In the Court of the Learned Judicial Magistrate ____ Court at ________.
Ref Case No XXX of 20XX
Smt. ____________ …………….Petitioner/Wife.
Mr. __________________ ……Opp, Party/Husband in-person.
Application on behalf of the Respondent/OP under section 91 CrPC
MOST RESPECTFULLY SHEWETH:
- That the OP husband filed the suit for ______ (divorce / RCR ) on __month_-20XX whereas in reply the Petitioner-wife filed Maintenance case U/s 125 CrPC on __month_-20XX only to intentionally harass and extort and extract money from the OP husband ( add … without paying any heed to the future of the child IF there is a child)
During the pendency of the said suit the petitioner-wife set in motion the instant proceeding for maintenance for herself ( …and the child ..) on the basis of false and concocted stories which are self contradictory on the face of it.
That it is now well known that for wrongful gain and for settling scores in a gender biased law game, women like petitioner-wife indulges themselves in sinuous and seductive dispositions before the court which is in this case neither good for the innocent child nor the marital life.
The Petitioner/Wife did not disclose her any income details in her petition.
The Petitioner/Wife also neither disclosed her any education qualification nor any valid reason why she is unable to maintain herself due to any physical, mental, educational or whatsoever problem with valid proof.
That the OP husband earnestly hope that the learned court can ensure the OP husband to provide him an affidavit as per provision of 91 CrPC from the petitioner-wife containing the following points: –
a) The reason why she does not wish to lead a conjugal life with the OP husband.
b) The reason why the petitioner-wife left her matrimonial home.
c) The reason why she is unable to maintain herself.
d) To show any ground that proves the OP husband has sufficient means of negligence towards his wife and child or has refused to maintain his wife and child.
e) Her income details if any. If she does not have any income then the reason of not engaging into a job in spite of being highly educated.
f) To furnish her latest educational qualification.
g) To furnish her PAN Card details and Income Tax Returns.
P R A Y E R
In the circumstances aforesaid,
a. It is therefore most respectfully prayed that the Hon’ble Court exercise its powers U/s 91 Cr.P.C. in the expediency of getting the answers of all the sub-points of point no. 6 with no clubbing between each other.
b. It is to be taken into kind notice that the mere wish of the wife must not fall as a burden over the husband that finally leads into extorting money from him.
c. The applicant prays that this application may be given priority and henceforth true justice.
I, Sri ________ (husband’s name) son of ________ , aged about XX years, by religion – _____ , by occupation XXX, presently residing at xyz,, , xyz, Pin-ABCXXX, _state, P.S.- ______do hereby solemnly affirm state and declare as follows:
- That I am the OP/husband of this instant case and well conversant with the facts and circumstances of the case.
That all the facts, figures and circumstances and contents of the foregoing paragraphs 1 to 6 are true to the best of my knowledge and belief and the remaining are my humble submission made before this Learned Court.
Prepared by me.
Is known to me.