IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, DELHI.
CRIMINAL
COMPLAINT NO. __________ OF 2017 IN THE MATTER OF :- 1. Smt. X _______ W/o
Z._________ R/o _________ 2. Master R ______ S/o Z _________ R/o __________ through his mother
and natural guardian Smt X COMPLAINANTS VERSUS Z ____S/o ______R/o _____
RESPONDENT/ACCUSED APPLICATION UNDER SECTION 125 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 The Complainant above named most respectfully submits as under :-
1. That Complainant No. 1 is the legally wedded wife of the Respondent while Complainant No. 2 is the
legitimate son of the Respondent. Both the Complainants are residing within the jurisdiction of this
Hon‟ble Court.
2. That Complainant No.1 was married to the Respondent according to the Hindu Rites and ceremonies
on ____________- at New Delhi and Complainant No. 2 was born out of their wedlock on __________.
Complainant No. 2 is staying with Complainant No. 1 at present.
3. That Complainant No. 1 and Respondent stayed together after their marriage and for the last two years
proceeding________, they were staying at Delhi.
4. That sometime during the period June-July, _______, the matrimonial life of Complainant No. 1 and
the Respondent got disturbed on account of the illegitimate affair of the Respondent with a girl named
Mrs. A. Complainant No. 1 made best possible efforts to persuade the Respondent to desist from
indulging in an affair outside their wedlock. However, the same had no effect on the Respondent. Rather,
the behavior of the Respondent towards Complainant No. 1 became rude, cruel and oppressive, and
finally on ___________, the Respondent compelled Complainant No. 1 to leave the matrimonial home
along with Complainant No. 2, since then, the Complainants are staying with Complainant No. 1‟s father.
5. That the Complainant No.1 has made repeated attempts to join the Respondent in the matrimonial
home. However, the Respondent has refused to take back the Complainants and has clearly informed
Complainant No. 1 that he was planning to
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marry Mrs. A though the same is not permissible under law. As such, the Respondent has deserted the
Complainants without any reasonable cause.
6. That the Respondent is liable to maintain the Complainants who have repeatedly requested the
Respondent to provide them the appropriate maintenance. However, the Respondent has not only
refused/neglected to maintain the Complainants, but has also refused to ever part with/return the articles
belonging to Complainant No. 1 towards the dowry and Stridhan which are lying at the Respondent‟s
house.
7. That the Respondent is a man of status and is working as a Wing Commander in Indian Air Force. He
is getting monthly emoluments of about Rs. _____ per month and as such has sufficient means to
maintain himself and the Complainants. He has no encumbrances or liabilities except that of maintenance
of the Complainants.
8. That Complainant No. 1 has no independent source of livelihood and as such is unable to maintain
herself. She is staying with her father at Delhi and as such both the Complainants are dependant upon
him.
9. That Complainant No. 2 is a minor and is also staying with Complainant No. 1. He is studying in Delhi
Public School, New Delhi, and his monthly expenditure including school fees, dresses etc. etc. is more
than Rs. ______ Apart form this, Complainant No. 1 has also kept a maidservant to properly look after
Complainant No. 2 and is paying her Rs. ____ per month which is presently being borne by her father.
10. That the Complainants are residing at Delhi. This Hon‟ble Court therefore is competent to entertain
and try this petition.
PRAYER It is, therefore, most respectfully prayed that the orders for maintenance of the Complainants
be passed in favour of the Complainant and against the Respondent directing the Respondent to pay the
monthly allowance of Rs. ___ towards the maintenance of Complainant No. 1 and Rs ______ towards
the maintenance of Complainant No. 2. The costs of these proceedings be also awarded to the
Petitioner. COMPLAINANTS THROUGH Delhi. Dated : _____________ ADVOCATE (Note :- An affidavit is
to be attached to this petition) Note : List of witnesses to be mentioned at the end of the complaint or
separately after writing short title of the complaint case. COMPLAINANT
