreover, the job of librarian

that she was having before marriage was also given up by petitioner No.

1 on the directions of the respondent. The father of petitioner No. 1

belongs to the middle-class and has four daughters of marriageable age.

Therefore, he cannot afford to maintain the petitioners and 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 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 submitted that having regard to the respondent's own

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

in view ofthe standard of living and requirements of the petitioners to

which they

are used to, a sum of Rs per month would be appropriate by

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

the respondent.

1. It is, therefore, respectfully prayed in the interest of justice

that thisHon'ble Court may be 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 petitioner No. 1 and the

respondent, and from the date of birth of petitioner No. 2,

respectively, till all times to come and forever during the life-time of

the petitioners, in

addition to litigation expenses of Rs and medical expenses

relating to delivery 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. Prayer should not normally be made a part of affidavit, if

possible.