Complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 with application under Section 23 and supporting affidavits
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
0 of 171 blanks filled
IN THE MATTER OF:-
Complainant's name: APPLICANT / COMPLAINANT
VERSUS
Respondents' names: RESPONDENTS
PS – Police station
I N D E X
| S.NO. | PARTICULARS | PAGES |
|---|---|---|
| 1. | MEMO OF PARTIES. |
| 2. | COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 AND APPLICATION FOR ISSUANCE OF PROTECTION ORDERS UNDER SECTIONS 17, 18, 19, 20, 22 AND 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, WITH AFFIDAVIT. |
| 3. | LIST OF DOCUMENTS / ANNEXURES. |
| 4. | APPLICATION UNDER SECTION 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, WITH AFFIDAVIT. |
| 5. | VAKALATNAMA. |
PLACE: Place of filing (e.g., Delhi)COMPLAINANT
THROUGH
COUNSEL
DATED
IN THE COURT OF Name/designation of Magistrate court
District courts name COURTS, NEW DELHI
COMPLAINT NO. Complaint number OF Year of filing of the complaint
IN THE MATTER OF :-
Complainant's name: APPLICANT / COMPLAINANT
VERSUS
Respondents' names: RESPONDENTS
PS – Police station
MEMO OF PARTIES
MRS. Complainant's name
W/o Husband's name
D/o Complainant's father's name
R/o Complainant's address: APPLICANT
VERSUS
1. SH. Husband's name (Husband)
S/o Husband's father's name
2. SH. Father-in-law's name (Father-in-Law)
3. SMT. Mother-in-law's name (Mother-in-Law)
W/o Mother-in-law's husband's name
4. MR. Brother-in-law's name (Brother-in-Law)
S/o Brother-in-law's father's name
5. MS. Sister-in-law's name (Sister-in-Law)
D/o Sister-in-law's father's name
Respondents' address: RESPONDENTS
PLACE: Place of filing (e.g., Delhi)COMPLAINANT
THROUGH
ADVOCATES
DATED
IN THE COURT OF Name/designation of Magistrate court
District courts name COURTS, NEW DELHI
COMPLAINT NO. Complaint number OF Year of filing of the complaint
IN THE MATTER OF :-
MRS. Complainant's name
W/o Husband's name
D/o Complainant's father's name
R/o Complainant's address: APPLICANT
VERSUS
1. SH. Husband's name (Husband)
S/o Husband's father's name
2. SH. Father-in-law's name (Father-in-Law)
3. SMT. Mother-in-law's name (Mother-in-Law)
W/o Mother-in-law's husband's name
4. MR. Brother-in-law's name (Brother-in-Law)
S/o Brother-in-law's father's name
5. MS. Sister-in-law's name (Sister-in-Law)
D/o Sister-in-law's father's name
Respondents' address: RESPONDENTS
PS – Police station
COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 AND APPLICATION FOR ISSUANCE OF PROTECTION ORDERS UNDER SECTIONS 17, 18, 19, 20, 22 AND 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005.
MOST RESPECTFULLY SHOWETH:-
1.That the present application/complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is being filed by the aggrieved person for the first time before this Hon'ble Court.
2.That it is prayed that this Hon'ble Court may be pleased to take cognizance of the present application/complaint and pass any or all of the following orders as may be deemed necessary in the facts and circumstances of the case:
(i)Pass a residence order in respect of the shared household under Section 17
YES
(ii)Pass a protection order under Section 18
YES
(iii)Pass a residence order in respect of the shared household under Section 19
YES
(iv)Direct the Respondents to pay monetary relief under Sections 20, 22 and 23
YES
(v)Pass such other orders as this Hon'ble Court may deem fit and proper.
YES
3.ORDERS REQUIRED
(i)RIGHT TO RESIDE IN A SHARED HOUSEHOLD UNDER SECTION 17
YES
(ii)PROTECTION ORDERS UNDER SECTION 18:
(a)Prohibiting acts of domestic violence by granting an injunction restraining the Respondents from repeating or committing the acts of domestic violence alleged in the present application.
YES
(b)Prohibiting the Respondents from entering the school, college or workplace of the aggrieved person.
NA
(c)Prohibiting the Respondents from preventing the Complainant from proceeding to her place of employment.
NA
(d)Prohibiting the Respondents from entering the school or any other place attended by the child of the aggrieved person.
NA
(e)Prohibiting any form of communication by the Respondents with the aggrieved person.
YES
(f)Prohibiting the Respondents from alienating the assets.
YES
(g)Prohibiting the operation of the joint bank lockers/accounts of the husband of the Complainant as well as those of the Respondents, and permitting the aggrieved person to operate the same.
YES
(h)Directing the Respondents to stay away from the dependants, relatives or any other persons of the aggrieved person in order to prevent acts of violence.
YES
(iii)RESIDENCE ORDER UNDER SECTION 19
YES
(a)An order restraining the Respondents from alienating, disposing of or encumbering the shared household(s).
YES
(b)An order restraining the Respondents from forcefully vacating or dispossessing the Complainant from her matrimonial home.
YES
(c)Prohibiting any form of communication by the Respondents with the Complainant.
YES
(iv)MONETARY RELIEF UNDER SECTION 20
YES
(a)Medical expenses – amount claimed.
The aggrieved person was repeatedly tortured and physically assaulted by the Respondents, and the Respondents may accordingly be directed to pay an amount of ₹ Medical expenses amount (₹).
(b)Any other loss or physical or mental injury.
Included under the head above.
(c)The aggrieved person was mentally tortured and physically assaulted/beaten by the Respondents throughout the period she resided at the matrimonial home, for allegedly bringing insufficient dowry, for being asked to bring further dowry, and for not obtaining cash from her parents.
The Respondents may be directed to pay an additional sum of ₹ Additional damages amount (₹), in addition to the amounts claimed under the other heads.
(d)The total amount claimed is ₹ Monthly maintenance claimed (₹) per month as maintenance for the Complainant, and the Respondents may be directed to pay the same to the Complainant to meet the expenses of commuting, food and clothing, future school fees, tuition fees, college fees, personal expenses, children's curricular activity fees, medical expenses, entertainment expenses, festival expenses, etc.
(e)Any other amount by way of damages which this Hon'ble Court may deem fit to award in the facts and circumstances of the case.
YES
(v)CUSTODY ORDERS UNDER SECTION 21
NO
(vi)COMPENSATION ORDER UNDER SECTION 22
(a)In addition to the reliefs and maintenance mentioned above, the Respondents may be directed to pay an amount of ₹ Compensation amount claimed (₹) to the aggrieved person for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by them.
(b)Any other amount by way of compensation may also be awarded as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice, having regard to the facts stated in the present complaint.
4.It is humbly submitted that Smt. Complainant's name (hereinafter referred to as the "Complainant") was married to Sh. Husband's name under the Hindu Marriage Act, 1955, and as per Hindu rites and ceremonies, on Date of marriage (day)/Date of marriage (month)/Date of marriage (year) at Place of marriage.
5.That the present complaint of domestic violence has been filed by the Complainant against the atrocities committed upon her by the Respondents.
6.That the marriage between the Respondent No. 1 and the Applicant was solemnised on Date of marriage as per Hindu customs and ceremonies. According to the status of the parents of the Applicant, they gave gifts and dowry at the time of the marriage. When the Applicant returned to the matrimonial home after visiting her parental home, from the very first day the Respondents, namely Brother-in-Law Brother-in-law's name, Sister-in-Law Sister-in-law's name, Father-in-Law Father-in-law's name and Mother-in-Law Mother-in-law's name, taunted the Applicant about dowry and remarked, "tu apney maikey se hamari hasiyat ke hisab se kuch nahi layi". The in-laws of the Applicant began harassing her both physically and mentally. For not bringing dowry as per their demand, they harassed the Applicant by criticising the quality of the furniture, electronic items, clothes and the design of the gold received, and tortured the Applicant by making remarks on the weight and quality of the gold given by her parents. They continued to harass and torture her physically and mentally by various means, even in the presence of their relatives.
7.That on Date of kitchen incident (day)/Date of kitchen incident (month)/Date of kitchen incident (year), while the applicant was preparing a meal, her brother-in-law Brother-in-law's name abruptly entered the kitchen and began harassing her, saying "tujh khana pakana nahi ata tu niech khandan ki hai". Even when she cooked the bread properly, he would insist that it was burnt and not well cooked, abused the applicant and beat her with a thong (chimta) on her hand. Her in-laws (sister-in-law Sister-in-law's name, mother-in-law Mother-in-law's name, father-in-law Father-in-law's name) and the respondent joined him, and they all beat and tortured the applicant. Her brother-in-law Brother-in-law's name said, "jab tak tu dahej mai car aur nagadi 10 lakh nahi lati tab tak tujh hum sab parivaar vale issi tarha beizat krtey rhengey". When the applicant narrated this incident to her parents, they came to the matrimonial home and attempted to explain that they were unable to fulfil the demand for dowry, upon which the brother-in-law Brother-in-law's name said, "Ye sab tumhey badey ghar mai shadi krney se pheley sochna chaiye tha tumney hame kam dehaj dey kar hameri nak ktwa di".
8.That on Date of Maha Shivratri incident (day)/Date of Maha Shivratri incident (month)/Date of Maha Shivratri incident (year), on the occasion of 'Maha Shivratri', in the morning, the brother-in-law Brother-in-law's name, the sister-in-law Sister-in-law's name and the mother-in-law Mother-in-law's name, as was their routine, began taunting the applicant and making derogatory remarks about her daily household chores, and started harassing her. When she attempted to oppose them, they all began pushing and hitting her and threatened her, "agar tune hmare bare mai kisi ko btaya to tujhe mitti ka tel dal kr fhook dengey aur sabit kar dengey ki tuney atmhatya ki hai". The applicant was deeply distressed and shattered internally. She somehow gathered her will power and self-belief and managed to control her emotions.
9.That on Date of havan incident (day)/Date of havan incident (month)/Date of havan incident (year), her father-in-law Father-in-law's name and mother-in-law Mother-in-law's name knocked on the door of the applicant at 1.00 a.m. She opened the door, and they said, "jaldi se tayar hokey a jao Havan kar rhe hai". The applicant questioned them, "rat mai konsa havan kra rhe ho havan to subha hota hai", whereupon they scolded her and told her to remain silent. When the applicant reached the hall, she saw a person who appeared to be a necromancer, and upon her raising a question in that regard, the respondent and the in-laws told her that the havan was being performed for obtaining a grandson at the earliest. Such acts were frequently observed by the in-laws, and they threatened her, "tu apni aukat mai rhe agar kisi ko btaya to tere liye accha nhi hoga". Her brother-in-law Brother-in-law's name frequently incited the in-laws against her, and her sister-in-law Sister-in-law's name aggravated such situations at other times. Owing to this, the respondent tortured her physically and mentally on several occasions and constantly abused her.
10.That two days before the first Holi after the marriage, i.e., on Date of Holi incident (day)/Date of Holi incident (month)/Date of Holi incident (year), her in-laws, namely the sister-in-law Sister-in-law's name, the mother-in-law Mother-in-law's name and the father-in-law Father-in-law's name, along with the respondent, left the applicant at her parental home and told her parents, "jab tak tum log hame car or 10 lakh cash nahi dogey tab tak hum tumhari ladki ko nahi le ker jayengey". Her parents tried their level best to convince and plead with them, but the in-laws refused to understand. Under the constant pressure of the in-laws, her parents somehow managed to pay them, in three instalments of two lakh each during that month. The sister-in-law Sister-in-law's name, father-in-law Father-in-law's name and mother-in-law Mother-in-law's name constantly incited the respondent, owing to which the respondent tortured her severely, saying, "mummy ne kha hai 6-7 mhiney chod tabhi akal ayegi", "do-do mhiney ki meetings krwaunga", "terebaap ko aney de btata hu ussey FD kis k liye di hai", "bol de gharwalon ko ki ladka khush nahi hai tu bolegi mai to tujh torcher karunga", "hmarey ghar mai pratha hai mar bhi saktey hai", "Tujhse arrange marriage hui hai love nahi jo tujhse pyar hoga", "Apney gharwalon k samney accha banunga aur akele mai tujhey tourcher karunga", "zindgi khrab kar dunga", "mujh to kissi aur se pyar hai", "conceive ho gyana, zindgi kharab kr dunga dhyan rakhio fir alag kmrey mey rahio, mai aalag kamrey mey rahunga", "agar bacha karnahai to 50 lakh-1cr. Apneyghar se lekeaio", "Hatao iss bacchey ko agar ho gya to mai accept nahi karunga tujh".
11.That on Date of assault incident (day)/Date of assault incident (month)/Date of assault incident (year) at 7:30 p.m., when the applicant opposed the aforesaid torture, the respondent scolded her and beat her mercilessly. While the respondent was beating her, the applicant bowed down in self-defence, as a result of which the respondent's hand struck the corner of the dressing table. Terrified on seeing this, her in-laws caught her hair, thrashed her on the floor and dragged her for a long time, as a result of which she sustained several scratches all over her body, and the beaten parts of her body turned blue. The in-laws of the applicant left her without any medication, and she suffered body ache throughout the night. They even snatched her mobile phone. She was alone in the house of the respondent, with nobody to hear her voice, and she could not speak to her parents because they had confiscated her mobile phone.
12.That on Date of washing machine incident (day)/Date of washing machine incident (month)/Date of washing machine incident (year), the mother-in-law Mother-in-law's name ordered the applicant to wash the clothes. When the applicant operated the washing machine, she received an electric shock, whereupon she informed her mother-in-law and attempted to explain the situation to them (the sister-in-law Sister-in-law's name and the mother-in-law Mother-in-law's name). However, they forcibly ordered the applicant to wash all the clothes using the faulty washing machine (which had current flowing through it), telling her, "tu kaunsa car, cash lekar aayee hai jo mai tujhe maharani banakar rakhu". Her in-laws (the brother-in-law Brother-in-law's name and the father-in-law Father-in-law's name) and the respondent could have saved her from this mental torture, but they did not. When the applicant described this incident to her parents, they were deeply grieved and became restless. When her parents spoke to her in-laws about such cruelty and harassment, the in-laws insulted her parents to such an extent that tears filled their eyes, and the in-laws said, "teri beti hamarey kissi kam ki nahi hai ussey tu yha se leja". Thereafter, the applicant continued to bear the torture and somehow endured the worst phase of her life, keeping alive the hope that one day they would reform themselves.
13.That on Date of reception (day)/Date of reception (month)/Date of reception (year), the reception party of the applicant and the respondent was held at the venue. It was the third day of her marriage, and there the applicant noticed that the respondent was busy on his mobile phone, talking to someone; the applicant observed this several times during the occasion. At the time she did not pay much attention, but gradually she noticed that he remained busy on his mobile phone outside their room, and she realised that something was wrong. A few days later, the respondent disclosed a strong intimate relationship with a girl named Third party's name, confessing that it had been going on for the last four years, and assured her, "shikha mujhe kuch samay chaiye iss chakar se nikalney mai". Despite giving this assurance, his behaviour did not change at all; rather, it became completely altered and aggressive. When she attempted to explain to him, he said, "mainey tujhsey shadi dahej mai car aur lakho rupay nagadi aur property k lalach mai ki hai", and shouted at her. On hearing this, her in-laws came into the room and said, "tu dahej mai layi hee kya hai tuney toh hmari naak katwa di", and again said, "Jab tak tu nagadi va car nahi layegi tab tak hum log tujh chain se rhne nahi dengey". The applicant was frightened and wept the whole night on her bed; like any ordinary Indian woman, she kept thinking constantly about how to save her married life. As the night grew darker, she felt that her life was in danger, because her in-laws and the respondent were forcing and pressurising her to bring cash and a car to fulfil their demand. Having lost her courage, she described her condition to her father, and upon hearing her agony, her father and family members proceeded towards her matrimonial home to stop this demand and cruelty. En route, at 11:10 p.m., her father reported the matter to police helpline no. 100 on Date of police helpline call (day)/Date of police helpline call (month)/Date of police helpline call (year) vide Helpline call reference/record number, and Mr. Investigating officer's name was appointed as the Investigating Officer. Her sister-in-law Sister-in-law's name caught her hair, pulled her back and threatened, "agar tuney hamarey barey mey police ko kuch bataya to tera baap yhan se bachkr nahi jayega". The applicant was so terrified of the brutality and constant torture of her in-laws that she could not say anything against them in front of the Investigating Officer, Mr. Investigating officer's name, in order to save the lives of her family members. Thereafter, her father and family members tried to make the in-laws understand that what they were doing was wrong and that they should desist, to which the in-laws replied, "ab agey aisa nahi hoga". However, the behaviour of the in-laws and the respondent did not change and, in fact, became worse; her mother-in-law said, "chahey tu ek ko leya ya dus ko main nahi sudharney wali, meri beti toh ek hai aur ek hi rahegi bahuye toh aur bhi aa jayengi". The applicant disclosed all the above incidents to her parents. On Date of police application (day)/Date of police application (month)/Date of police application (year), her father submitted an application at 4:40 p.m. at P.S. Police station. Her father and family members arrived at her matrimonial house, where the respondent and the in-laws again raised their demand for cash, a car and her F.D. The father of the applicant pleaded with folded hands and said, "mai ye sab aapki demands puri karney mai asamarth hun". Upon hearing this, the respondent and the in-laws turned aggressive and said things to her parents which she cannot express in words; the in-laws further said, "jab tumhari haisiyat nahi thi to hamarey yhan apni beti ka rishta kyu kiya". Her parents then requested the in-laws and the respondent to grant them some days of grace, but they refused to accept the request of the parents of the applicant and said, "hamey kal ki tariq (Date of car/cash demand (day)/Date of car/cash demand (month)/Date of car/cash demand (year)) ko car, cash aur F.D tudwakar de, tabhi hum teri ladki ko yhan rakh payengey nahi to issey leker chalejaa". When her father was unable to fulfil the demand for dowry (car, cash, F.D.) made by the respondent and the in-laws, they again began torturing the applicant mentally and physically and pressurised her parents to take her back to her parental home. Her in-laws forcibly sent her to her parental house and gave an ultimatum till Date of ultimatum (day)/Date of ultimatum (month)/Date of ultimatum (year) (i.e., the respondent's birthday), saying, "tu iss ghar mein aana chati hai to h iss din par gift k tor par baki bacha cash, car or F.D tudwakar hammey lakar de-de tabhi iss ghar maien aio".
14.That after the said incident, the parents of the applicant, along with her relatives, attempted to make the respondents and their family members understand. On Date of family meeting (day)/Date of family meeting (month)/Date of family meeting (year), a meeting was arranged at Meeting venue. In that meeting, the following persons attended from the in-laws' side: the grandfather-in-law Grandfather-in-law's name, the mother-in-law Mother-in-law's name, the aunt (masi) Aunt's name and her husband Aunt's husband's name, In-law relative's name and his wife Relative's wife's name, In-law relative's name, and the mediator Mediator's name. From the applicant's side, her maternal uncle, her aunt, and her father were present. At the request of her maternal uncle and aunt, the in-laws and their relatives promised to take the applicant back to her matrimonial home on Promised return date (day)/Promised return date (month)/Promised return date (year). However, on the stipulated date, the in-laws did not come to the applicant's parental house to take her back. Her parents had, as informed by the in-laws, made arrangements for meals for 15–20 persons at their home, but none of them arrived. Her parents grew worried and attempted to contact the mediator and the applicant's father-in-law telephonically; thereafter, they stopped answering the calls. The mother-in-law, in response, stated, "hum abhi nahi ayengey" (we will not come now). Upon hearing this reply, the applicant and her parents were mentally disheartened. Thereafter, when the applicant's family attempted to contact the mediator Mediator's name, he kept avoiding them and stopped answering their calls.
15.That on Date of in-laws' visit (day)/Date of in-laws' visit (month)/Date of in-laws' visit (year), the father-in-law of the applicant, along with his friend Father-in-law's friend's name, visited her parental home. On that occasion also, her father welcomed them warmly and extended good hospitality. At that time, the father-in-law stated, "hum log 1 mahiney baad le kr jayengey, abhi hamarey betey Ravi par shani dasha chal rahi hai" (we will take her after a month; at present our son Ravi is under the influence of Shani dasha). However, they once again failed to honour their promise. Her parents thereafter attempted to contact her father-in-law, but he did not receive their calls. On Date of visit to matrimonial home (day)/Date of visit to matrimonial home (month)/Date of visit to matrimonial home (year), being a Saturday, the applicant went to her matrimonial home along with her parents. On that occasion, her father, to the extent of his capacity, presented gifts to the respondent and the in-laws. However, on the very next day, her brother-in-law forcibly held her hand and molested her, and thereafter they started subjecting her to physical and mental torture, harassment, and abuse by committing such acts. Somehow, the applicant managed to escape from her matrimonial house and returned to her parental house.
16.That on Date of return to matrimonial home (day)/Date of return to matrimonial home (month)/Date of return to matrimonial home (year), the applicant went back to her matrimonial house along with her parents, as she desired to settle there peacefully. However, upon reaching there, her brother-in-law Brother-in-law's name and sister-in-law Sister-in-law's name misbehaved with her father and family members, and the children of the respondent's maternal uncle Maternal uncle's name, namely Uncle's child's name, Uncle's child's name, and Uncle's child's name, the paternal aunt Paternal aunt's (bhua) name (bhua), and Paternal aunt's (chachi) name (chachi) stopped the family members of the applicant at the door from entering the matrimonial house and made filthy remarks against her father and her family members. Upon this, her family members pleaded before them, and they were then permitted to enter the matrimonial home. Her family members left the applicant there and proceeded to police station Police station to report the said incident. As soon as her family members left the matrimonial home, the in-laws started abusing, beating, and harassing her. In fact, her brother-in-law Brother-in-law's name and sister-in-law Sister-in-law's name attacked her with a razor blade and scuffled with her, and the respondent's aunts — Aunt's name and Aunt's name — both held her hands. As per the conspiracy, her sister-in-law Sister-in-law's name injured herself with the blade in order to implicate the applicant in a false allegation, and telephonically called the police. Thereafter, the respondent, along with his cousins Cousin's name and Cousin's name, Person's name, and brother-in-law Brother-in-law's name, threatened her. The applicant was so terrified in that situation that she was unable to understand what to do.
17.That while the applicant was being taken from the matrimonial home to police station Police station, no lady police officer came there. It was around 11:00 pm when Constable Constable's name instructed her to reach P.S. Police station along with a person whose name is Civil-dressed person's name (who had come to the matrimonial home with Constable Constable's name, was dressed in civil clothes, and whose name the applicant came to know only afterwards). On the way to P.S. Police station, he misbehaved with the applicant and molested her. She was frightened at that time as she was all alone. When she opposed him, he told her that he was a policeman and that he was the one who would be preparing the report of her case at P.S. Police station. She felt helpless at that moment. When she reached P.S. Police station, she reported the said incident to the I.O., Investigating officer's name. Instead of lodging her complaint, he, surprisingly, questioned her and said, "kya tum uss ladkey ka naam janti ho" (do you know the name of that boy), and at that time the applicant did not know the name of that person. She later came to know that his name is Friend's name and that he is a friend of her brother-in-law Brother-in-law's name. When the applicant requested the I.O., Investigating officer's name, to permit her to write her complaint herself, he refused, wrote it himself, and compelled her to sign it without allowing her to read it. The applicant does not know whether the contents of that application are factually correct, and he did not provide her a copy of that complaint.
18.That it is submitted that the entire stridhan of the applicant is lying with her in-laws and the respondent, and when she asked them to return her stridhan, they refused to do so. It is pertinent to mention that in this regard, the applicant lodged a complaint before the CAW Cell, and the proceedings are still pending there.
19.That it is submitted that the divorce petition filed by the respondent before the Ld. Family Court, Family Court location, New Delhi, has been filed in order to cover up his own misdeeds and the cruelty and harassment caused by him and his family members, against which a criminal complaint was filed with the A.C.P., Crime Against Women Cell, Crime Against Women Cell location, on Date of CAW Cell complaint (day)/Date of CAW Cell complaint (month)/Date of CAW Cell complaint (year), and again on Date of second complaint (day)/Date of second complaint (month)/Date of second complaint (year) before the Cyber Crime Cell regarding the making viral of a video by the accused persons. The applicant again filed a complaint dated Date of police complaint (day)/Date of police complaint (month)/Date of police complaint (year), vide DD No. DD number, to P.S. Police station, with a copy to the D.C.P. (DCP's range/district). When no action was taken by the police officials, the applicant filed another complaint to the Commissioner of Delhi Police, New Delhi, on Date of complaint to Commissioner (day)/Date of complaint to Commissioner (month)/Date of complaint to Commissioner (year), which culminated in FIR No. FIR number dated Date of FIR (day)/Date of FIR (month)/Date of FIR (year) under Sections 498A/406/354/506/324/34 IPC against the respondent and his family members, which is pending investigation with P.S. Police station.
20.That the said divorce petition has been filed by the respondent in collusion with his family members, after hatching a well-knit conspiracy, with the sole intention of setting up a false defence in the various cases/complaints filed by the applicant against the respondents.
21.That the respondents, namely Respondent's name, Respondent's name, Respondent's name and Respondent's name, are habitual offenders and are accused in a dowry harassment case titled Earlier dowry case complainant's name vs. Earlier dowry case accused's name. This is their second offence of the very same nature, namely, demanding dowry and harassing the victim for that purpose. In the past, they committed cruelty upon their daughter-in-law, namely Ms. Earlier daughter-in-law's name, W/o Her husband's name, against whom she filed a complaint with the CAW Cell name/place on Date of earlier CAW Cell complaint (day)/Date of earlier CAW Cell complaint (month)/Date of earlier CAW Cell complaint (year), and FIR No. Earlier FIR number dated Date of earlier FIR was registered under Sections 498A/406/34 IPC at P.S. Police station against her in-laws, including the respondent herein, as the respondent also harassed the said Ms. Earlier daughter-in-law's name in furtherance of their illegal demands.
22.That it is submitted that the respondents continued to harass the applicant, and she was also beaten mercilessly, in consequence of which she was taken to Hospital where applicant was treated at 02:01 hours (midnight) and was diagnosed with "Soft Tissue Injury" as a result of the assault upon her on Date of injury (day)/Date of injury (month)/Date of injury (year). The applicant was administered aseptic dressing and was advised surgery, along with medication, in the Emergency Department, and she was further advised to attend the Surgery OPD for further treatment.
23.That the respondents have filed the divorce petition knowing fully well that the applicant shall incur heavy expenses in contesting the same. On the one hand, the respondent is not paying any maintenance to the applicant, and on the other hand, the respondent has filed a false and frivolous case, containing baseless allegations without any substance or proof, against the applicant in order to further harass her.
24.That the respondent is a man of means. He holds distributorships of "First distributorship brand", "Second distributorship brand", "Business name" and "Business name", and earns handsomely to the tune of Rs.Respondent's monthly business income (₹)/- per month from the said sources. Besides, the respondent also runs a grocery shop in the name and style of "Grocery shop's name" and earns approximately Rs.Grocery shop monthly income (₹)/- per month from the said source. The house of the respondent situated at Respondent's house address consists of approximately 30 rooms, which have been rented out to different tenants, and the respondent earns approximately Rs.Monthly rent income (₹)/- per month as rent from the aforesaid rooms. Further, the respondent also owns joint family properties situated at Joint family family property address — wait, correct key: Joint family property address — comprising:
| Property | Description |
|---|---|
| Property at Joint family property address | Constructed on a plot of land measuring Plot size of first joint family property, consisting of 6 units of one-room set, given on rent |
| Property bearing Property address/number | Constructed on a plot measuring Plot size of second property, consisting of 10 units of one-room set, given on rent |
| Property bearing house No. Property address/number | Constructed on a plot of land measuring Plot size of third property, consisting of 10 units of one-room set, given on rent |
| Property bearing house No. Property address/number | Constructed on a plot measuring Plot size of fourth property, consisting of 10 units of one-room set, given on rent |
| Property bearing Property address/number | Constructed on a plot measuring Plot size of fifth property, consisting of 8 units of one-room set and two shops, given on rent |
| Property No. Property address/number | Constructed on a plot measuring Plot size of sixth property, consisting of 12 units of one-room set and 10 shops, given on rent |
| Property No. Property address/number | Constructed on a plot measuring Plot size of seventh property, consisting of 5 units of one-room set and 8 shops, given on rent |
| Property No. Property address/number | A four-storey building constructed on Plot size of eighth property, consisting of 10 units of one-room set, given on rent |
The respondent thus earns the proportionate rent of the aforesaid properties, and his income therefrom is to the tune of Rs.Monthly income from properties (₹)/- per month, as per his share. The respondent accordingly earns a total sum of Rs.Total monthly income (₹)/- per month from the aforesaid sources. The respondent maintains an expensive mobile phone (Respondent's mobile phone model). The respondent possesses a huge quantity of gold and holds bank balances in various banks, and has invested in shares, savings in the form of fixed deposits, LIC policies and other insurances, rents, etc. It is submitted that the respondent owns a car of the make Respondent's car make and two scooters of the make Respondent's scooter make. The respondent also holds various debit cards and credit cards of several banks, including Banks holding respondent's cards.
25.That it is pertinent to mention that, till date, the respondents have been calling the complainant and her parents during the day as well as at odd hours of the night, hurling abuses in the filthiest of language and casting aspersions upon the character of the complainant. Having been left with no other option, the complainant is compelled to prefer the present complaint before this Hon'ble Court seeking appropriate urgent reliefs.
26.That it is pertinent to mention here that the respondent has no other liability or responsibility to discharge except to maintain the applicant.
27.That, on the other hand, the applicant is not earning and is absolutely dependent upon the mercy of her parents and brother.
28.That the applicant requires money for her own maintenance, as the respondent is duty-bound to maintain her, the applicant being the legally wedded wife of the respondent.
29.That the applicant has neither any income of her own nor does she own any immovable or movable property; even all the stridhan and dowry articles of the applicant are lying with the respondent and his parents.
30.That the applicant is without any income or source of income, is living a torturous life, has no place to go, and does not have sufficient funds even to reside in rented accommodation.
31.That the applicant is entitled to live in a similar lifestyle as per the status of the respondent and requires the same degree of comforts as available in the respondent's home.
32.That the applicant has no independent income sufficient to maintain herself, and she is also unable to arrange the necessary expenses of the proceedings pending before this Hon'ble Court. The respondent has made no provision for the maintenance of the applicant. The applicant is totally dependent upon her parents.
33.That the respondent, who belongs to a high-status family, has made no provision for the maintenance of the applicant. The respondent has no responsibility other than to maintain the applicant. The applicant is passing through hardships and crises and is presently living solely on the charity of her parents. The respondent is under a moral, social and legal obligation to maintain the applicant, as she is his legally wedded wife. The respondent is not fulfilling any of his responsibilities towards the applicant, exhibiting an irresponsible, disorderly and cruel attitude towards her.
34.That the respondent also owns other movable and immovable properties in his name which have not been disclosed to the applicant. The non-applicant also holds shares, fixed deposits, bonds, etc., and maintains credit cards and club memberships in his own name. Apart from the above, the respondent has additional sources of income, but the amount received by the respondent by way of such additional income is not within the knowledge of the applicant.
35.That the respondent is leading a luxurious life.
36.That, under the circumstances, the applicant is in need of money. The respondent is duty-bound to maintain the applicant according to his status, and she is entitled to a sum of Rs.Maintenance claimed per month (₹)/- per month.
37.That it is submitted that, since the date of desertion, the respondent has not maintained the applicant and has not paid anything towards her upkeep.
38.That it is thus established that the respondent has failed to discharge his liability as provided under the law.
39.That the respondent is under a legal obligation to maintain the applicant, and she is entitled to receive Rs.Maintenance per month (₹)/- per month towards her maintenance and livelihood.
40.That the cause of action accrued in favour of the complainant and against the respondents on several occasions when the applicant suffered atrocities at the hands of the respondents, when the respondents threatened the complainant with dire consequences and compelled her to leave the matrimonial home. The cause of action further arose when the respondents kept the complainant in a miserable condition and threatened the complainant and her family members with dire consequences. The cause of action is, therefore, a continuing one.
41.That being aggrieved and repeatedly harassed by the aforesaid conduct of the respondents, the complainant has preferred the present complaint.
P R A Y E R
It is, therefore, most respectfully prayed that the present application may kindly be allowed and this Hon'ble Court may graciously be pleased to pass the following orders:-
a.Directing the respondents to stay away from the complainant, her dependents, relatives and any other person related to the aggrieved person, so as to prohibit any act of violence.
b.Directing the respondents to execute a bond, along with surety, of not less than Bond amount (₹) to the effect that they shall not commit any act of domestic violence against the complainant.
c.Directing the concerned SHO, Police Station Police station, to provide protection to the complainant.
d.Directing the respondents to pay monetary relief, on account of the domestic violence suffered, to the tune of Monetary relief amount (₹).
e.Directing the respondents to return the stridhan and the articles lying with the respondents in the shared household, and the articles and jewellery that were snatched away from her while subjecting her to domestic violence; and further restraining them from alienating any asset, bank locker or bank account jointly used or enjoyed by them.
f.Directing the respondents to pay interim maintenance to the complainant at the rate of INR Interim maintenance per month (₹) per month.
g.Directing the respondents to pay litigation expenses of Rs. Litigation expenses (₹);
and
h.Passing such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the complainant and against the respondents, in the interest of justice.
Place (for prayer signature block)COMPLAINANT
THROUGH
Date of filing
Name of advocates, ADVOCATES
VERIFICATION:-
Verified at City where verification is made on this Date of verification. The complainant above named states on solemn affirmation that the contents of paragraphs 1 to Last paragraph number of the complaint of the above petition are true to her knowledge, derived from legal advice received and believed by her to be correct, the last paragraph being the prayer to this Hon'ble Court. Nothing material has been concealed therefrom.
COMPLAINANT
IN THE COURT OF Name/designation of Magistrate court
District courts name COURTS
COMPLAINT NO. Complaint number OF Year of filing of the complaint
IN THE MATTER OF :-
Complainant's name: APPLICANT / COMPLAINANT
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Mrs. Complainant's name, aged Complainant's age years, W/o Husband's name, D/o Complainant's father's name, R/o Complainant's address, who do hereby solemnly affirm and declare as under:-
1.That I am the complainant in the above-said case, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the contents of the accompanying application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and explained to me and have been understood by me. Having fully understood the same, I state that the facts stated therein are true and correct to my knowledge. Nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:-
Verified at City where verification is made on this Date of verification that the contents of the above affidavit are true and correct to my knowledge, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF Name/designation of Magistrate court
District courts name COURTS
COMPLAINT NO. Complaint number OF Year of filing of the complaint
IN THE MATTER OF :-
Complainant's name: APPLICANT / COMPLAINANT
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Mrs. Complainant's name, aged Complainant's age years, W/o Husband's name, D/o Complainant's father's name, R/o Complainant's address, who do hereby solemnly affirm and declare as under:-
1.That I am the complainant in the above-said case, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the contents of the accompanying complaint under Sections 12, 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and explained to me and have been understood by me. Having fully understood the same, I state that the facts stated therein are true and correct to my knowledge. Nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:-
Verified at City where verification is made on this Date of verification that the contents of the above affidavit are true and correct to my knowledge, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF Name/designation of Magistrate court
District courts name COURTS
COMPLAINT NO. Complaint number OF Year of filing of the complaint
IN THE MATTER OF :-
Complainant's name: APPLICANT / COMPLAINANT
VERSUS
Respondents' names: RESPONDENTS
POLICE STATION - Police station
APPLICATION UNDER SECTION 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
MOST RESPECTFULLY SHOWETH:-
1.That the applicant/complainant has filed the annexed application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the respondents, and the same is pending disposal before this Hon'ble Court.
2.That the contents of the said complaint may kindly be read as part and parcel of the present application; the said contents have not been repeated herein for the sake of brevity, and the applicant craves leave to refer to the same at the time of arguments.
3.That the respondents have deprived the complainant/applicant of her matrimonial home and society without any lawful basis.
4.That the complainant/applicant, despite having a matrimonial home, is being regularly compelled to live outside the same on account of the atrocities and violent acts committed by the respondents.
5.That the respondents are attempting to alienate or dispose of the shared household property, along with other properties, as detailed in the complaint under Section 12. The said contents are not repeated herein for the sake of brevity, and the contents and averments of the Section 12 application may kindly be treated as part and parcel of the present application under Section 23 of the Protection of Women from Domestic Violence Act, 2005.
6.That the applicant seeks ad-interim relief, namely, directions of this Hon'ble Court to the respondents for the payment of Rs. Monthly amount sought (₹) per month, together with directions restraining the respondents from disposing of their assets, as mentioned in the application under Section 12 of the Act, and from leaving the country without the permission of this Hon'ble Court, inter alia on the following grounds:-
A. That the complainant/aggrieved person has no independent source of basic living, and is wholly dependent upon the respondents to meet her daily needs.
B.That the complainant is not employed, has no means of survival, and is dependent upon financial assistance from her parents and relatives.
C.That the respondents are not fulfilling any of their obligations towards her.
D. That the respondents are resorting to every kind of illegal and unethical act to disturb the life of the applicant/aggrieved person and have made her life miserable.
E.That the respondents have been committing a series of acts which fall within the definition of "domestic violence" under the Act.
F.That the respondents have failed to pay any amount towards the basic needs of the applicant, which failure falls within the definition of “Economic Abuse” under Section 3(iv) of the Act.
G. That the respondents have threatened the complainant with deprivation of the aggrieved person’s legitimate rights, and have further threatened that they will very soon dispose of all their assets and business establishments in India, including the shared household, being the matrimonial home.
H. Any other ground that may be taken, with the due permission of this Hon’ble Court, during the course of arguments of the present application.
7.That the complainant has a prima facie good case, and the balance of convenience also lies heavily in her favour. If the interim maintenance as prayed for is not granted in favour of the complainant, she shall suffer great irreparable loss and injury.
8.It is submitted that no domestic incident report has been submitted before this Hon’ble Court, as the complainant did not approach the Protection Officer and has directly approached this Hon’ble Court under Section 12 of the Act. The Hon’ble two-Judge Bench of the Delhi High Court in Shambhu Prasad Singh v. Manjari (2012) reiterated that Section 12 does not mandate that an application seeking relief be accompanied by a ‘domestic incident report’ (DIR). The Court held that Section 23 empowers the Magistrate to pass such ex parte interim orders as he may deem just and proper, based solely on the affidavit of the aggrieved person. Nowhere does this provision, expressly or by necessary implication, make consideration of the DIR obligatory.
P R A Y E R
It is, therefore, most respectfully prayed that the application filed by the applicant may kindly be allowed, and this Hon’ble Court may kindly be pleased to pass the following orders:-
a.Directing the respondents to stay away from the complainant and her dependents / relatives / any other person related to the aggrieved person, so as to prohibit acts of violence.
b.Directing the respondents to execute a bond, along with surety, of not less than Bond amount (₹), that they shall not commit any act of domestic violence upon the complainant.
c.Directing the concerned SHO, Police station, to provide protection to the complainant.
d.Directing the respondents to pay monetary relief, on account of the domestic violence, to the tune of Monetary relief amount (₹).
e.Directing the respondents to return the stridhan, the articles lying with the respondents in the shared household, and the articles and jewellery that were snatched away from her while subjecting her to domestic violence; and further restraining them from alienating any assets, bank lockers or bank accounts jointly held by them.
f.Directing the respondents to pay interim maintenance to the complainant to the tune of INR Interim maintenance per month (₹) per month.
g.Passing an order directing the respondents to pay litigation expenses of Rs. Litigation expenses (₹); and
h.Passing such other or further orders as this Hon’ble Court may deem fit and proper, in view of the facts and circumstances of the case, in favour of the complainant and against the respondents, in the interests of justice.
PLACE: DELHICOMPLAINANT
THROUGH
DATED:ADVOCATES FOR THE COMPLAINANT