Define Complaint. Draft a Specimen Petition of Wife under Section 125, Cr. PC 1973 for Maintenance. Assume facts.

Complaint: Complaint under section 2(d) of the Code of Criminal Procedure, 1973 means any allegation made orally or in writing to a Magistrate, with a view of his taking action under this code that some person, whether known or unknown has committed an offence, but it does not include a police report. Complaint is the first document filed with the court by a person or entity claiming legal rights against another. The party filing the complaint is usually called the 'plaintiff' and the party against whom the complaint is filed is called the 'defendant' or 'defendants'. Complaints are pleadings and must be drafted carefully (usually by an attorney) to properly state the factual as well as legal basis for the claim. When the complaint is filed, the court clerk will issue a summons, which gives the name and file number of the lawsuit and the address of the attorney filing the complaint, and instructs the 'defendant' that he/she/it has a specific time to file an answer or other response. A copy of the complaint and the summons must be served on a 'defendant' before a response is required. SPECIMEN PETITION BY WIFE UNDER SECTION 125, Cr.P.C. 1973 FOR MAINTENANCE In the Court of .......... Judicial Magistrate 1st Class Case No. .......... under s. 125, Cr.P.C. Petitioner W (wife) .......... Daughter of .......... Village .......... Thana .......... Occupation .......... versus Opposite Party H (husband) .......... Son of .......... Village .......... Thana .......... Occupation .......... In the matter of petition for maintenance of petitioner W from the husband H under S.125, Cr.P.C. The humble petition of W (wife), the petitioner above-named Most respectfully Sheweth: Your petitioner W is the married wife of the opposite party. The marriage between them was solemnized according to the Hindu rites on .......... The opposite party H is a clerk on the staff of AB & Co. Ltd. holding a responsible position and drawing salary of ₹15,000 per month. The opposite party severely assaulted the petitioner on .......... and drove her away from the matrimonial house on .......... in presence of several gentlemen of the locality. That the opposite party leads a life of drunkenness, infidelity and debauchery. Besides, he is a man of uncertain temperament and would fly into rage without any reason whatsoever. He has lost all sense of decorum and would use extremely filthy language. Your petitioner after being driven out of the house by the opposite party came over to her father's place on the same day and has been staying at father's house with his family members. The opposite party was served with a pleader's notice to send your petitioner ₹2,000 every month for her maintenance but with no result. Having regard to the violent temper of H and his inhuman way of beating your petitioner she does not venture to go back to the place of the opposite party. Your petitioner, therefore, prays that Your Honour may be pleased to issue notice on the opposite party and after taking evidence of both sides be pleased to order the opposite party to pay the petitioner maintenance at the rate of ₹2000 per month. And your petitioner, as in duty bound, shall ever pray. I, W daughter of MN resident at .......... do hereby solemnly affirm and say as following: I am the petitioner above-named and I know the facts and circumstances of the case and I am able to depose thereto. The statements in the paragraphs 1, 2, 3, 4, 5 and 6 of the foregoing petition are true to my knowledge and that I have not suppressed any material fact. Solemnly affirmed by the said Mrs. Won the .......... day of .......... 2013 in the Court House at Calcutta Before me Notary