Application format to modify interim order passed under 125 CrPC

Application format to modify interim order passed under 125 CrPC

IN THE COURT OF HON’BLE PRINCIPAL FAMILY JUDGE, (jurisdiction)

Case No. of Year

Humble application u/s 127(1) of CrPC for modifying/setting aside the order dated ______

Hon’ble Sir,

It is most respectfully submitted that:-

1. That the marriage between the parties was solemnized on ______ in accordance to Hindu rites, rituals and ceremonies at _____.

2. That the petitioner and the respondent have been living separately since ______.

3. That the respondent had filed a Case No.____ / ____, under sec 125 CrPC in the court of ____________.

4. That the Hon’ble court was pleased to grant an interim maintenance of Rs. ______/- vide order dated _________ in favor of the respondent in the effect of maontly maintenance. Copy of the order dated ____ is attached herewith and marked as annexure – 1 to this application.

5. That the petitioner has been paying the interim maintenance to the respondent and has been abiding with order of this court.

6. That the petitioner submits that with the reference arrears, the sum has been paid in 3 installments. The documentary proof in support of the payment is attached herewith and marked as annexurer – 2 to this application.

7. That the petitioner has a pre-existing liability of Home Loan from (______Bank) for a contingent property in Kanpur at (_______ Address), prior to the marriage. Copy of loan schedule is attached herewith and marked as annexure – 3 to this application.

8. That the petitioner now has lost job and is currently looking for a suitable job for lost 3 months but to no avail. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events.

9. That the material change in circumstances has occurred which give the justification and ground for filing the present application and in these circumstances, principle of natural justice, equity, good conscience, fair trial and fair play in action demand that the material facts should be considered and appreciated while adjudicating upon the application for interim maintenance u/s 125(3) of CrPC to meet the end of justice and the order dated _________ may be varied, modified and reversed.

10. That the respondent has obtained and received the financial gain, advantage and benefits for a sum of (arrears) and monthly payments of Rs. ____ per month.

11. That the petitioner is finding it extremely difficult to make both his ends meet since he now has huge burden of liability which needs to remitted to the financial institutions and also to the respondent and it is a double burden for him, apart from managing his own financial liability.

12. That the petitioner submits that he is ready to pay the amount of maintenance as would be decided as a result of the arguments for interim maintenance and craves a stay on the interim order which was passed in favor of the respondent.

13. That the payment of interim maintenance would lead the petitioner to face grave injustice and financial hardships since he would be under a double burden to pay to the financial institutions and to the respondent.

14. That the continuation of order dated _____ may cause grave prejudice to the interest of petitioner.

Prayer

Under the facts and circumstances as enumerated above, it is most respectfully prayed from the Hon’ble court may be pleased to varied, modify, quash and set aside the order dated _____ and stay the operation of the order dated ______ till the final disposal of the application on merits.

Applicant

Date:

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