Affidavit In Support Of Petition Under Section 125 Of The Code Of Criminal Procedure, 19731 - Legal Draft

Precedent No. 65

AFFIDAVIT: IN SUPPORT OF PETITION UNDER SECTION 125 OF THE CODE OF

CRIMINAL PROCEDURE, 1973 It is pertinent to mention here that, although,

the provision regarding maintenance of certain categories of persons has

been enshrined in the Code of Criminal Procedure, 1973, the right to

maintenance is inherently and essentially a civil right. The intention

of the legislature behind making the aforesaid exception is to enable

the judiciary to deal with situations requiring urgent and immediate

attention. Further, it is for this reason that the pattern, in relation

to affidavits, would be the same as followed in civil litigation.

IN THE COURT OF METROPOLITAN MAGISTRATE,

In

Criminal Complaint No of 20

Petitioners/Complainants:

Vs.

Respondent:

AFFIDAVIT of , D/o , aged years,

presently residing in

The deponent abovenamed solemnly declares and affirms as follows:—

1. That, I am petitioner No. 2 in the accompanying petition and I

am fully conversant with the facts and circumstances of the case. I am

competent to swear to this affidavit.

1. That, I am the natural mother of petitioner No. 1 and the

respondent herein is her natural father.

1. That petitioner No. 1 is an infant girl of 2.5 months in my

custody and care.

1. That, whatever I have stated in the accompanying petition under

section 125 of the Code of Criminal Procedure, 1973, has been read over

and explained to me and I have understood the contents of the same,

which are true and correct to my knowledge and information received. The

same may kindly be read as a part of this affidavit to avoid repetition

and for the sake of brevity.

1. The said petition has been drafted by my counsel under my

instructions.

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.