IN THE COURT OF ADDITIONAL PRINCIPAL JUDGE,

FAMILY COURT, ROHINI, DELHI

PETITION NO.________________ of 2014

IN THE MATTER OF :

NAYNA KHOSLA .PETITIONER

VERSUS

SUMIL KHOSLA .RESPONDENT

INDEX

S. PARTICULARS COURT PAGE

NO. FEES NO.
1. Memo of Parties

2. Petition U/s 125 Cr.P.C. for

seeking the maintenance.

3. Affidavit in support of the

same.

4. Application for interim

maintenance.

5. Affidavit in support of the

same.
 FILED BY :

R.S. GOSWAMI & ASSOCIATES

CH. NO. : 261,
TIS HAZARI COURTS,DELHI.
MOB. :9210023964.

PLACE: DELHI
DATED: COUNSEL.
 IN THE COURT OF ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, ROHINI, DELHI

PETITION NO.______________ of 2014

IN THE MATTER OF :
NAYANA KHOSLA .PETITIONER

VERSUS

SUMIL KHOSLA .RESPONDENT

MEMO OF PARTIES

NAYNA KHOSLA
W/o. SUMIL KHOSLA
D/o. SH. H.C. SETH
R/O. 108 /A, PRATAP NAGAR,
JAIL ROAD,DELHI-110064
PETITIONER

VERSUS

SUMIL KHOSLA (HUSBAND)

S/o SH.SUREH KHOSLA
BG-3/3C, PASCHIM VIHAR,
DELHI-110063
RESPONDENT

P.S.:

PETITIONER
 THROUGH
PLACE: DELHI
DATED: COUNSEL
 IN THE COURT OF ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, ROHINI, DELHI

PETITION NO.________________ OF 2014

IN THE MATTER OF :

NAYNA KHOSLA
W/o. SUMIL KHOSLA
D/o. H.C.SETH
R/O. 108 /A, PRATAP NAGAR,
JAIL ROAD, DELHI- 110064. PETITIONER

VERSUS

SUMIL KHOSLA (HUSBAND)

S/o SH. SURESH KHOSLA
R/o.BG-3/3C, PASCHIM VIHAR,
DELHI -110063. RESPONDENT

P.S.:

PETITION UNDER SECTION 125 Cr.P.C.

FOR MAINTENANCE ON BEHALF OF THE APPLICANT

Most respectfully showeth :

1. That the petitioner was married to the respondent on

28.11.2012 as per Hindu rites and ceremonies at Delhi

 with great pomp and show. After the marriage, the

petitioner lived with the respondent as his legally wedded

wife in premises bearing BG-3/3C, Paschim Vihar, Delhi-

110063 till 13.10.2013 i.e. the date on which the

respondent compelled the petitioner to return to her

parental home under well planned design and conspiracy.

2. That no child was born from the wedlock of the petitioner

and the respondent.

3. That the marriage was solemnised with great pomp and

show in which all the ceremonies were performed and the

parents of the petitioner spent huge amount of money in

the marriage by fulfilling all the demands of the respondent

and his family members.

4. That during the entire stay of the Petitioner in her

matrimonial home, the petitioner faced unbearable pain

and trauma as the petitioner was subjected to mental as

well as physical torture and harassment by the respondent

and his family members on account of dowry, despite the

 fact that the parents of the petitioner had spent lot of

money, beyond their capacity in the arrangement of the

marriage.

5. That the parents of the petitioner had given lot of articles,

household goods, jewellery, expensive clothes etc. to the

respondent, his family members and other relatives.

Besides this, the parents of the petitioner had also spent lot

of money on various functions and ceremonies. Even after

this, the respondent and his family members used to

demand specially a share in Petitioners parental house, of

Rupees 5 lakhs cash and even more gifts of elite brands

and that too of high value which caused immense mental

torture, pain, agony and suffering to the petitioner.

6. That on the next morning after marriage i.e. on

29.11.2012, the Petitioner reached her matrimonial house

bearing no. BG-3/3C, Paschim Vihar, Delhi, she faced an

unpleasant situation on the first day itself. In the evening,

Sumil Khosla (respondent husband), Usha Khosla (mother

in law), Shipra Pandey (sister in law) and Suresh Khosla

(father in law) used filthy language and passed taunts on

the poor quality of marriage arrangement and goods given

on marriage saying taunted that sare third class gift diye

 hai, sare kangle kahi ke and forced the petitioner to call

her father to missing articles in dowry like the sofa set and

two cupboards. The petitioner was not given anything to eat

for the entire day. Yet, the petitioner made the phone call to

her father and later on kept sobbing but did not say

anything for the sake of her matrimonial life.

7. That the night of 29.11.2012 was the first night of the

Petitioner and Respondent. The Petitioner being the newly

wedded wife was expecting love and affection from

Respondent but received very rude behaviour and shouting

and also slapped the petitioner and then he dozed off. The

Respondent did not try to make physical contact with the

petitioner on the first night and hence the marriage is not

consummated.

8. That on 30.11.2012 was the second night post marriage.

The Respondent came close to the Petitioner for physical

intimacy but was not able to establish a sexual intercourse

with the Petitioner. The marriage between Petitioner and

the Respondent has not consummated till date as there has

never been intercourse between the two of the parties.

Though, the Respondent was comfortable at the time of

physical intimacy of other forms upto all levels but failed to

establish a sexual intercourse. The Respondent No.1

blamed Petitioner to be sexually unfit.

9.10.That on 02.12.2012, just after three days of marriage, the

Respondent and his family including (mother in law, father

in law and sister in law) pressurized the Petitioner to give

her entire jewellery to her mother in law and father in law

on the pretext of keeping it in the safe custody in their

bank locker. The Respondent and Petitioners sister in law

took all the jewellery from Petitioner except one ear ring

and mangalsutra gold chain and then handed it over to

mother in law and father in law. It is pertinent to mention

here that till today entire jewellery except one gold chain

and ear ring of the Petitioner is under control, custody and

possession of respondents and even after repeated requests

they have not returned the same to Petitioner.

102. That on the 03.12.2012 was birthday of the Petitioner. The

parents of the petitioner went to the matrimonial home of

the Petitioner and gave many gifts to the Ppetitioner

daughter and to the Respondent and his family including

gold items and a handsome amount of cash yet the

petitioners mother in law started taunting and insulting

the petitioner in front of her parents for no hobbies and not

so good looks like her daughter.

113. That on 0911.12.2012 the petitioner and the respondent

left for Mauritius for the honeymoon. The respondent had

been comfortable with the petitioner throughout the

journey and enjoyed the company of the petitioner

 throughout the trips during daytime. On the first night in

Mauritius, the respondent was again unable to establish a

sexual intercourse. Although, there was physical intimacy

and but no sexual intercourse took place between the

petitioner and the respondent. After his failure, the

respondent did not try to establish sexual intercourse even

during six days long honeymoon period but the respondent

blamed the petitioner all the time for his inability to

establish sexual intercourse with the petitioner. The

respondent assured the petitioner that he shall take the

petitioner to a doctor when they shall reach Delhi but he

never did.

124. That after returning from Mauritius, since that time the

misfortune of the petitioner had begun to tide high. The

respondent and the mother in law had started her old

routine of taunting and passing cheap and rude comments

about the petitioner and her family and made the life of the

petitioner worse and not less than a living hell. Even after a

long time after marriage, there was is no sexual intercourse

between petitioner and respondent. The respondent had

threatened the petitioner to keep the fact as secret about no

sexual intercourse post marriage and that the marriage

had not consummated.

135. That after a few days after returning from Mauritius the

petitioner went to her parental home but the petitioner did

not share with anyone about her problems and emotional,

mental and physical pain and agony. After some days the

petitioner returned back to her matrimonial house with the

respondent his family who had come to take the petitioner

back to the matrimonial home. On that day, the petitioners

parents gave expensive gifts to the petitioner and the

respondent, mother in law and father in law including three

gold sets, one gold mala , one pair of Gold bangles for to the

petitioner and a huge amount of cash for all the members

besides the normal fruits and other regular items. As the

respondent and his family along with the petitioner entered

the matrimonial home of the petitioner, the mother in law

and the father in law started abusing the petitioner using

filthy language and snatched all the gifts and gold articles

and cash from the petitioner and pushed her away on the

floor. The petitioner got extremely scared and sobbing in

physical and emotional pain for a long time yet there was

continuous mental harassment due to abusing and

taunting language of the respondent, mother in law and

father in law. The mother in law always created an issue

and abused petitioner whenever she used to wear costly

sarees given to her by her parents and used to treat the

petitioner like a servant and dominated her life. On the

other side, even petitioners marriage with respondent was

not consummated.
146. That on the 05.01.2013, was the occasion of birthday of

the respondent and the mother in law and thus the

petitioners parents brought so many gifts for both of them

including a gold ring and cash etc. but respondent and the

mother in law abused, taunted and used filthy language

about the petitioner and the gifts brought by petitioners

parents as they said gifts were insufficient and of poor

standard. The petitioner kept sobbing and felt helpless,

hurt, emotionally broken and humiliated. On that night

also, marriage was not consummated as there was no

sexual intercourse between the petitioner and the

respondent but the respondent kept blaming the petitioner

for everything which caused huge damage to the petitioner

emotionally and mentally as she was deeply hurt and

aggrieved.

157. That on the occasion of birth of petitioners nephew, she

left on 23.01.2013 for the parental house to stay with her

family for few days . Till the day when the petitioner had left

the matrimonial home, the marriage between the petitioner

and the respondent had not consummated.

168. That after a month, on petitioners return to the

matrimonial house, there was nagging for every action of

petitioner and unceasing complaints about poor quality of

dowry articles and insufficient gold items and cash given at

time of marriage to the respondent and his family. There

 was regular mental abuse agony, stress and harassment

due to taunts and filthy language of mother in law and the

physical and mental harassment and torture due to the

fact that there had been no intercourse between petitioner

and the respondent even after 3 months of marriage and

also that the petitioner never received any love and warmth

from the respondent even though petitioners sufferings,

pain, torture and harassment were in respondents

knowledge, he remained silent and never tried to protect

her from the pain of a living hell. The petitioner started

remaining ill. Despite Petitioners illness on several

occasions, Respondent and his parents never took the

Petitioner to the Doctor. Also, the mother in law created

trouble and never used to let the petitioner study for her

B.Ed examination that is why the petitioner had to stay

with her parents during her examinations. At every

instance when the mother in law blew issues out of

proportion, the petitioner used to hard beatings from the

respondent in front of all the other members of the family.

179. That quite often, the respondent ,mother in law and father

in law used to use filthy language for petitioners parents

 and use to refer them as kangley, pagal, kaminey and

used to taunt for everything including petitioners looks,

job, academic qualifications, dowry articles etc. Soon after,

on instigation by the mother in law, respondent also started

using the similar language for petitioner and petitioners

family. The petitioner was usually threatened by the

respondent and his family members to not tell a word to

her parents or they would throw me out of their home.

1820. That it had become usual for respondent and his

family members to taunt and find mistakes in everything

that petitioner would do and then would stretch the

smallest of smallest things for days and blow things out of

proportion. The petitioner suffered from fear, mental and

physical pain and agony, stress, torture, and harassment

and mypetitioners life had become a living hell. After

marriage also the petitioners father was extending financial

help to the petitioner for every personal need and the

expenses related to fees of the coaching classes was being

borne by petitioners father. Even fee for B.ED was paid by

the Petitioners father.

Besides the responsibility of the petitioner, petitioners

parents and relatives kept on giving expensive and high

brand value gifts and cash to the respondent and his family

members on all occasions and festivals so as to satisfy

them by fulfilling their demands. This caused immense

mental harassment and torture to the petitioner.

1921. That in order to attempt consummation of marriage

and establishing sexual intercourse between petitioner and

respondent, the petitioner planned a trip to Jaipur with

respondent but even in Jaipur he escaped from sexual

intercourse with the petitioner. This made the petitioner

very tense and stressed and confused. My Petitioners life

was getting worse day by day.

202. That during the month of march-april, post holi, the

petitioner found the respondents Gmail account left open.

Upon checking respondents account, petitioner saw dirty,

indecent, obscene, vulgar and gross chat between

respondent and his female colleague. The petitioner was

mislead, defrauded, cheated by the respondent. When

petitioner asked about the same, the respondent started

shouting and slapped the petitioner. During that time, the

respondent and his family repeatedly kept enquiring about

my fathers and my maternal uncles property and that

what is my share in all those properties. The respondent

and his family were playing with mypetitioners emotions

which caused immense mental and physical trauma to the

petitioner.
21. On several occasions, the respondent and his family

repeatedly kept enquiring about petitioners fathers and

petitioners maternal uncles property and that what is

petitioners share in all those properties.

223. That on the occasion of birthday of petitioners brother on

14.04.2013, the petitioner and the respondent bought gifts

for him including bouquet of flowers and a small present to

give to petitionersmy brother on his birthday. When it came

in the knowledge of petitionersmy mother in law, she

started taunting and using filthy language for petitionerme

and my her parents. The petitioners mother in law said

naukari wali ladki dikha kar, bekaar ladki baitha di

hamare ghar mey, Kuch ata jata nahi hai aur mazey purey

chahiye saali ko, jab se aayi hai khaa gyi pura ghar,

Bina paise ke roti todti hai yahan pe. These words hurt

badly and left the petitioner emotionally broken. On

reaching petitioners parental home for birthday party, the

respondent and his family were normal but after the party,

at the time of returning to the matrimonial home of the

petitioner, when the petitioner, respondent and his family

sat in the car to drive back, the mother in law of the

 petitioner started hitting the petitioner using her legs. This

caused great pain and mental trauma to the petitioner.

234. That the mother in law of the petitioner used filthy

language and taunted the petitioner by saying ghatiya

aurat. The petitioner used to stay silent and kept hearing

all the never ending non-sense talks. EEverything going

around the petitioner was very annoying and caused

unnecessary mental disturbance and stress and emotional

turmoil and spread gloominess in her life as all this was

very depressing and the petitioner suffered immense

physical and mental pain, torture, cruelty, agony and

harassment.

245. That on occasion of serving food to the father in law once,

the mother in law of the petitioner got furious and said

very dirty words tu kya lagti hai iski,tu biwi hai kya iski jo

isse roti degi,mai mar gyi hoon kya.

256. That on 13.10.2013, the respondent took the petitioner to

her parental house as ordered by her mother in law who

said chod ke aaja issey iskey baap ke ghar, khoob maal

layegi karwa chuath pey. The respondent, and his mother,

his sister and his father had very smartly planned to throw

the petitioner out of their house as the sister in law Shipra

 Pandey was about to arrive on the 16.10.2013. Since that

day neither the respondent nor his family has come to take

the petitioner back and so the petitioner is staying with her

parents at their home.

267. That on 22.10.2013 i.e. on the occasion of Karwa Chauth,

no one turned up but only respondent came just at the time

of breaking the fast. On the 23.10.2013, the petitioners

parents very respectfully and with folded hands went to

petitionersmy matrimonial house and gave them so many

gifts including clothes and cash etc. and various food items.

On that day petitioners mother in law started using filthy

language and dirty words and the petitioners parents and

said in a taunting tone that apki beti toh naukari bhi nahi

karti aur phir bhi iskey saath kuch nahi hota, aap hamare

beti Shipra ko dekho kitna dukhi kar rakha hai uske sass

sasur ne jabki wo kamao bhi hai , which is all untrue as

she stays separately from her in laws with her husband.

278. That the next day, the petitioner made a call to the

respondent when he told the petitioner that everything in

petitionersmy matrimonial home would be in control of

petitionersmy mother in law and put a condition that

petitioners parents shall never enter petitioners

 matrimonial home and also ordered to fulfill all the

demands of more expensive gift, gold items and a cash of

sum of Rs.5 lakh Rupees and also threatened to accept all

the terms and conditions of petitionersthe mother in law

and that the petitioner shall have to spend her life on the

mercy of mother in law. Since that day neither the

respondent nor his family has ever come to take the

petitionerme back to mypetitioners matrimonial home.

28. Petitioners parents tried to discuss the matter with

Respondents and his family on phone but they were not ready

to accept their mistake and instead they blamed the Petitioner

and her father for everything that had happened and clarified

that Petitioner will have to stay in the control of petitioners

mother in law and petitioner have to spend her life as per

petitioners mother in law wish completely and demanded a

share in petitioners parental house and Rupees 5 lakh cash or

else petitioners marriage with Respondent will come to an end.

29. That after theseis incidents the petitioner was left with no

option but to tell her parents that her marriage has not

consummated yet. This left petitioners parents in state of

deep shock. The respondent and his family did not even

made call to the petitioner to wish her on the wedding

 anniversary and on her birthday. The respondent and his

family members mentioned above had done physical,

emotional, economical and verbal abuses against the

petitioner and her parents. The petitioner had been

harassed and deserted by the respondent and his family

members mentioned above which had lowered down the

reputation of the petitioner and her parents and given lot of

defamation in the society of respondent and his parental

society which includes insults, ridicule, humiliation and

she was giving beatings for not fulfilling their illegal

demands.

30. That since 23.10.2013 the petitioner is living at her

parental house at 108/A, Pratap Nagar, Jail Road, Delhi-

110064. The entire dowry articles, jewellery ,clothes and

istridhan are under possession, control and custody of the

respondent and his family members after so many

demands and requests of the petitioner, the respondent and

his family members have refused to return the same. The

respondent and his family members said that the petitioner

 has no rights on her jewellery, dowry articles, istridhan and

other documents.

31. That even after all these incidents, petitioners parents took one

more initiative from their side of settling things peacefully with

Respondent and his family. They called Petitioners father in law

for a meeting. Petitioners father in law denied petitioners

parents to come to petitioners matrimonial home and said that

meeting would be conducted outside. Petitioners father in law

suggested Haldiram, Moti Nagar as the venue. The meeting was

fixed on 18.01.2014. The Respondent along with Petitioners

parents in law came for the meeting. Petitioners father very

respectfully started the conversation and asked that how this

relationship could end in a peaceful manner. Petitioners father

by this time, had made his mind to end this relationship

considering the non-consummation of petitioners marriage and

illegal dowry demands. Petitioners father in law asked

petitioners father to specify the major reasons behind this

decision. Petitioners father started telling the same to

petitioners father in law; as soon as the issue of non-

consummation of petitioners marriage came in between,

Respondent i.e. Sumil Khosla started shouting on petitioners

father and abused him publically. Respondent also threatened

petitioner and petitioners family of severe repercussions if

 petitioners family tries to take any action against them. Saying

all this, Respondent along with his parents walked out of the

meeting venue and did not let petitioners father complete the

discussion.

321. That the respondent and his family members mentioned

above had caused physical, emotional, economic and verbal

abuse to the petitioner and her parents. The petitioner had

been harassed, mercilessly beaten and tortured and was

thrown out of her matrimonial home. The respondent and

his family members have also defamed and ruined the

reputation of the petitioner and her family in the society.

The respondent and his family members have insulted,

ridiculed, humiliated the petitioner and the petitioner was

given merciless beatings for not fulfilling their illegal

demands. The petitioner had undergone a lot of physical

and mental trauma due to the non consummation of

marriage because of the inability of the respondent to

perform sexual intercourse and due to the mental and

physical torture due to undue influence of the mother in

law and harassment due to furnishing of false informations

 at the time of marriage like the respondent said he has a

flat in Dwarka, but it was untrue. Having no other options

the petitioner gave written complaint to the ACP, CAW Cell,

Kirti Nagar, Delhi against the respondent and his family

members containing the details of cruelties inflicted upon

the petitioner by them.

The photocopy of the said complaint is annexed

herewith for the kind perusal of this Hon'ble Court.

332. That most of the Istridhan of petitioner consisting of her

jewellery, clothes and other costly items are in possession

of the respondent and his family members and even after

repeated requests they have refused to return the Istridhan

of the petitioner and a complaint in this regard has been

lodged at CAW Cell, Kirti Nagar, Delhi against the

respondent and his other family members. That, since

23.10.2013, the respondent has neglected the petitioner

and has refused to maintain her. The applicant is not

working anywhere and is not having any

movable/immovable property in her name and is totally

dependent upon her parents for her day-to-day expenses of,

food, clothing, medicines etc. On the other hand the

respondent is a B.E from Delhi college of Engineering and

is working as a very senior software engineer at Fidelity

Investments, Gurgaon which is a U.K. based MNC and is

earning Rs.15 to 20 lakhs per annum. The respondent is a

well established person as he has a work experience of 8

years in the software industry and has been holding prime

and senior positions. The following is the detail of property

and assets of the respondent as mentioned below:

a) A residential property which is the matrimonial home

of the petitioner bearing no.Bg-3/3C, Paschim Vihar,

Rohini, Delhi-110063.

b) Various Credit cards and Debit Cards in his name

(Details kept hidden from petitioner)

c) Various bank accounts and lockers (Details kept

hidden from petitioner)

d) Various FDR s (Details kept hidden from petitioner)

e) Many insurance policies (Details kept hidden from

petitioner)

The respondent has also maintained other properties,

which are not known to the petitioner.

The respondent is possessing and maintaining the

following vehicles:-
1) Hyundai i10 car

The respondent has various other possessions and property

and accounts in various banks unknown to the petitioner.

The respondent has also invested a lot of money in share

market as well as in various policies and is getting

handsome amount per month in the form of interests etc.

The respondent is maintaining costly cellphones. The

respondent is also maintains telephones at his home

The respondent is enjoying a lavish and luxurious life. The

petitioner is entitled for the same status and living

standard. So the total income of the respondent is more

than Rs. 3 lakhs per month.

The respondent has no other liability except to maintain

the petitioner. The petitioner requires monthly maintenance

of Rs.50, 000/- (Rupees Fifty Thousand Only) per month

for herself keeping in view the status enjoyed by the

respondent.
343. The respondent has other income, sources too which are

not known to the petitioner and his income tax return

would disclose such sources and quantum of income

accruing from them.

354. That the respondent has no other liability except to

maintain the petitioner as she is the only person dependent

upon the Respondent. The Respondent has not made any

provision for the maintenance of the petitioner. The

respondent is morally, socially and legally bound to

maintain the petitioner as the petitioner is the legally

wedded wife of the respondent.

365. That the petitioner is residing within the territorial

jurisdiction of this Honble Court hence this Honble Court

has jurisdiction to try and entertain the present petition.

 PRAYER

It is, therefore, most humbly prayed that this Hon'ble Court may

kindly be pleased to:-

1. Direct the respondent to pay a sum of Rs.50,000/-(Rupees

fifty thousand only) per month to the Applicant towards

her maintenance;

2. To direct the respondent to provide the income Tax Return,

Bank Accounts and their balances since 2012 such that

the actual income of the respondent can be correctly

estimated and therefore, the petitioner can enhance the

claim of maintenance and other claims.

3. To direct the respondent to pay a sum of Rs.3,00,000/-

(Rupees three lakhs only) towards the litigation charges to

the Applicant, in the interest of justice.

Any other or further relief which this Honble Court

deems fit and proper under the facts and circumstances of

the present petition in favour of the Applicant.

 PETITIONER

THROUGH

DELHI
DATED : (COUNSEL)
VERIFICATION :-

I, NAYNA KHOSLA, the above named Applicant,

do hereby verify on solemn affirmation that the

contents of para No. ___ to ___ of the petition are true

and correct to my knowledge and para No. ___ is true

and correct upon the information received and

believed to be true. Last para is prayer to this Honble

Court.

Verified at Delhi on this __ day of_________, 2014.

PETITIONER
IN THE COURT OF ADDITIONAL PRINCIPAL JUDGE, FAMILY
COURT, ROHINI, DELHI

PETITION NO.________________ of 2014

IN THE MATTER OF:-

SMT.NAYNA KHOSLA . PETITIONER

VERSUS

SH. SUMIL KHOSLA . RESPONDENT

APPLICATION FOR INTERIM MAINTENANCE

Most respectfully showeth :-

1. That the Applicant is the wife of the Respondent. The

Applicant is claiming maintenance for herself and has filed

accompanying application under section 125 Cr. P.C. for

grant of maintenance and the contents of the same are not

being reproduced herein for the sake of brevity, the same

may be read as part and parcel of this application.

2. That the Applicant was married to the Respondent in

accordance with Hindu rites, and ceremonies on

28.11.2012 at Delhi.

3. That since 23.10.2013 the Applicant is residing at her

parental house at 108 /A, PRATAP NAGAR, JAL ROAD,

DELHI as the respondent under the well planned design

conspiracy forced the applicant to leave the matrimonial

home. That since 23.10.2013, the respondent has

neglected the Applicant and has refused to maintain her.

The applicant is not working anywhere and is not having

any movable/immovable property in her name and is

totally dependent upon her parents for her day-to-day

expenses of, food, clothing, medicines etc. On the other

hand the respondent is working as a very senior software

engineer at Fidelity Investments, Gurgaon which is a U.K.

based MNC and is earning Rs. 15 to 20 lakhs per annum.

The respondent is a well established person as he has a

work experience of 8 years in the software industry and has

been holding prime and senior positions. The following is

the detail of property and assets of the respondent as

mentioned below:

a) A residential property which is the matrimonial home

of the petitioner bearing no.Bg-3/3C, Paschim Vihar,

Rohini, Delhi-110063.

b) Various Credit cards and Debit Cards in his name

(Details kept hidden from petitioner)

c) Various bank accounts and lockers (Details kept

hidden from petitioner)

d) Various FDR s (Details kept hidden from petitioner)

e) Many insurance policies (Details kept hidden from

petitioner)

The respondent has also maintained other properties,

which are not known to the petitioner.

The respondent is possessing and maintaining the

following vehicles:-

1) Hyundai i10

The respondent has various other possessions and property

and accounts in various banks unknown to the petitioner.

The respondent has also invested a lot of money in share

market as well as in various policies and is getting

handsome amount per month in the form of interests etc.

The respondent is maintaining costly cellphones. The

respondent is also maintains telephones at his home

The respondent is enjoying a lavish and luxurious life. The

petitioner is entitled for the same status and living

standard. So the total income of the respondent is more

than Rs. 3 lakhs per month.

The respondent has various other possessions and property

and accounts in various banks unknown to the petitioner.

The respondent has also invested a lot of money in share

market as well as in various policies and is getting

handsome amount per month in the form of interests etc.

The respondent is maintaining costly cellphones. The

respondent is also maintains telephones at his home

The respondent has no other liability except to maintain

the petitioner. The petitioner requires monthly maintenance

of Rs.50, 000/- (Rupees Fifty Thousand Only) per month

for herself keeping in view the status enjoyed by the

respondent.
4. The respondent has other income, sources too which are

not known to the petitioner and his income tax return

would disclose such sources and quantum of income

accruing from them.

5. That the respondent has no other liability except to

maintain the petitioner as she is the only person dependent

upon the Respondent. The Respondent has not made any

provision for the maintenance of the petitioner. The

respondent is morally, socially and legally bound to

maintain the petitioner as the petitioner is the legally

wedded wife of the respondent.

The respondent has no other liability except to maintain

the petitioner. The petitioner requires monthly maintenance

of Rs. 50,000/- (Rupees fifty thousand only) per month for

herself keeping in view the status enjoyed by the

respondent.
6. That the respondent has no other liability except to

maintain the Applicant. The Applicant requires monthly

maintenance of Rs.50, 000/- (Rupees fifty thousand only)

per month for the maintenance of herself upto the standard

of the respondent as well as the she is entitled under the

law, and a sum of Rs. 3,00,000/- (Rupees three lakhs Only)

on account of litigation expenses from the respondent. The

respondent has neglected the Applicants on account of

their maintenance and has not paid a single penny to the

Applicant.

7. That the Applicant will suffer irreparable loss and injury if

an interim order is not passed thereby directing the

respondent to pay the monthly allowance/maintenance to

the Applicant as the Applicant is in dire need of money and

also the respondent is morally, legally as well as socially

bound to maintain the Applicant upto the standard of the

respondent to which the Applicant is entitled as per the

law.
8. That the petitioner is completely dependent on her parents

for day to day needs like clothes, medicines etc. which is

the legal responsibility of the respondent is legally bound to

maintain the petitioner and the Applicant is in dire need of

money for the maintenance of herself and hence this

application for grant of interim maintenance.

 PRAYER

It is, therefore, most humbly prayed that this

Honble Court may kindly be pleased to:-

(i) Direct the respondent to pay a sum of Rs.50,000/-

(Rupees fifty thousand only) per month to the Applicant

towards her maintenance;

(ii) To direct the respondent to provide income Tax

Return, Bank Accounts and their balances since 2012 such

that the actual income of the respondent can be correctly

estimated and therefore, the petitioner can enhance the

claim of maintenance and other claims.

(iii) Direct the respondent to pay a sum of Rs.3,00,000/-

(Rupees three lakhs only) towards the litigation charges to

the Applicant, in the interest of justice.

Any other or further relief which this Honble Court

deems fit and proper under the facts and circumstances of the

present petition in favour of the Applicant.

 APPLICANT

THROUGH
DELHI
DATED :

(COUNSEL)
 IN THE COURT OF ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, ROHINI, DELHI

PETITION NO.________________ of 2014

IN THE MATTER OF:-

SMT.NAYNA KHOSLA . PETITIONER

VERSUS

SH. SUMIL KHOSLA . RESPONDENT

AFFIDAVIT

I, NAYNA KHOSLA, W/o. SUMUIL KHOSLA, D/o.

SH.H.C. SETH, R/O.108 A, PRATAP NAGAR, JAIL ROAD,

DELHI-64.0DO HEREBY SOLEMNLY AFFIRM AND DECLARE

ON OATH AS UNDER:-

1. That I am the Applicant in the above noted matter and

am well conversed with the facts and circumstances of

the case, as such am fully competent to swear the

present affidavit.

2. That the accompanying application for interim

maintenance has been drafted by my counsel under my

instructions and the facts stated therein are true and

 correct to my knowledge and the same has not been

reproduced here for the sake of brevity and the same be

read as part and parcel of the present affidavit.

Deponent

VERIFICATION :-

Verified at Delhi on this _____ day of ___________,

2014, that the contents of my above affidavit are true and

correct to the best of my knowledge and belief, no part of it is

false and nothing material has been concealed therefrom.

Deponent
 IN THE COURT OF ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, ROHINI, DELHI

PETITION NO.________________ of 2014

IN THE MATTER OF:-

SMT.NAYNA KHOSLA . PETITIONER

VERSUS

SH.SUMIL KHOSLA . RESPONDENT

AFFIDAVIT

I, NAYNA KHOSLA, W/o. SUMIL KHOSLA, D/o.

SH.H.C.SETH, R/O. 108 A, PRATAP NAGAR, JAL ROAD,

DELHI- 110064. DO HEREBY SOLEMNLY AFFIRM AND

DECLARE ON OATH AS UNDER:-

1. That I am the Applicant in the above noted matter and

am well conversed with the facts and circumstances of

the case, as such am fully competent to swear the

present affidavit.

2. That the accompanying petition under section 125 Cr.

P.C. has been drafted by my counsel under my

instructions and the facts stated therein are true and

correct to my knowledge and the same has not been

 reproduced here for the sake of brevity and the same be

read as part and parcel of the present affidavit.

Deponent

VERIFICATION:-

Verified at Delhi on this _____ day of ___________,

2014, that the contents of my above affidavit are true and

correct to the best of my knowledge and belief, no part of it

is false and nothing material has been concealed therefrom.

Deponent
s