Sunday, February 8, 2015

Sampl CrPC91 petition. Delete d un-necessary. Share thoughts & success stories on the blog

This is a sample CrPC 91 petition shared by some husbands. Please consider this as work in progress and contribute to improve this. I am particularly NOT happy with para # 3 to # 5. I feel we should add more strength to the "need for " seeking these documents;  all inputs / comments / critique is gratefully acknowledged 

I. Keep the list of what is required to a reasonable level . DO NOT ask for 20 different things and do NOT ask things NOT connected directly to the case

II. Courts may NOT accept Sec 91 CrPC petition before filing of charges. there are case laws to that effect. So IF you are making this BEFORE filing of charges, please make it very clear to the court that the proof is required because of such and such and such fact / proof that will change the very nature of the charge [ example, A says B committed a murder at chennai on 01 Jan 2014; However B was at a particular office / bank at Mumbai ; so seeking attendance records or CCTV records will change the entire case]





BEFORE THE HONORABLE JUDGE ______ JM/ JMFC, _______ (city )


Misc. Cri. A. No.  _____ # / __ year                           F.F.                     


APPLICANT                  Mrs. ______________ (wife)


v /s


NON APPLICANT               Mr. ______________ (husband)





The above named Non Applicant No. 1, most humbly submits as follows :


1. That, the above mentioned application, is fixed for hearing today.


2. The Petitioner / Applicant has filed an application under Section _____________ of _________ Act _________(this may be 498a / D.V / CrPC 125 /  etc)  by making false allegations.


Alternative 1


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


4. That since the petitioner / applicant is claiming maintenance when she is having (high) income which she is not disclosing, hence the respondents / non applicants 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.


alternative 2


3. The Petitioner / applicant is has claimed to have paid __________ as dowry during the marriage of her daughter which is patently false


4. Since the petitioner / applicant is falsely claiming to have paid dowry, approaching the court with unclean hands and an ulterior motive of misusing the powers of the court, when in reality NO DOWRY was paid, the respondents / non applicants seek necessary orders from this Hon'ble Court summoning production of documents from relevant persons in custody of the same.


5. The documents sought to be summoned are essential to appreciate the facts and administer justice


6. The documents so sought to be summoned are (choose only those applicable for you !! ) :


a. _______ Bank Statement (Account No. _________ )

b. _______ Bank Statement (Account No. _________ )

c. Income Tax Returns Filed by Applicant in F.Y. ______

d. Original Form 16 submitted by Applicant

e. Degree Certificate of Applicant

f.  Experience Certificate issued to Applicant by ______ (wife's employer)

g. Resignation letter sent by A1 to _________ (wife's resignation)

h. Oral Statement recorded by ______ (father in law) & Mrs. ______ (mother in law) , ___________ (others) , ____________ (other witnesses) administered on oath in front of the ______ police / learned magistrate.

i. Medical Bills submitted by applicant  

j. Medical records pertaining to pregnancy of ______ (wife)

k. Rent Receipts submitted by applicant

l.  Passport application made by applicant for procurement of passport

m. Housing Loan Agreement signed by applicant with _______________ (bank / housing finance company)

n. House purchase agreement made between Sirsikar Builders & Mrs. Archana Sirsikar & Ms. Rupali Sirsikar for purchase of the current residence.




It is therefore most respectfully & humbly prayed that this honourable court may kindly be pleased to pass necessary orders, as it may deem fit and proper by it in the interest of justice.



Place   : _______



Date    : _______                                          _____________________________

                                                                         Respondent / Non Applicant




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