Draft of Petition by Wife for Enforcing Maintenance Allowance Ordered by Court under section 128, Cr PC

When a wife has been granted a maintenance allowance by a court under Section 125 of the Code of Criminal Procedure (CrPC) and the husband fails to make the payments, she can file a petition under Section 128 of the CrPC to enforce the court’s order. The petition should be filed in the appropriate court where the husband resides, and it should include evidence of the court’s order and the husband’s failure to comply with it. The wife can request the court to take steps to enforce the order, such as garnishing the husband’s wages or seizing his property.

Petition by Wife for Enforcing Maintenance Allowance Ordered by Court under section 128, Cr PC

In the matter of petition by the wife for enforcing the order as to the payment of maintenance
The humble petition of petitioner (wife) W Most Respectfully She with:

1. That the opposite party was ordered by Your Hon our by Order No……..dated……… passed in Case No. 365 to pay a monthly allowance of Rs. 850 to his wife, the petitioner.
2. That since the order the opposite party has not paid any money to the petitioner in terms of the aforesaid order or otherwise. A copy of the order which was furnished to the petitioner by the Learned Court is attached hereto.
3. Your petitioner prays that after issuing notice to the opposite party Your Honour may be pleased to enquire into the statements made in the petition and on being satisfied that they are true may be pleased to attach the properties of the opposite party mentioned in the Schedule hereunder for enforcing payment or in the alternative the Learned Court may be pleased to issue a warrant for the arrest of the opposite party and put him into prison for such a period as the Learned Court may deem proper.
4. And your petitioner, as in duty bound, shall ever pray.

The Schedule

All that pieces and parcels of land measuring 5 cottahs with two-storeyed building thereon being premises No………of…………..

Verification

I, W, daughter of MN and wife of H residing at………do hereby solemnly affirm and say as follows:

1. I am the petitioner above-named. I know the facts and circumstances of this case and I am able to depose thereto.
2. The statements in the foregoing petition are true to my knowledge and I have not suppressed any material fact.
3. Solemnly affirmed by the said W on……..at the Court House at Calcutta

Before me Notary/
Proper Officer