Sample petition u/s 91 of the crpc

This is a sample application of 91 CrPC.  You may have to slightly modify this based on your case

whether it is for DV or maintenance case u/s 125 CrPC e.t.c.  You need to fill the name, bank and employer details.

                                                     IN THE COURT OF ____ A.C.M.M., DELHI

Name of the Petitioner   ……….. Petitioner

    Versus

Name of the Accused    ……….. Accused/(Respondent in case of CMis)

                                           Application U/s 91 of the Code of Criminal Procedure.

The Respondent(s) above named submits as follows:

1. The Petitioner has filed an application under the
 provision _______ (may be D.V/CrPC 125/HMA) by making false allegations.

2. The Petitioner is employed/working in ______ (name of the company).
 The petitioner has suppressed/not provided the salary/employment details.

3. That since the petitioner is claiming maintenance when she is having
 (high) income which she is not disclosing, hence the respondents seek
 the necessary orders from this Hon'ble Court for seeking summons
 for production of the documents from the relevant persons in custody of the same.

4. The documents sought to be summoned are essential and necessary
 to decide the dispute in the present petition.

5. The documents so sought to be summoned are:

Sl. No.      | Person from whom document          | Descripttion of document
                  | is sought to be summoned               | sought to be summoned
=================================================================
a.               | Branch Manager                                  | Bank statement (for duration)
                  | Bank name & Address                       | of Name/ Account number
------------------------------------------------------------------------------------------------------------------
b.               | Managing Director                              | Letter of Appointment of Wife
                  | Company Address                              | Entire payment including salary,
                  |                                                                 | bonus, perks, made to employee
                  |                                                                 | from begining till this day.
------------------------------------------------------------------------------------------------------------------

 In the interest of justice and equity.

Place:_________

Date:  _________                                                                              Advocate for Respondent.

Thanks Shiva for the response and the sample petition...

In some other thread , I have seen we can get the information of Employment/Bank Details under section S 151 CPC OR Section 254 (2) crpc .

So which would be appropriate section to get the Information ? U/s 91 of Crpc OR section S 151 CPC OR Section 254 (2) crpc . ???

Bit Confused...Please reply ASAP

Hi,

I do not know under which section the maintenance has been filed against you.

If the maintenance has been filed under Domestic Violence Act or u/s 125 CrPC, then you can ask for the bank and employer records of the wife u/s 91 CrPC.

I also request for other experts opinion.

Shiva ,

Maintainance has been filed under secton 24 of HMA...

Then Witness Summons have to be given and not 91 of CrPC

Dear Ld. Members,

Petition U/s 91 CrPC will be rejected in the intital stages,

if they are filed by party-in-person.

It is not so, if the application has merits, it would be accepted by courts.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

if the case is filed u/s 125 and23 . whether the wife can ask for the bank account and inc. tax return of all the members of the family

Dear shonee sir,                 

BOTH THE CASE CRPC 125 AND DV ACT 2005 FILED BY WIFE.

HUSBAND HAS FILED THE CASE OF CHILD CUSTODY FOR DUAGHTER

I am opponent husband.Some documents are with the applicant's wife office  such as pf number,pf statement.salary particulars  resume of applicant with address and qualification.

2.  further she has also sent the complaint to husband office which is also required either from that office or from the wife.

3. further bank statement of the wife where her salary is creding by her offixce where she is servicing

4  details of the total school fees which has been deposited by the wife for the daughter.

Kindly guide how to obtain these important documents because husband turns for leading the evidences has started.

Thanking you

Ramesh

Good to know that you have the details and you are fighting back

Did you file a petition seeking wife's employment details ?

did you seek summon of witness or did you file sec 91 Crpc petition ?

what is the outcome 

Please share, so that it would benefit other victims 

regards