IN THE COURT CHIEF JUDICIAL MAGISTRATE, U.T.

,
CHANDIGARH
Maintenance application no____________of
2018

1. Mrs Upasana Tejpal aged 32 years wife of Sh Ashish Bhanot D/o

Sh Sharda Kumar Tejpal
2. Aarna Bhanot, minor aged 5 years D/o Ashish Bhanot through
her mother cum natural guardian Mrs Upasana Tejpal i.e.
Petitioner no. 1.
Both R/o House No.2901, Sector 42- C, Chandigarh.

……… Petitioners
VERSUS
Ashish Bhanot aged 36 years S/o Parvesh Mitra Bhanot R/o
House No 312 , Patel Nagar, Bhatinda (Punjab)

……….Respondent

PETITION U/s 125 Cr.P.C for Granting

Maintenance to the Petitioners

RESPECTFULLY SHOWETH:-

1. That the Petitioner no.1 and respondent are lawfully married

according to Hindu Vedic Rites. The marriage between Petitioner
no.1 and Respondent was solemnized on 13 December 2006. The
marriage has been Registered with the Registrar of Marriage.
Annexed herewith Annexure P-1
2. That Petitioner no.1 and Respondent are Hindus by religion
before the marriage and are Hindus after the marriage and thus
are governed by Hindu Marriage Act, 1955 as amended up to
date.
3. That after Solemnization of marriage both the parties lived and
cohabitated together as Husband and wife at Bhatinda alongwith
her in laws and thereafter shifted to Delhi as respondent was
doing Job in Delhi and the petitioner no.1 at the time when stayed
at bhatinda handed over her all ornaments and valuable articles
to the respondent and his parents. Thereafter Out of this wedlock
one female child is born on 13 September 2013 who is 5 years
(Approx) old i.e Petitioner no.2.
4. That after the marriage the respondent made demand of gold
bangles but the petitioner showed her inability to talk to her
parents in this regard as the parents of the petitioner no.1 had
already spent a huge amount upon the marriage of the petitioner
no.1. Then the behavior of respondent started changing and the
petitioner no.1 had been harassed by the respondent.
5. That the behavior of the respondent was so rude that all the
household work including cooking was to be done by the
petitioner no.1 herself and the respondent was not giving any
help to the petitioner no.1 in her work. The petitioner no.1 was
tortured by the respondent mentally as well as physically. The
respondent used to taunt the petitioner no.1 before his friends
and family. That the respondent always pressurizes the petitioner
no.1 to bring more dowry and on refusal of the petitioner no.1 the
respondent used to beat the petitioner no.1 on false allegations
regarding misplacing of his documents etc.
1. That after some time the respondent used to level false
allegations regarding the character of the petitioner no.1. On
16.03.2018 the Respondent told that he do not want to live with
the petitioners as the petitioner no.1 is not of the standard of the
respondent and left the matrimonial house leaving behind the
petitioner no.1 and her Child alone i.e. petitioner no.2. The
respondent made a complaint against the respondent dated
16.03.2018. Copy is annexed herewith as P-2

6. That the respondent also tried to strangulate the petitioner no.1,

when the petitioners were staying at above mentioned house
with respondent but after the respondent left petitioners and
moved in Australia for job.
7. That the respondent has made the life of petitioners hell, in order
to fulfill their day to day needs the petitioner no.1 is searching
jobs in Delhi but failed to get any Job and as respondent never
gave sufficient amount to the petitioners they fell short of money
each and every month as per their standards of lifestyle and
Status.
8. That the minor daughter i.e. petitioner no.2 is about 5 years old,
now studying in KG Standard. The Respondent has not paid
sufficient amount for the maintenance of her child since he left
abroad.
9. That the petitioner no.1 is unemployed and has no source of income
to maintain herself and her child and the monthly expenses of the
petitioner are as under
(a) House Expenses - Rs.30,000/-
(b) Study Expenses, Books - Rs.25,000/-
tutions
 (c) Food, Clothes, Medical - Rs 25000/-
Expenditure
(d) Conveyance, Travelling - Rs 25000/-
And Misc. Expenses ___________
TOTAL = 100000/-

10. That the petitioners were forced to file the present petition on
account of the above mentioned facts and circumstances so the
petitioners are also entitled to Rs 75,000 as litigation expenses
from the respondent.
11. That the respondent has sufficient means to maintain the
petitioners. The respondent is now doing Job in NIIT Technologies
Pvt Ltd , Melbourne, Australia and is earning upto 5,00,000/- Rs
and also working in ISE software Consultancy in drawing amount
of Rs 1,60,000/- as on Today i.e. at present. Copy of Salary
certificate are annexed as annexures P-3 & P-5.
12. That this Hon’ble Court has jurisdiction to adjudicate upon the
present petition since the petitioners are now residing at House
No. House No.2901, Sector 42-C , Chandigarh with heir parents
and same comes under the jurisdiction of this Hon’ble Court
13. That no such or similar petition is earlier filed before this Hon’ble
Court or any other court of law .
14. That the requisite court fee of Rs. _______ is affixed on the petition
for the purpose of court fee and jurisdiction

It is, therefore respectfully prayed that the

Respondent may be directed to pay Rs. 100000/-
per month as maintenance on account of the
maintenance of petitioners from the date of
petition till the decision of present petition and
Rs. 75,000/- on account of litigation expenses in
the interest of justice.

…Petitioners

Through Counsel

Date :
Chandigarh
(SUDESH KUMAR PANDEY)
Advocates
 Verification ; Verified that the contents of para no. 1 to 13 & 15
of the petition are true and correct to my knowledge and para no.
14 & 16 of the petition are correct to my belief. Nothing has
been concealed therein.
…Petitioners

IN THE COURT CHIEF JUDICIAL MAGISTRATE, U.T.,

CHANDIGARH

Maintenance application no____________of

2018

1. Mrs Upasana Tejpal aged 32 years wife of Sh Ashish Bhanot D/o

Sh Sharda Kumar Tejpal
2. Aarna Bhanot, minor aged 5 years D/o Ashish Bhanot through
her mother cum natural guardian Mrs Upasana Tejpal i.e.
Petitioner no. 1.
Both R/o House No.2901, Sector 42- C, Chandigarh.

……… Petitioners
VERSUS

Ashish Bhanot aged 36 years S/o Parvesh Mitra Bhanot R/o

House No 312 , Patel Nagar, Bhatinda (Punjab)
……….Respondent

AFFIDAVIT

I, Mrs Upasana Tejpal aged 32 years wife of Ashish Bhanot

D/o Sh. Sharda Kumar Tejpal R/o House No.2901, Sector 42- C,
Chandigarh do hereby solemnly affirm and declare as under:-

2. That the Petitioner no.1 and respondent are lawfully married

according to Hindu Vedic Rites. The marriage between Petitioner
no.1 and Respondent was solemnized on 13 December 2006. The
marriage has been Registered with the Registrar of Marriage.
Annexed herewith Annexure P-1

3. That Petitioner no.1 and Respondent are Hindus by religion

before the marriage and are Hindus after the marriage and thus
 are governed by Hindu Marriage Act, 1955 as amended up to
date.

4. That after Solemnization of marriage both the parties lived and

cohabitated together as Husband and wife at Bhatinda alongwith
her in laws and thereafter shifted to Delhi as respondent was
doing Job in Delhi and the petitioner no.1 at the time when stayed
at bhatinda handed over her all ornaments and valuable articles
to the respondent and his parents. Thereafter Out of this wedlock
one female child is born on 13 September 2013 who is 5 years
(Approx) old i.e Petitioner no.2.

5. That after the marriage the respondent made demand of gold

bangles but the petitioner showed her inability to talk to her
parents in this regard as the parents of the petitioner no.1 had
already spent a huge amount upon the marriage of the petitioner
no.1. Then the behavior of respondent started changing and the
petitioner no.1 had been harassed by the respondent.

6. That the behavior of the respondent was so rude that all the
household work including cooking was to be done by the
petitioner no.1 herself and the respondent was not giving any
help to the petitioner no.1 in her work. The petitioner no.1 was
tortured by the respondent mentally as well as physically. The
respondent used to taunt the petitioner no.1 before his friends
and family. That the respondent always pressurizes the petitioner
no.1 to bring more dowry and on refusal of the petitioner no.1 the
respondent used to beat the petitioner no.1 on false allegations
regarding misplacing of his documents etc.

7. That after some time the respondent used to level false

allegations regarding the character of the petitioner no.1. In
16.03.2018 the Respondent told that he do not want to live with
the petitioners as the petitioner no.1 is not of the standard of the
respondent and left the matrimonial house leaving behind the
petitioner no.1 and her Child alone i.e. petitioner no.2. The
respondent made a complaint against the respondent dated
16.03.2018. Copy is annexed herewith as P-2.

8. That the respondent also tried to strangulate the petitioner no.1,

when the petitioners were staying at above mentioned house
 with respondent but after the respondent left petitioners and
moved in Australia for job.

9. That the respondent has made the life of petitioners hell, in order
to fulfill their day to day needs the petitioner no.1 is searching
jobs in Delhi but failed to get any Job and as respondent never
gave sufficient amount to the petitioners they fell short of money
each and every month as per their standards of lifestyle and
Status.

10. That the minor daughter i.e. petitioner no.2 is about 5 years old,
now studying in KG Standard. The Respondent has not paid
sufficient amount for the maintenance of her child since he left
abroad.

11. That the petitioner no.1 is unemployed and has no source of income
to maintain herself and her child and the monthly expenses of the
petitioner are as under

(e) House Expenses - Rs.30,000/-

(f) Study Expenses, Books - Rs.25,000/-
tutions
(g) Food, Clothes, Medical - Rs 25000/-
Expenditure
(h) Conveyance, Travelling - Rs 25000/-
And Misc. Expenses ___________
TOTAL = 100000/-

12. That the petitioners were forced to file the present petition on
account of the above mentioned facts and circumstances so the
petitioners are also entitled to Rs 75,000 as litigation expenses
from the respondent.

13. That the respondent has sufficient means to maintain the

petitioners. The respondent is now doing Job in NIIT Technologies
Pvt Ltd , Melbourne, Australia and is earning upto 5,00,000/- Rs
as on Today i.e. at present. Copy of Salary certificate are
annexed as annexures P-3 & P-5.

14. That this Hon’ble Court has jurisdiction to adjudicate upon the
present petition since the petitioners are now residing at House
 No. House No.2901, Sector 42-C , Chandigarh with heir parents
and same comes under the jurisdiction of this Hon’ble Court

15. That no such or similar petition is earlier filed before this Hon’ble
Court or any other court of law .

16. That the requisite court fee of Rs. _______ is affixed on the petition
for the purpose of court fee and jurisdiction

Dated: _________

Chandigarh …Deponent

Verification : Verified that the contents of above affidavit of mine are

true and correct to my knowledge. No part of it is false and nothing has
been concealed therein.

Dated: _________ …Deponent

IN THE COURT CHIEF JUDICIAL MAGISTRATE, U.T.,

CHANDIGARH
Maintenance application no____________of
2018

1. Mrs Upasana Tejpal aged 32 years wife of Sh Ashish Bhanot D/o

Sh Sharda Kumar Tejpal
2. Aarna Bhanot, minor aged 5 years D/o Ashish Bhanot through
her mother cum natural guardian Mrs Upasana Tejpal i.e.
Petitioner no. 1.
Both R/o House No.2901, Sector 42- C, Chandigarh.

……… Petitioners
VERSUS

Ashish Bhanot aged 36 years S/o Parvesh Mitra Bhanot R/o

House No 312 , Patel Nagar, Bhatinda (Punjab)

……….Respondent

Application under section 125 (3) of the

code of Criminal Procedure with the prayer
to grant interim maintenance during the
pendency of the main petition

Respectfully Sheweth:
1. That the petitioners have filed a petition under section 125 for
grant of maintenance under Code of Criminal Procedure along
with the present application before this Hon’ble court.

2. That the grounds mentioned in the main petition may kindly be

read as part and parcel of the present application as the same
has not been reproduced to avoid repetition of the same.

3. That as per the grounds setup in the main petition, there is prima
facie case in favour of the petitioners and against the respondent.
And in case, interim maintenance is not granted in favour of the
petitioners, in that eventuality, they will suffer great hardship in
meeting their day to day expenses as already submitted that
they have now totally become dependent upon their father/grand
father. The petitioners have no independent source of income
and the respondent has sufficient source of income to maintain
her as well as the petitioners. It is pertinent to mention here that
after the petitioners were forced to live without respondent in
the house of the respondent, he has even not cared to have any
amicable settlement and has not given sufficient amount to the
petitioners for their maintenance as per their standards of living
status and life style, as such the respondent has breached the
obligatory marital duties and obligations to maintain the
petitioners.

It is, therefore, most respectfully prayed that

the application may kindly be allowed and
respondent be directed to pay a sum of Rs 25,000/-
each to the petitioners as interim maintenance from
the date of filing of the application till its decision on
merits.

The respondent be also directed to pay

litigation expenses of the present petition to the
petitioners.

…Petitioners
Through Counsel

Date :
Chandigarh
(SUDESH KUMAR PANDEY)
Advocate
 IN THE COURT CHIEF JUDICIAL MAGISTRATE, U.T.,
CHANDIGARH
Maintenance application no____________of
2018

1. Mrs Upasana Tejpal aged 32 years wife of Sh Ashish Bhanot D/o

Sh Sharda Kumar Tejpal
2. Aarna Bhanot, minor aged 5 years D/o Ashish Bhanot through
her mother cum natural guardian Mrs Upasana Tejpal i.e.
Petitioner no. 1.
Both R/o House No.2901, Sector 42- C, Chandigarh.

……… Petitioners
VERSUS

Ashish Bhanot aged 36 years S/o Parvesh Mitra Bhanot R/o

House No 312 , Patel Nagar, Bhatinda (Punjab)

……….Respondent
AFFIDAVIT
 I, Mrs Upasana Tejpal aged 32 years wife of Ashish Bhanot
D/o Sh. Sharda Kumar Tejpal R/o House No.2901, Sector 42- C,
Chandigarh do hereby solemnly affirm and declare as under:-

1. That the petitioners have filed a petition under section 125 for
grant of maintenance under Code of Criminal Procedure along
with the present application before this Hon’ble court.

2. That the grounds mentioned in the main petition may kindly be

read as part and parcel of the present application as the same
has not been reproduced to avoid repetition of the same.

3. That as per the grounds setup in the main petition, there is prima
facie case in favour of the petitioners and against the respondent.
And in case, interim maintenance is not granted in favour of the
petitioners, in that eventuality, they will suffer great hardship in
meeting their day to day expenses as already submitted that
they have now totally become dependent upon their father/grand
father. The petitioners have no independent source of income
and the respondent has sufficient source of income to maintain
her as well as the petitioners. It is pertinent to mention here that
after the petitioners were forced to live without respondent in
the house of the respondent, he has even not cared to have any
amicable settlement and has not given sufficient amount to the
petitioners for their maintenance as per their standards of living
status and life style, as such the respondent has breached the
obligatory marital duties and obligations to maintain the
petitioners.

4. It is, therefore, most respectfully prayed that the application may

kindly be allowed and respondent be directed to pay a sum of Rs
25,000/- each to the petitioners as interim maintenance from the
date of filing of the application till its decision on merits.

5. The respondent be also directed to pay litigation expenses of the

present petition to the petitioners.

Dated: _________
Chandigarh …Deponent

Verification : Verified that the contents of above affidavit of

mine are true and correct to my knowledge. No part of it is false
and nothing has been concealed therein.
 Dated: _________ …Deponent

POWER OF ATTORNEY

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE,

CHANDIGARH
UPASANA TEJPAL
...Petitioner(s)/Appellant(s)/Plaintiff/Defendant

VERSUS

ASHISH BHANOT
...Defendant/Respondent(s)/Plaintiff

KNOW ALL to whom these present shall come that I / We the undersigned
appoint SH SUDESH KUMAR PANDEY to be the Advocate for the
PETITIONERS in the above mentioned case to do all the following acts, deeds
all things or any of them that is to say:-

1. To act, appear and plead in the above-noted case in this court or in any other
Court in which the same may be tried or heard in the first instance in appeal,
Letters Patent Appeal, Review, Revision, Execution or in any other stage of its
progress until its final decision.
2. To present sign & verify pleadings, appeals, Letters Patent Appeals, Cross-
Objections or Petitions, Execution Review, Revision, Withdrawal, Compromise,
Other Petitions, Affidavits, Other Documents as shall be deemed necessary or
devisable for the prosecution of the said case in all its stages.
3. To withdraw or compromise the said case or submit to arbitration any
differences or dispute that shall arise touching or in any manner relating to
the said cause.
4. To deposit, draw and receive moneys and grant receipts thereof by way of
costs, refund or balance of security and other miscellaneous expanses from
court or parties and to do all other acts and things which may be necessary
to be done for the progress and in the course of the prosecution of the said
case.
5. To employ any other Advocate authorize him to exercise the power and
authorities and to confer upon such advocate, whenever he may thing fit to
do so.
And I/We hereby agree to ratify whatever the Advocate or his substitute shall
do in the premises and in this connection.
And I/We hereby agree not to hold the Advocate or his substitute responsible
for the result of the said case in consequences of his absence from the Court when
the said case is called up for hearing.
And I/We hereby agree not to hold the Advocate responsible for not
intimating the date of hearing of the case & for not applying any certified copy of
the Judgement on the decision of the case.
And I/We hereby agree that the Advocate will not be bound to appear for us if
the case is transferred to any other Court or the Court sits at any place other than
its normal place of sitting and if any application or Petition is to be filed in the case,
the Advocate will be entitled to fresh free as paid in the case.
And I/We hereby agree that in the event of the whole or any part of the fee
agreed by me/us to be paid to the Advocate remaining unpaid, he shall be entitled
to withdraw from the prosecution from the said cause until the same is paid.
IN WITNESS WHERE OF I/We hereunder set my/our hands of these presents
the contents of which have been explained to and understood by me/us this the
________ day of June, 2018.
ACCEPTED

(SUDESH KUMAR PANDEY) (Signature or Thumb

Impression of the Clients)

Advocate