How to file a maintenance case under section 125 of the Criminal Procedure Code (CrPC) in India,

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To file a maintenance case under section 125 of the Criminal Procedure Code (CrPC) in India, you can follow the below-mentioned steps:

Find out if you are eligible to file a maintenance case: According to Section 125 of the CrPC, a wife, children, and parents (if they are unable to maintain themselves) can file a maintenance case against the husband, father, or son, respectively.

Hire a lawyer: It is advisable to hire a lawyer who has experience in handling maintenance cases. The lawyer will help you in drafting and filing the petition.

Prepare the petition: The petition must contain the following details:

1-The name and address of the person against whom the maintenance is sought

2-The relationship of the petitioner with the person

3-The reason why the petitioner is unable to maintain himself/herself

4-The amount of maintenance sought

5-Any other relevant details

File the petition: The petition should be filed in the court that has jurisdiction over the area where the petitioner resides or where the person against whom the maintenance is sought resides.

Pay the court fees: The court fees for filing a maintenance case vary from state to state. You should pay the requisite court fees at the time of filing the petition.

Attend the court hearings: After the petition is filed, the court will issue notice to the person against whom the maintenance is sought. The court will conduct hearings and decide on the maintenance amount based on the evidence produced.

It is important to note that the process of filing a maintenance case can vary slightly from state to state. Therefore, it is advisable to consult a lawyer who is well-versed with the local laws and procedures.

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