IN THE COURT OF CIVIL JUDGE (JD)

AND JMFC
AT TUMKUR

CMIS:

PETITIONER

/2011

VS

PUSHPALATHA.S
D/O SHANTHAPPA
MAVISIDDAIAH
AGED 19 YEARS
CASTE BY LINGAYATH
CASTE
C/O RAMANNAS HOUSE
KATTE
KUNDUR VILLAGE
TUMKUR TALUK
TALUK

RESPONDENT
GURUSWAMY.S
S/O
AGED 26 YEARS
CASTE BY SCHEDULE
KARIYANA
ALUR POST
CHAMARAJANAGARA
& DISTRICT

PETITION UNDER SECTION 125 (1) OF CRIMINAL

PROCEDURE CODE:-

1. The address of parties for service of process are as

stated above the addresses are true and correct.
2. The petitioner humbly submits that ,the petitioner

is

the legally wedded wife of respondent, the marriage is

solemnized before Shri Male Mahadeshwara Swami
Kshethra on 12-08-2010 in the Samuhika Vivaha
Samarambha and the same is registered in SubRegistrar

office

of

Chamarajanagar

vide

marriage

number CRJ- HM15-2010-11 dated 16-09-2010 in CD

number CRJM1. The letter of Temple and Marriage
registration certificate is produced as Annexure P1 & P2
for kind perusal of the Honble court.

3. The Petitioner humbly submits that, the marriage

between them is love marriage against the wishes of
parents.
4. The petitioner humbly submits that, the respondent is
working in private factory and earning Rs 8000-00 as
salary till recently.
5. The petitioner humbly submits that , the petitioner and
respondent lived happily till end of April 2011 for about
eight months and all of a sudden respondent started
illtreating this petitioner by way of suspicion and by
way of filthy abuse and by way of desperation.
6. The petitioner humbly submits that , the respondent
abused petitioner by scolding repeatedly that he had a
bright future and could have got well settled by taking
dowry and I spoiled his prosperous life through love
marriage.
7. The

petitioner

humbly

submits

that

due

such

desperation and greed of having more money the

respondent starved this petitioner by rejecting to
provide food and grains to home in the end of the
month of

April 2011. The petitioner without bearing

such starvation returned to her mother with the help of

some neighbours.
8. The petitioner humbly submits that , the neighbours are
also threatened by the respondent for having helped
this petitioner to return to her native.
9. The petitioner humbly submits that , the respondent is
repeatedly threatening this petitioner to give divorce
and harassing with phone calls to file false atrocity
cases. The petitioner is beinbg in such way neglected

by the respondent without any sufficient cause for the

same hence this petition to get maintenance.
10.

The

petitioner

humbly

submits

that

The

petitioner is last residing within the Jurisdiction of this

court in the house of her

parents and hence the

petition is filed before this court.

11.

The petitioner humbly submits that , the petitioner

having no independent work and having low level

education is not finding any suitable job is being
starved and not having life equal to that of respondent.
12.

The

petitioner

respondent

is

humbly

having

submits

independent

that

job

the

and

also

promised to look after this petitioner initially have

driven back from his promise. Respondent is also
having share in the Joint family lands and rich enough
having average monthly income of Rs 20,000-00 from
all sources.
13.

The

petitioner

humbly

submits

that

the

respondent is temporarily depending upon parents of

her and parents are poor enough and unable to
maintain themselves and hence this petitioner is more
burden to her parents.
14.

The petitioner humbly submits that , the marriage

between respondent and this petitioner is a love

marriage and parents are having their own grievances
with the marriage and hence this petitioner is under
thrishanku sthithi in life hence this petition for
maintenance.
15.

The petitioner humbly submits that , she require

Minimum Rs 10,000-00 for her sustainable livelihood

including separate residence charges, food, clothing

and other necessities of life as equal to that of
respondents status. The petitioner further submit, that,
they

have

not

filed

any

other

Suit,

Petition

or

application, initiating any other proceedings before any

Court or Authority in respect of the subject matter
against the respondent seeking the same relief as
sought in this Petition. The Petitioner submit, that, she
have no other alternative, effective or adequate remedy
otherwise than by means of filing this petition.

No

proceedings is pending before any other Court on same

cause of action.
Wherefore this petitioner humbly prays this Honble
court to allow the petition by directing respondent to
pay monthly maintenance of Rs 10,000-00 to this
petitioner from the date of petition to the date of
realization in the ends of Justice.
Date:Place:- Tumkur

PETITIONER

ADVOCATE FOR PETITIONER

VERIFICATION
I Pushpalatha.S the petitioner in the above petition do
hereby solemnly affirm and verify that the facts stated
in the above petition is true and correct and is
explained by my advocate in kannada and I only stated
the facts to my advocate and I do affirm and sign as
below.
Date:Place:- Tumkur

PETITIONER

IN THE COURT OF CIVIL JUDGE (JD)

AND JMFC
AT TUMKUR
IA : 1/2011
IN
CMIS:

PETITIONER /APPLICANT
RESPONDENT/OPPONENT
PUSHPALATHA.S

/2011

VS
GURUSWAMY.S

INTERIM EXPARTE APPLICATION UNDER SECTION 125 (2)

OF CRIMINAL PROCEDURE CODE:-

For the reasons sworned and stated herein below, I the

applicant /petitioner herin above named humbly prays
this Honble court to make exparte interim order by
ordering respondent to pay forthwith Rs 5000-00 as
interim maintenance in favour of this applicant from the
date of this petition until further orders in the ends of
justice.
Reasons necessitating the application
1. This applicant/petitioner is the legally wedded wife of
respondent, the marriage is solemnized before Shri
Male Mahadeshwara Swami Kshethra on 12-08-2010 in
the Samuhika Vivaha Samarambha and the same is
registered in Sub-Registrar office of Chamarajanagar
vide marriage number CRJ- HM15-2010-11 dated 16-09-

2010 in CD number CRJM1. The letter of Temple and

Marriage

registration

certificate

is

produced

as

Annexure P1 & P2 for kind perusal of the Honble court.

2. The Petitioner humbly submits that, the marriage
between them is love marriage against the wishes of
parents, the respondent is working in private factory
and earning Rs 8000-00 as salary till recently. The
petitioner and respondent lived happily till end of April
2011 for about eight months and all of a sudden
respondent started ill-treating this petitioner by way of
suspicion and by way of filthy abuse and by way of
desperation. The

respondent abused petitioner by

scolding repeatedly that he had a bright future and

could have got well settled by taking dowry and I
spoiled his prosperous life through love marriage. Due
to such desperation and greed of having more money
the respondent starved this petitioner by rejecting to
provide food and grains to home in the end of the
month of

April 2011. The petitioner without bearing

such starvation returned to her mother with the help of

some neighbours.

The neighbours are also threatened

by the respondent for having helped this petitioner to

return to her native.
3. The petitioner humbly submits that , the respondent is
repeatedly threatening this petitioner to give divorce
and harassing with phone calls to file false atrocity
cases. The petitioner is beinbg in such way neglected
by the respondent without any sufficient cause for the
same hence this petition to get maintenance. The
petitioner having no independent work and having low
level education is not finding any suitable job is being

starved and not having life equal to that of respondent.

The

respondent is having independent job and also

promised to look after this petitioner initially have

driven back from his promise. Respondent is also
having share in the Joint family lands and rich enough
having average monthly income of Rs 20,000-00 from
all sources.
4. The petitioner humbly submits that , the respondent is
temporarily depending upon parents of her and parents
are poor enough and unable to maintain themselves
and hence this petitioner is more burden to her parents.
The marriage between respondent and this petitioner is
a love marriage and parents are having their own
grievances with the marriage and hence this petitioner
is under thrishanku sthithi in life hence this petition
for maintenance.
5. The petitioner humbly submits that , she require
Minimum interim Maintenance of Rs 5,000-00 for her
sustainable temporary livelihood

as a temporary

measure hence this interim application. The petitioner

further submit, that, they have not filed any other Suit,
Petition or application, initiating any other proceedings
before any Court or Authority in respect of the subject
matter against the respondent seeking the same relief
as sought in this Petition. The Petitioner submit, that,
she have no other alternative, effective or adequate
remedy otherwise than by means of filing this petition.
No proceedings is pending before any other Court on
same cause of action.
6. The respondent is highly politically motivated person
and may avoid the process of the court and delay the

proceedings with high tactics. The interim order is very

much needed to tide over the crisis of the petitioner
and also to inculcate due discipline among respondent
in his lawful duties.
7. This petitioner have made out a primafacie case of
lawful marriage and due neglect by the respondent and
needs badly the exparte order of court, no harm or
injury

will

be

caused

to

respondent

if

interim

maintenace is ordered by the court, contrarily

this

petitioner will be put to very great hardship, irreparable

loss, which cannot be equated in terms of money or
monies worth.
8. I submit that, I have made out a prima facie case. The
balance of convenience fully lies in our favour. If the
interim order of exparte maintenance order is granted
in our favour no harm will be caused to the other side.
Hence, this interlocutory application for interim order,
for maintenance
Wherefore this petitioner humbly prays this Honble
court to allow the interim application by directing
respondent to pay monthly interim maintenance of Rs
5,000-00 to this petitioner from the date of application
to the date of realization in the ends of Justice.
Date:Place:- Tumkur
I

APPLICANT

VERIFICATION
Pushpalatha.S the applicant/petitioner in the above

petition

do

hereby

solemnly

affirm

before

oath

commissioner/Notary and verify that the facts stated in

the above application is true and correct and is

explained by my advocate in kannada and I only stated

the facts to my advocate and I do affirm and sign as
below.
Date:Place:- Tumkur

PETITIONER

Identified by me

Advocate

IN THE COURT OF CIVIL JUDGE (JD)

AND JMFC
AT TUMKUR
CMIS:

PETITIONER /APPLICANT
RESPONDENT/OPPONENT

/2011

VS

PUSHPALATHA.S

GURUSWAMY.S

LIST OF DOCUMENTS
Ann
Description
e
xure
P1
MARRIAGE CERTIFICATE
P2
TEMPLE LETTER
P3
EDUCATIONAL RECORD OF
PETITIONER SHOWING HER
POOR EDUCATION
P4
P5
P6
P7
P8
P9
P10
P11
P12

NATURE AND WITH

WHOM ORIGINAL LIES
ORIGINAL
ORIGINAL
ORIGINAL

P13
P14

PLACE : TUMKUR
DATED :
PETITIONER

ADVOCATE

FOR

IN THE COURT OF CIVIL JUDGE (JD)

AND JMFC
AT TUMKUR
CMIS:

/2011

PETITIONER /APPLICANT
RESPONDENT/OPPONENT

VS

PUSHPALATHA.S

GURUSWAMY.S

INDE X
SL
N
O
1
2
3
3

DESCRIPTION
PETITION UNDER
SECTION 125(1) OF
CRPC
VAKALATH
INTERIM APPLICATION
UNDER SECTION
125(2) OF CRPC
LIST OF DOCUMENTS
ALONG WITH

PAGE NO

C.FEE PAID

10-00
WELFARE

4
5

DOCUMENTS
PROCESS MEMO
COPY OF PETITION
AND
IA
TO
RESPONDENT

6
7
8
9

PLACE : TUMKUR
DATED :
PETITIONER

ADVOCATE

FOR