Maintenance Petition under Section 125 CrPC

Introduction

Section 125 CrPC has, since 1973, been the most accessible maintenance remedy across communities. After Rajnesh v. Neha, (2021) 2 SCC 324, the drafting brief has been formalised: affidavits of assets and liabilities in the prescribed format are mandatory.

When to Use This Prompt

• Petitioner is a wife (including divorced, not remarried), minor child or aged/infirm parent unable to maintain herself.
• Respondent has sufficient means and has neglected or refused to maintain.
• Urgent interim maintenance is required pending final adjudication.
• Personal-law remedy is unavailable or slower.

Statutory & Case-Law Backdrop

Section 125 confers jurisdiction on the JMFC / Family Court. Standard is sufficient means and neglect/refusal. Rajnesh v. Neha laid down comprehensive guidelines: mandatory affidavits, criteria for quantum, enforcement under Section 421, and that maintenance ordinarily runs from the date of application.

The Prompt

Paste into ChatGPT, Claude or Gemini. Replace every bracketed placeholder with your specific facts before generating.

Draft a petition under Section 125 of the CrPC before the Family Court / Magistrate at [PLACE].

Petitioner: [NAME, RELATIONSHIP — wife/minor child/parent]
Respondent: [NAME, OCCUPATION, ADDRESS]
Date of marriage / parentage: [DATE]
Reasons petitioner cannot maintain herself: [DETAILS]
Respondent's income and assets: [DETAILS]
Quantum sought: Rs. [AMOUNT] per month + interim maintenance pending disposal

Structure: cause title, jurisdiction, factual matrix, neglect/refusal, financial details per Rajnesh v. Neha guidelines, prayer for interim and final maintenance, costs. Annex affidavits of assets and liabilities in Rajnesh format.

Anatomy of the Draft

Why the prompt is built the way it is — section by section.

Common Mistakes to Avoid

• ×Filing without the Rajnesh affidavit.
• ×Quantum without break-down into reasonable monthly needs.
• ×Forgetting to claim litigation expenses and costs.
• ×Mis-pleading jurisdiction where parties moved post-separation.
• ×Treating Section 125 as a substitute rather than supplement to HMA/SMA proceedings.

Frequently Asked Questions

Final Thoughts

A Section 125 petition that pleads jurisdiction crisply, lays out financials in Rajnesh format, and asks for interim relief on first listing is the modern standard.