Precedent No. 65

 

AFFIDAVIT: IN SUPPORT OF PETITION

 

UNDER SECTION 125 OF THE CODE

 

OF CRIMINAL PROCEDURE, 1973^[1]

 

                IN THE COURT OF METROPOLITAN MAGISTRATE,……………

 

In

 

       Criminal Complaint No      ……………of 20………….            

 

 

Petitioners/Complainants:

 

Vs.

 

Respondent:

 

 

AFFIDAVIT of ……………… , D/o ……………………… , aged ……………… years,

 

     presently residing in………………………      

 

The deponent abovenamed solemnly declares and affirms as follows:—

 

1. That, I am petitioner No. 2 in the accompanying petition and I am fully conversant with the facts and circumstances of the case. I am competent to swear to this affidavit.

 

2. That, I am the natural mother of petitioner No. 1 and the respondent herein is her natural father.

 

 

3. That petitioner No. 1 is an infant girl of 2.5 months in my custody and care.

 

4. That, whatever I have stated in the accompanying petition under section 125 of the Code of Criminal Procedure, 1973, has been read over and explained to me

 

5. and I have understood the contents of the same, which are true and correct to my knowledge and information received. The same may kindly be read as a part of this affidavit to avoid repetition and for the sake of brevity.

 

 

6. The said petition has been drafted by my counsel under my instructions.

 

Sd./ Deponent.

 

Verification

 

Verified at………………………….. on this the…………………… day of………………. , 20              

that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom.

 

Sd./ Deponent.

 

Solemnly affirmed and signed before me by the deponent, who is personally
known to me, on this the……………………….. day of…………… ,20………………

 

 

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed under law.

[1]It is pertinent to mention here that, although, the provision regarding maintenance of certain categories of persons has been enshrined in the Code of Criminal Procedure, 1973, the right to maintenance is inherently and essentially a civil right. The intention of the legislature behind making the aforesaid exception is to enable the judiciary to deal with situations requiring urgent and immediate attention. Further, it is for this reason that the pattern, in relation to affidavits, would be the same as followed in civil litigation.