IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SOUTH

EAST DISTRICT, SAKET COURT, DELHI

PETITION NO. OF 2019

IN THE MATTER OF:

SONIA & ANR. …PETITIONERS

VERSUS

GAURAV MANN ...RESPONDENT

P.S.: BADARPUR

INDEX
S. No. PARTICULARS C.FEE PAGES
1. Combined E-Court Fees
2. Memo of parties
3. Petition Under Section 125 of Code of
Criminal Procedure alongwith
supporting affidavit.
4. Application on behalf of petitioners for
grant of interim maintenance along with
affidavit.
5. Affidavit by the petitioner qua proof of
date of marriage.
6. List of Documents along-with
Documents.
7. Vakalatnama

DELHI
APPLICANT/PETITIONER NO.1
DATED: .04.2019
THROUGH:
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SOUTH
EAST DISTRICT, SAKET COURT, DELHI
PETITION NO. OF 2019

IN THE MATTER OF:

SONIA & ANR. …PETITIONERS

VERSUS

GAURAV MANN ...RESPONDENT

P.S.: BADARPUR

MEMO OF PARTIES

1. SONIA,
D/O
W/O GAURAV MANN
…PETITIONER NO. 1

2. HARDEEP MANN
THROUGH HER MOTHER (PETITIONER NO. 1)
S/O GAURAV MANN
…PETITIONER NO. 2

BOTH PRESENTLY RESIDING AT:

HOUSE NO. 2457,
GAUTAMPURI, PHASE -1,
PART-IV, BADARPUR,
DELHI-110004.

VERSUS

GAURAV MANN
S/O
R/O

….RESPONDENT
DELHI
APPLICANT/PETITIONER NO.1
DATED: .04.2019
THROUGH:
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SOUTH
EAST DISTRICT, SAKET COURTS, DELHI

PETITION NO. OF 2019

IN THE MATTER OF:

SONIA & ANR. …PETITIONERS

VERSUS

GAURAV MANN ...RESPONDENT

P.S.: BADARPUR

PETITION UNDER SECTION 125 OF THE CODE OF CRIMINAL

PROCEDURE FOR AND ON BEHALF OF THE PETITIONERS FOR
THE GRANT OF ORDER OF MAINTENANCE.

MOST RESPECTFULLY SHOWETH:

A. That the petitioner No. 1 is knocking the doors of this Hon’ble Court by

filing this petition under section 125 Cr. P.C seeking an order against the

respondent to provide monthly allowance for the maintenance to the

petitioners.

B. That it is apposite here to state that the marriage among Hindus is

considered to be a religious sacrament and is of great individual and

social significance. This concept of marriage that is indissoluble is itself a

sublime one which makes the husband and the wife to adjust their tastes,

tempers, ideals, interests, choices and preferences. It thus involves

sacrifices on the part of both the husband and the wife and each is called

upon to bear with the other. Each individual is here called upon to make

marriage a success by means of compromise and adjustment. Hindu

marriage is a socially approved union of man and a woman aiming at

dharma, procreation, sexual pleasure and observance of certain social

obligations.
 But present case is the glaring example of disregard to the

institution of marriage as the respondent and his family

members have committed defiance to the individual dignity

and rights of the bride (applicant/ petitioner No.1 herein)

who left her parental house and settled in the matrimonial

house with the expectation and hope that she would be

treated with care, love and affinity in her matrimonial house

but all her hope and expectation drained when the

applicant/complainant was subjected to utmost atrocities,

cruelty, ordeal and unkindness leaving with her no option

but to reach to doors of the Courts seeking justice.

C. FACTUAL MATRIX OF THE CASE THAT HAS

NECESSITATED THE FILING OF PRESENT PETITION

ARE:

i. That the petitioner No. 1 and the respondent are husband and wife. The

marriage between the petitioner No. 1 and the respondent was

solemnized on 19.03.2012 in Delhi, in the presence of relatives of the

petitioner No. 1 and the respondent as per Hindu rituals, rites and

customs and out of the said wedlock one issue i.e. petitioner No. 2 was

born on 06.03.2013 who is in the custody of the petitioner No. 1.

ii. That it is apt to state here that after the marriage, respondent and the

petitioner No. 1 started living together and cohabited as husband and wife

in the matrimonial house. It is submitted here that from the very first day

of the marriage, the behavior and the attitude of respondent and his

family members was indifferent, unresponsive and full of greed towards

the applicant/complainant.
iii. That it is imperative here to state that almost 7 years have lapsed since

the marriage, however from the first day, the petitioner No. 1 has

suffered a lot of pain, agony, mental trauma and misery due to the

unwarranted acts and unjustifiable conducts of the respondent and his

family members. Every day of the married life for the

applicant/complainant was a living hell, nightmare and a place of torment

as the respondent along with his family members had never shown any

love, care, affection and affinity towards her. The applicant/complainant

during the whole period of her married life had never raised any

objection and kept on bearing the physical assault, mental trauma,

maltreatment inflicted by the respondent and his family members, in

order to save her matrimonial life with the hope that one day good sense

would prevail and the respondent and his family members would mend

their ways towards her, but all her hope and expectations were shattered

and destroyed as respondent and his family members did not improvise

their horrible acts and conducts.

iv. That ever since the consummation of marriage between the

Respondent and the Petitioner No.1, the Accused has been

unaffectionate, rude and harsh on the Petitioner No.1. The Accused

would come home at night in the state of inebriation and would

subject the Petitioner No.1 to grave physical and sexual cruelty. The

Accused would threaten to kill the Petitioner No.1 and her son,

Petitioner No.2.

v. That the Respondent gives a little to no money to the Petitioner No.1

and expects the Petitioner No.1 to get all the necessary household
 items including food rations. The Petitioner No.1 has been an

obedient and faithful wife and tried to support the Respondent in

every aspect of life. At times, she had to clean the Respondent when

the Respondent would come home late inebriated and covered with

his own vomit. The Petitioner No.1 would clean the Respondent,

wash his cloth and serve the dinner but the attitude of the

Respondent remained unchanged and grew harsher day by day.

vi. That the Petitioner No.1 is from a very humble background and has

always believed in the moral standards and values of the Indian

Society. Whereas the Respondent would demand the Petitioner No.1

for unnatural, sodomising and filthy coitus and on dissent and denial

by the Petitioner No.1 would enforce himself upon Petitioner No.1

and while doing so, strangulate the Petitioner No.1 to prevent her

painful and tumultuous voice to reach the neighbors.

vii. The Petitioner No.1 always believed in the sanctity of her marriage

with the Respondent and never complained anyone believing that

her love and care would make the Respondent affectionate and

tender towards her however, the affect has been opposite and the

violence and torment continued to grow as if the Petitioner No.1 is a

slave and a property of the Respondent.

viii. That Respondent does not provide any maintenance for Petitioner

No.1 and her child and would mercilessly beat the Petitioner No.1 if

she asked for money even if it’s for buying food ration and other
 household supplies. There were times when there would be no ration

left to cook even for a meal and the Respondent would beat the

Petitioner No.1 until she becomes unconscious for not making

dinner.

ix. That On 19th August, 2019, the Respondent in a heavy inebriated

state came home late and when there was no food prepared in

absence of ration , opened the knob of the LPG gas cylinder and

started threatening the Petitioner No.1 that he would burn the

Petitioner No.1 and her kid alive and would commit suicide along

with killing them. It took a lot of begging and prayers to spare the

life of Petitioner No.1 and kid. The Respondent to aggravate the

matters tried to jump from the roof of the building and would have

jumped if it was not for Petitioner No.1 to retrain the Respondent.

x. That when the life of Petitioner No.1 could not have been worse, she

found that the Respondent has a concubine and is cheater and

womanizer too. It was on the same night when the Respondent was

asleep, she checked his phone and found some pictures of a woman

and a contact number. The next day when she contacted the woman,

she came to know that the photo and the contact number was of a

woman who also claimed to be a wife of the Respondent and had a son

with the Respondent as well. The phone no. of the woman was

+919876538486.
 xi. That finding no other option, the petitioner No. 1 filed a police complaint

dated 25.08.2019 against the respondent and his family members with

P.S. Badarpur, Delhi. The copy of the complaint is annexed herewith.

xii. That it is submitted that the respondent is totally ignorant towards the

need of the petitioners and has shown no love or affection towards his

own child i.e. petitioner No. 2.

xiii. That it is pertinent to mention here that given the incessant atrocities and

inhumane nature of the respondent and his family any other woman

would have broken much earlier and returned to parent’s home but the

petitioner No. 1 suffered silently as she had hoped that the respondent

would mend his ways.

xiv. That it is submitted that the irresponsible act of the respondent and his

family members of abusing the petitioner No. 1 is causing mental

tension, trauma, agony and shock to the petitioner No. 1 as well as her

family members. The petitioner No. 1 has been living a painful life and

suffering mental agony due to the aforesaid circumstances created by the

respondent and his parents. This kind of toxic relationship between the

petitioner No. 1 and the respondent would have a grave and adverse

effect on the upbringing of the petitioner No. 2.

D. That the respondent has deserted the petitioners on his own will and desire

without any reasonable cause and the respondent. The aforesaid desertion is

still being continued at the hand of the respondent.

E. That the respondent is an irresponsible man who is least bothered about the

petitioners. The petitioner No.1, in the above narrated circumstances was

mentally, physically and emotionally abused in the matrimonial home. The

respondent has a moral duty and legal obligation to maintain the petitioners and
 provide appropriate accommodation for the sustenance and residence for the

petitioners, which the Respondent has totally failed to do so.

F. That the petitioner No.1 is a house maker and petitioner No.2 is a child, are

completely dependent upon the respondent for day to day expenditure and

basic requirements. The expenses of the petitioners are perused here below:-

(i) Clothes, Accessories and other basic necessities of petitioners

amounting to Rs. 5,000/- (Rupees Five Thousand) per month.

(ii) Household expenses including Food, electricity bill, water bill, gas

cylinder etc. amounting to Rs. 4,000/- (Rupees Four Thousand) per

month.

(iii) Rental expenses amounting to Rs. 4,000/- (Rupees Four Thousand)

per month.

(iv) Medication and Doctor Fees amounting to Rs. 2,500/- (Rupees Two

Thousand Five Hundred) per month.

(v) Expenses incurred on festivals amounting to Rs. 1,000/- (Rupees One

Thousand) per month.

(vi) Travelling expenses amounted to Rs. 1,000/- (Rupees One Thousand)

per month.

(vii) Miscellaneous expenses amounted to Rs. 5,500/- (Rupees Five

Thousand Five Hundred) per month.

Total Amount Rs. 23,000/- (Rupees Twenty Three Thousand Only) per

month.

G. That the petitioners are unable to maintain themselves and respondent has

legal and fundamental duty and also responsibility to maintain the

petitioners. The respondent has sufficient means for the welfare and
 maintenance of the petitioners and the respondents cannot compel the

petitioners to live a deserted and destitute life.

H. That the present petition is also being filed on behalf of petitioner No. 2

through petitioner No. 1 being her legal and natural guardian and as such

there is no legal impediment in granting the maintenance to the petitioners.

I. That the petitioner resides within the jurisdiction of this Hon’ble Court

hence the Hon’ble Court has jurisdiction to entertain and decide the present

Petition.

J. That requisite court fee is being affixed on the petition. The petitioners also

undertake to file deficient fees (if any) at the later stage of the case.

K. That the petitioner also seeks the permission of this Hon’ble Court to urge

any other additional ground, submit any other additional information or

documents which become available to her during the hearing of the present

application.

PRAYER

In the facts and circumstances mentioned herein above it is most respectfully

prayed that:-

A. The petition may kindly be allowed and the respondent may kindly be

ordered to pay maintenance to the petitioners at the rate of Rs. 23,000/-

(Rupees Twenty Three Thousand Only) per month in the interest of justice

& equity.

B. The cost of the petition and further litigation charges may kindly be also

awarded in favour of the petitioners.

C. Interim maintenance to the petitioners at the rate of Rs. 23,000/- (Twenty

Three) per month may kindly be awarded till the pendency of the above

mentioned petition.

Any such other relief as this Hon’ble Court deem fit in the facts and

circumstance of the case may also be granted in favour of the petitioners

and against the respondent.

DELHI
APPLICANT/PETITIONER NO.1
DATED: .04.2019
THROUGH: