PETITION FOR ALIMONY PENDING THE SUIT
In the (High) Court of ………………………………………….
B. against B.
To the Hon’ble Mr. Justice……………….. or To the Judge of ……..
The …….day of 19 …..
The petition of C.B., the lawful …..wife of A.B.
1. That the said A.B. has for some years carried on the business of ……, at, ………… and from such business derives the net annual income of from Rs. 4.000 to 5,000.
2. That the said A.B. is possessed of plate, furniture, linen and other effects at his said house, ….. aforesaid, all of which he acquired in right of your petitioner as his wife, or purchased with money he acquired through her, of the value of Rs. 10,000.
3. That the said A.B. is entitled, under the Will of his father, subject to the life interest of his mother therein to property of the value of Rs. 5,000 or some other considerable amount.
Your petitioner, therefore, prays that this (Hon’ble) Court will decree such sum or sums of money by way of alimony, pending the suit, as to this (Hon’ble) Court may seem meet.
Form of Verification: See No. 1
STATEMENT IN ANSWER TO ALIMONY PENDING
In the (High) Court of ……..
B. against B.
A.B. of ……., the above-mentioned respondent, in answer …… to the petition for alimony, pending the suit, of C.B., says-
1. In answer to the first paragraph of the said petition, I say that I have for the last three years carried, on the business of ……, at ….. and that, from such business, I have derived a net annual income of Rs. 900, but less than Rs. 1,000.
2. In answer to the second paragraph of the said petition, I say, that I am possessed of plate, furniture, linen and other chattels and effects at my said house …………………………….. … aforesaid, of the value of Rs. 7, 000 but as I verify believe of no larger value. And I say that a portion of the said plate, furniture and other chattels and effects of value of Rs. 1,500, belonged to my said wife before our marriage, but the remaining portions thereof I have since purchased with my own monies. And I say that, save as thereinbefore set forth, I am not possessed of the plate and other effects as alleged in the said paragraph in the said petition, and that I did not acquire the same as in the said petition also mentioned.
3. I admit that I am entitled under the Will of my father, subject to the life- interest of my mother therein, to property of the value of Rs. 5,000, that is to say, I shall be entitled under my said father’s Will, upon the death of my mother, to a legacy of Rs. 7,000, out of which I shall, have to pay to my father’s executors the sum of Rs. 2, 000 the amount of a debt owing by me to his estate, and upon which debt I am now paying interest at the rate of five per cent per annum.
4. And, in further answer to the said petition, I say that I have no income whatever except that derived from my aforesaid business, that such income, since my said wife left me, which she did on the ….day of ….last, has been considerably diminished, and that such diminution is likely to continue . And I say that out of my said income I have to pay the annual sum of Rs. 100 for such interest as aforesaid to my late father’s executors, and also to support myself and my two eldest children.
5. And, in further answer to the said petition, I say that, when my wife left my dwelling house on the ……day of ……. last, she took with her, and has ever since withheld and still withholds from me, plate, watches, and other effects in the second paragraph of this my answer mentioned, of the value of, as I verily believe, Rs. 800 at the least; and I also sathat, within five days of her departure from my house as aforesaid, my said wife received bills due to me from certain lodgers of mine, amounting in the aggregate to Rs ……. and that she has ever since withheld and still withholds from me the same sum.