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IN THE HON’BLE FAMILY COURT AT BANDRA, AT MUMBAI

MISC. APPLICATION NO. ___________ OF 2015

Mrs. Madhuri Sandeep Mishra, )

Age: ____ Yrs., Occupation: House wife )

Having her address at )

Room No. _____, K. T. Tiwari Chawl, )

Tilak Nagar, Sakinaka, Andheri (East), )

Mumbai- 400 072 )……Petitioner

VERSUS

Mr. Sandeep Shivnath Mishra, )

Age: ____ Yrs., Occupation: Business )

Having his address at )

Flat No. 406, Cas Blanka Sky Line Osis, )

Vidya Vihar (West), Mumbai - 400 086 )……Respondent

APPLICATION FOR MAINTENANCE BY

MAY IT PLEASE YOUR HONOUR:

I, Mrs. Madhuri Sandeep Mishra, age: ___ years, Indian

Inhabitant, the Petitioner above named, do hereby solemnly affirm and

state as under:-
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1. The Petitioner states that the Petitioner in the aforesaid Petition is

the wife of Respondent herein and she had filed the said Petition

under Section 125 of Code of Criminal Procedure, 1973 against the

Respondent for the maintenance before the Hon’ble Court.

2. The Petitioner states that she got married with the Respondent i.e.

Mr. Sandeep Shivnath Mishra on 19 th April, 2000 as per Hindu

Vedic Rites & traditions in presence of family members, relatives as

well as friends at Village: Lathiya Chauri, District: Bhadohi, State

of Uttar Pradesh. The Petitioner states that the said marriage is an

arrange marriage and it is not registered marriage. Therefore the

Petitioner has not filed Marriage Certificate before the Hon’ble

Court.

3. The Petitioner states that after some months of the Marriage the

family members of Mr. Sandeep Shivnath Mishra started showing

their true colours and started harassing to petitioner herein.

4. The Petitioner states that she had tolerated all the cruel and

inhuman acts committed by Mr. Sandeep Shivnath Mishra only on

the hope that he will realize his mistake one day but unfortunately

that day never come.

5. The Petitioner states that when she found that her in-laws as well

as her husband Respondent herein crossed all the limitations then

she was not left any option other than to approach the Ld.

Metropolitan Magistrate’s 66th Court, Andheri under the provision

of Protection of Women from domestic violence Act, 2005 bearing

C. C. No. 231/DV/2014 which is still pending.

6. The Petitioner states that the Respondent has treated her with

great cruelty; they did not provide food to her. She was not allowed

to go outside the house. The Respondent and her family members

used to confine her in the room by locking the door and because of

his constant demand of dowry and with his physical and mental

harassment the Petitioner was driven out of the matrimonial home

on 23/01/2010 but due to typographical mistake it was shown in

D.V. Matter 2005 at night, she was assaulted by fist and blow by

the Respondent and threatened to leave her matrimonial home and

they forcibly drove her out of her matrimonial home, since then

she was forced to live with her parents ’s home situated at Andheri

(East), Sakinaka, Mumbai-400 072.

7. The Petitioner had tried her level best to convince the Respondents

and her all efforts are in vain, even she had asked several times to

the Respondent for the Maintenance but Respondent used to avoid

her.

8. The Petitioner states that the Respondent had intentionally filed

the Petition for Restitution of conjugal right before the Hon’ble

Family Court with ulterior motives and failed to approach with

clean hands, though he is knowing that he had played the game

with the Petitioner and because of which she was forced to reside

at her Parent’s home and she is ready and willing to reside with

the Respondent but the Respondent is least bothered about the

Petitioner thus had filed the Petition for restitution of conjugal

right to show that he would like to take her back but on the basis

of this Petition he wants to get divorce by showing that the

Petitioner is not ready an willing to reside with him so that it will

be easy for him to get divorce in his favour.

9. The Petitioner states that after driving out the Petitioner from her

matrimonial home, the Respondent has not cared to maintain her.

Though being a husband it is his duty to take care and maintain

the Petitioner who is living at the mercy of her Parent’s and her old
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aged parents are not in a position to take care of Petitioner.

Though she had filed DE. V. Matter but the same was not allowed

by Ld. M.M. and her Interim Application got rejected by Ld. MM

66th Court Andheri, Mumbai. The Copy of Order dated 20 th July,

2015 is annexed herewith and marked as Exhibit-A.

10. The Petitioner states that she is a Housewife and has no

source of income with which she can maintain herself. On the

other hand Respondent is a doing a business earning a handsome

amount of money about Rs. 50,000/- (Rupees Fifty Thousand

Only) per month and having sufficient room for his residence along

with his respective family and great hardship is caused to the

Petitioner in her maternal home. The Petitioner further states that

with an intention to suppress his income not a single document

filed by the Respondent in Ld. Metropolitan Magistrate’s Court at

Andheri. Though it is admitted by the Respondent that he is doing

a business and drawing a handsome salary.

11. The Petitioner states that the Respondent is in law bound to

maintain the Petitioner who is driven out of the matrimonial home

for no fault of hers.

12. The Petitioner states that she was forced to driven out from

the matrimonial home without any just and sufficient cause and

further the Respondent is not ready and willing to discharge his

statutory obligation to maintain the Petitioner.

13. The Petitioner states that she wholly dependent on her

parents, who are aged person. The Petitioner is also living on the

mercy of her parents, in spite of it her parent’s somehow manage

to her with their respective family & she does not have any

separate or independent source of income & further she have no

desire to remain dependant on her parents socially as well as

economically. The Petitioner states that her father was already

expired in the year 2005, leaving behind Petitioner, her mother,

who is suffering from various old age ailments, One Sister and

brothers who are unmarried and studying. Hence the Petitioner

find it more difficult to maintain herself.

14. The Petitioner states that because of constant harassment at

the hands of the Respondent, the Petitioner, went into depression

but neither the Respondent nor his family members visited to her

parental home even they were not bothered to ask the where about

of the Petitioner.

15. The Petitioner further states that one day because of

depression and mental agony she fell down from the steps at her

parental home and got injured, during her illness period the

Respondent was least bothered about her health and medical

treatment.

16. The Petitioner further states that Respondent and his family

members harassed to such an extent that the Petitioner has no

capacity to serve and earn the monies for a livelihood. She further

states that Respondent is the Primary person being the husband &

further liable to maintain her.

17. The Petitioner again states that the Respondent is doing a

business and drawing a handsome salary of more than Rs.

50,000/- per month and there is nobody in his family depends on

him, though his parents are doing business and earning handsome

money through their business.

18. The Petitioner states that after looking to the circumstances

under the prevailing situation she is entitled to have the monthly

maintenance of Rs. 10,000/- per month for herself and by way of

interim maintenance from the Respondent till the hearing and final

disposal of the main Petition filed by the Petitioner herein before

this Hon’ble Court against Respondent.

19. The Petitioner states that no prejudice of whatsoever nature

will be caused to the Respondent, if the direction of order for

payment of Interim Maintenance of Rs. 10,000/- Per month as

stated above and claimed by Petitioner passed by this Hon’ble

Court in her favour.

20. The Petitioner states that the prima facie the whole cause of

action for the relief herein under prayed is in favour of Petitioner

and in the Interest of Natural justice and equity the factor of

balance of convenience is also on her side.

21. In the circumstances above, the Petitioner humbly prays

that :

[a] That pending the hearing and final disposal of this Application, the

Respondent may be directed and ordered to pay interim maintenance of

Rs. 10,000/- per month till the final hearing and disposal of this

application.

[b] That the Respondent may be ordered and directed to provide to the

Applicant separate residence.

[c] That the Respondent may be ordered and directed to pay a sum of

Rs. 15,000/- as cost of this Application along with the cost of Petition

which was filed by Respondent before this Hon’ble Court for Restitution

of conjugal right.

[d] That the Respondent may be pleased to direct to pay the through

and fro to the Petitioner since she is not doing anything and living on the

mercy of her widow mother and used to travel to attend the proceeding

before this Hon’ble Court from Andheri to Bandra.

[e] That the other and further reliefs as may be deem fit and proper be

granted against the Respondent by this Hon’ble Court.

Mumbai,

Dated this 03rd September, 2015

(Mrs. Madhuri S. Mishra)

(Petitioner)

Explained & Identified by me

Advocate for Respondent

VERIFICATION

I, Mrs. Madhuri S. Mishra, age: ___ years, Indian Inhabitant, the

Respondent above named, do hereby solemnly affirm and state that

whatever is stated in the foregoing paragraphs of this Application is true

to my own knowledge & belief.

Solemnly affirmed at Mumbai )

This 03rd day of September, 2015 )

(Mrs. Madhuri S. Mishra)

(Respondent)

Identified by me,

(Mr.Arun S. Tiwari)

Advocate for the Petitioner

IN THE FAMILY COURT BANDRA, AT

M. A. NO. ___________/2015

Mrs. Madhuri Sandeep Mishra

……Petitioner

V/s

Mrs. Sandeep Shivnath Mishra

…… Respondent

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MAINTENANCE APPLICATION BY THE

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Dated 03rd day of September, 2015

Adv. Arun S. Tiwari

Advocate for the Petitioner

Mob: 9987980710