Complaint under Sections 12, 17-21 of the Protection of Women from Domestic Violence Act, 2005 with supporting affidavits
0 of 96 blanks filled
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS, NORTH-EAST DISTRICT, DELHI
CT. CASE NO. Case number (main application)/Case filing year (main application)
IN THE MATTER OF:
Complainant's name…COMPLAINANT
VERSUS
Respondents' names….RESPONDENTS
INDEX
| S. No. | PARTICULARS | Page No. |
|---|---|---|
| 1. | Memo of Parties |
| 2. | Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 along with supporting affidavit |
| 3. | Application under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 along with supporting affidavit |
| 4. | List of Documents |
| 5. | Vakalatnama |
DateCOMPLAINANT
New DelhiThrough,
COUNSEL
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS, NORTH-EAST DISTRICT, DELHI
CT. CASE NO. Case number (memo of parties)/Case filing year (memo of parties)
IN THE MATTER OF:
Complainant's name…COMPLAINANT
VERSUS
Respondents' names…RESPONDENTS
MEMO OF PARTIES
SMT. Complainant's name
W/o Complainant's husband's name
D/o Complainant's father's name
R/o H. No. Complainant's residential address…COMPLAINANT
VERSUS
1. SH. Respondent no. 1's name (husband)
S/o Sh. Respondent no. 1's father's name
R/o H. No. Respondent no. 1's residential address…RESPONDENT NO. 1
2. SH. Respondent no. 2's name (father-in-law)
S/o Sh. Respondent no. 2's father's name
R/o H. No. Respondent no. 2's residential address…RESPONDENT NO. 2
3. MRS. Respondent no. 3's name (mother-in-law)
W/o Respondent no. 3's husband's name
R/o H. No. Respondent no. 3's residential address…RESPONDENT NO. 3
DateCOMPLAINANT
New DelhiThrough,
COUNSEL
Counsel's law firm name & ASSOCIATES
Office No. Law firm office number
Mob. Law firm mobile number
Law firm email address
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS, NORTH-EAST DISTRICT, DELHI
CT. CASE NO. Case number (main application)/Case filing year (main application)
IN THE MATTER OF:
Complainant's name…COMPLAINANT
VERSUS
Respondents' names….RESPONDENTS
COMPLAINT UNDER SECTIONS 12, 17, 18, 19, 20 AND 21 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
MOST RESPECTFULLY SHOWETH:
1.That the complainant has been constrained to approach this Hon'ble Court on account of the atrocities committed upon her by the respondents.
2.That the complainant has been subjected to domestic violence at the hands of the respondents and has further been neglected, inasmuch as respondent no. 1 has refused to maintain the complainant. The respondents have inflicted physical and mental cruelty upon her by creating circumstances that forced the complainant to leave the matrimonial home with minimal clothing, and the respondents have failed to provide her with shelter.
3.That the complainant is an aggrieved person who has been in a domestic relationship with the respondents and has been subjected to acts of domestic violence committed by them.
4.That the respondents have committed acts of domestic violence by harming, injuring and endangering the health, safety and life of the complainant, and have caused her physical abuse, sexual abuse, emotional abuse and economic abuse. The respondents have further deprived the complainant of the economic and financial resources to which she is entitled as of right. Accordingly, under Section 22 of the Protection of Women from Domestic Violence Act, 2005, the complainant claims compensation of ₹Compensation amount claimed (₹) (Compensation amount in words).
THAT THE BRIEF FACTS OF THE CASE ARE AS UNDER:
5.That the marriage between the complainant and respondent no. 1 was solemnised on Date of marriage at Place of marriage in accordance with Hindu rites and customs. No child was born out of the said wedlock. A true copy of the marriage card and the photographs is annexed herewith as ANNEXURE-A (Colly.).
6.That respondent no. 2 is the father-in-law (sasur) of the complainant, respondent no. 3 is the mother-in-law (saas) of the complainant, respondent no. 4 is the brother-in-law (devar) of the complainant, respondent no. 5 is the sister-in-law (nanad) of the complainant, and respondent no. 6 is the brother-in-law (jija) of the complainant.
7.That it is pertinent to mention that, at the time of the marriage, a substantial amount was spent by the father of the complainant. In addition, in response to the demands of the parents of the respondents, various gifts and dowry articles, including jewellery and other items, were given to respondent no. 1, his parents and sister, and their other relatives.
8.That the father of the complainant spent beyond his means on the marriage, which was celebrated with great pomp and show. It is, however, pertinent to mention that, notwithstanding the same, the respondents and their family members remained dissatisfied and were angry with the complainant and her parents, because, according to them, the complainant's parents had not given dowry articles in the marriage as per their demands. This resulted in considerable mental and physical suffering to the complainant at the hands of the respondents, as detailed hereinafter.
9.That after the solemnisation of the marriage, the complainant was brought to the matrimonial home at Matrimonial home address by the above-named respondent, where she was welcomed very coldly by the family members of the respondents, for the sole reason that they had not received dowry according to their expectations.
10.That when the complainant was brought to her matrimonial home after the marriage, she realised from the behaviour of the respondents that they were aggressive and domineering and sought to control her in every respect. The complainant was not given any space or freedom to do anything in the house. She found it very difficult to deal with this situation; however, owing to the values instilled in her by her parents, she made every effort to endure the miserable situation and remained silent for the peace of mind of her parents.
11.That immediately after the marriage, when the complainant reached the matrimonial home, instead of greeting her, respondent no. 1 and all the above-named persons began accusing the complainant, saying: "TERE BAAP SE JAB HMNE FOUR WHEELER CAR MANGI THI DAHEJ ME TO USNE DAHEJ ME CAR KYU NHI DI. JAB TUM LOGO KI AUKAT HI NAHI THI DEMAND PURI KARNE KI TO SHAADI KARNE KI KYA JRURAT THI. HAME BHUT SARE UCHE RISHTE MIL RHE THE LEKIN HMARI KISMAT KHARAB THI JO TUM JAISAYE BHIKHARI HI LIKHE THE". The fact, however, is that the father of the complainant had given more than his capacity.
12.That it is pertinent to mention that, on the next day of the marriage, i.e. Date of the day after the marriage, in the morning, respondent no. 3, the mother-in-law of the complainant, asked the complainant to hand over to her all the stridhan belonging to the complainant, including the gifts, articles and money.
13.That on the same day, in the afternoon, all the above-named respondents opened all the dowry articles, and, on seeing those articles, respondent no. 3 (mother-in-law) remarked, despite their good quality, that the articles given by the parents of the complainant were very few and of the worst quality, and further commented that the father of the complainant had given very little dowry. Respondent no. 2 (father-in-law) remarked: "HUMNE TO PHLE HI SAAF SAAF BOL RKHA THA KI DAHEJ ME LADKE KE LIYE EK CAR CHAHIYE LEKIN IN BHIKHARIO NE BINA KUCH DIYE HI PICHHA CHHUDA LIYA HAI". Respondent no. 1 also commented: "IN KANJOOSO NE NA HI CAR DI AUR NA HI CASH, KAM SE KAM EK JAGAH TO APNI BAAT RAKHTE YE HARAMI. CAR NHI DI TOH KAM SE KAM RS. Dowry amount demanded in car comment (₹)/- DE DETE JISSE MAI EK KOI CHHOTI CAR KHARID LETA. IN BHIKHMANGO KI JAGAH MUJHE DUSRI JAGAH SHADI KR LENI CHAHIYE THI JO CAR DE RHE THE LEKIN SALA KISMAT HI KHRAB THI INN BHIKHARIO SE PALA PAD GYA HMARA". Upon hearing all this, the complainant felt deeply humiliated but remained silent, feeling that, despite having given so much, her in-laws were not satisfied. The complainant had no alternative but to bear such insults, lest her marriage be put in jeopardy; she therefore remained silent and went to her room, weeping.
14.That on the same day, in the evening, the mother-in-law telephoned Respondent No. 1 and began taunting and making accusations against the complainant in his presence. It is pertinent to mention that Respondent No. 1 did not object to his mother's taunts and willingly cooperated in all her acts against the complainant.
15.That one morning, the parents-in-law and the husband of the complainant called her, and the father-in-law (Respondent No. 2) asked her to sit beside him. Thereafter, Respondent No. 2 placed his hands on the thighs of the complainant and threatened, "AGAR YHA RHNA HAI TO MUJHE KHUSH RKHNA HOGA". On hearing this, the complainant objected, but Respondent No. 1/husband and Respondent No. 3 began abusing the complainant, and thereafter Respondent No. 1/husband dragged the complainant into the room and started beating her. It is pertinent to mention that Respondent No. 1 threatened the complainant, "MAIN Place whose goons husband claims to know KE GUNDO KO JANTA HU, TERE PARIWAR AUR TERI BAHAN KO UTHWA LUNGA AUR USKI AUR TERI JINDAGI BARBAD KAR DUNGA AUR TUMHARI BAHAN KA BALATKAR KRWA DUNGA". On hearing all this, the complainant felt deeply humiliated but remained silent. The complainant had no alternative but to endure such insults, lest her marriage be endangered; hence she kept quiet and wept in her room.
16.That on the very next day, the complainant went upstairs to put wet clothes out to dry in the sunlight, but when she returned downstairs, Respondent No. 5 (Nanad) asked the complainant, "CHAT PR ITNI DER SE KYA KAR RI THI TU, ROJ ROJ CHAT PR JAKR ITNI DER KISSE NAIN MATAKKA KARTI H, TERA CHAT PR JANA BANDKARNA PDEGA MUJHE AB". When the complainant explained that she had gone upstairs only to dry the clothes, Respondent No. 5 said, "MUJHSE JBAAN LDATI H RUK TUJE ABHI BATATI HU", and thereupon pulled the hair of the complainant and kicked her badly on her stomach. Respondent No. 5 never missed any opportunity to harass the complainant.
17.That on the birthday of Respondent No. 2, i.e., on 0X.0X.Year of respondent no. 2's birthday, everyone was present in the house. That day, since the morning, Respondent Nos. 5 and 6 kept provoking Respondent No. 1 by making false allegations against the complainant, as a result of which Respondent No. 1 scolded the complainant in the evening and slapped her on the face and kicked her badly on the stomach in front of everyone present there. The complainant felt deeply humiliated and went into her room. Thereafter, Respondent No. 6 (Jija) came into the room, ostensibly to show sympathy and to reason with the complainant. But to the utter surprise of the complainant, Respondent No. 6 (Jija) placed his hand on her waist, grabbed her waist and pulled her towards himself. The complainant felt scared, pushed Respondent No. 6 back and rushed out of the room. After this molestation, the complainant began to feel unsafe in that house. Owing to hesitation and the close family relationship, the complainant could not disclose this molestation by Respondent No. 6 (Jija) to anyone. The complainant reserves her right to file a separate criminal case against Respondent No. 6 under the relevant sections before the competent court of jurisdiction.
18.That on Date of incident of sexual assault by father-in-law.0X.Year of incident of sexual assault by father-in-law, when the complainant was washing clothes, Respondent No. 2 (Sasur) came to the complainant, took off his pant and underwear, and thereafter threw his underwear on the face of the complainant and asked her to wash it. The complainant began weeping and went to Respondent No. 3 (Saas) to report this conduct of Respondent No. 2, but, to the utter shock of the complainant, Respondent No. 3, instead of taking action, began scolding and shouting at the complainant, "TU KUTIYA BHUT BESHARAM HAI TUJHE APNE SASUR PR ESA BEHUDA AROP LGATE HUE SHARM NHI AATI HAI AGER UNDERWEAR UTAR BHI DI TOH KYA HUA DHONE KO HI TOH DI HAI AUR AGER SASUR KO KHUSH NAHI RAKHYEGI TOH TERA YANHA KYA KAAM TERA KAAM HAI YEH KI GHER SABHI ADMIYO KO KHUSH RAKHNA HOGA". Hearing the noise, Respondent No. 2 (Sasur) and Respondent No. 4 (Devar) came there, and Respondent No. 2 started slapping the complainant while Respondent No. 3 pulled her hair from behind. The conduct of Respondent No. 2 was so vile that he grabbed the breast of the complainant. The complainant, helpless, tried to resist, but Respondent No. 2 held her hands from behind and told Respondent No. 4, "AAJ ISKA KAAM TAMAAM KAR DETE HAIN". The complainant tried hard to escape, but Respondent No. 4 grabbed her tightly, put his hand inside her salwar and rubbed her private part. The complainant, helpless, started shouting to save herself, whereupon all of them left her, warning her that if she opened her mouth to anyone, she would be raped and murdered. When Respondent No. 1 came home in the evening, the complainant narrated all the incidents to him, but, to her utter surprise, Respondent No. 1 did not care. The complainant had expected that her husband would understand what she was enduring; instead, Respondent No. 1 did not bother to listen to her problems and said, "KUTIYA TU TO BILKUL HI BESHARAM HAI BAHAR DUSRO SE CHAKKAR HAI TERA AUR GHR ME LOGO KO BADNAM KRNE ME LAGI HUI HAI". This response of Respondent No. 1 caused the complainant mental as well as emotional harassment. Her own house had become a hell for the complainant, as she was living like a lifeless body under this mental trauma; not a single member of the household was willing to speak to her gently, and all members of the family willingly tortured the complainant with the motive that she would one day leave the house, tired of all manner of torture. A copy of the duly signed written complaint of the complainant is annexed herewith as ANNEXURE-B.
19.That on Date complainant was sent to paternal home-0X-Year complainant was sent to paternal home, as the complainant did not leave the matrimonial house in spite of the many cruelties inflicted upon her, the respondents resorted to a ruse and told the complainant that, in order to complete her file of B.A. Final Year, she should go to her paternal home, since the situation in her matrimonial home was not good, and promised to bring her back once everything became normal.
20.That it is pertinent to mention that when the complainant was sent to her paternal home, the respondents began avoiding her phone calls, and if ever he did answer her call, he would blame the complainant, saying that it was because of her that the situation in his house had gone wrong, and, after abusing her over the phone, the respondent would disconnect the call.
21.That the same state of affairs continued till Date till which respondent avoided calls.0X.Year till which respondent avoided calls, and when the complainant telephoned the respondent on Date of phone call in which respondent refused reconciliation.0X.Year of phone call in which respondent refused reconciliation, during the conversation the respondent began giving false excuses and said that he had been abandoned by his house and was now living separately in rented accommodation. It is further submitted that the complainant continuously made efforts for a successful and bright married life, but the respondent never showed any interest nor made any effort; during the phone call, the complainant continuously approached the respondent and voluntarily expressed her desire to reside with him. The respondent further said, "MUJHE TUJHE APNE SATH NAHI RAKHNA OR AB TOH MERI POLICE MEI NAUKARI LAG GAYI HAI AB TU MERE LAYAK NAHI RAHI OR MUJHE PHONE KARNE KI JARURAT NAHI HAI". Thereafter, the respondent began avoiding the phone calls of the complainant.
22.That on Date complainant returned to matrimonial home.0X.Year complainant returned to matrimonial home, the complainant herself reached her matrimonial home, but the parents of the respondent did not open the gate of the house and shouted from inside, "MERA BETA UTTAR PRADESH POLICE ME BHARTI HO GYA HAI AB AGAR TUM 5 LAKH NAGAD AUR GAADI FOUR WHEELER LA SAKATI HO TO IS GHAR KE DARWAJE TUMHARE LIYE KHUL JAYENGE NAHI TO YE DARWAJA HAMESHA KE LIYE BAND HAI AUR AGAR TUM POLICE SE JABARDASTI GHAR ME AOGI TO HUM TUMHE NAUKRANI BNAKAR RAKHENGE". Left with no other option, the complainant made a phone call to the police station; upon the arrival of the police officials at the matrimonial home of the complainant, the officials requested the parents of the respondent to open the main gate of the house, but they did not come out. As an alternative, the police officials marked Date of police-marked settlement attempt-0X-Year of police-marked settlement attempt, with the mutual consent of the complainant, the respondent and his family, for the settlement of the disputes between the complainant, the respondent and his family.
23.That on Date of panchayat.0X.Year of panchayat, a PANCHAYAT was held, and the respondent himself voluntarily admitted in the PANCHAYAT that he and the complainant would reside together in a rented accommodation at Address of rented accommodation after panchayat. It is further submitted that from Date respondent's assaults resumed after panchayat.0X.Year respondent's assaults resumed after panchayat till 0X.Month of last assault in that period.Year of last assault in that period, the respondent made the life of the complainant a nightmare; during this period, the respondent used to abuse and assault her, clicked nude pictures of the complainant, and forced her to have unnatural sex. It is pertinent to mention that the respondent threatened the complainant with an acid and blade attack on her face if she did not fulfil all his erotic/sexual desires or did not go back to her parental home.
24.That the respondent was selected for the UP Police, and as per the prescribed parameters, training is mandatory before being posted as a police official. The complainant therefore requested the respondent to allow her to stay in a rented accommodation near her parental house during his training period, as all her clothes, ornaments and other necessary items were at her matrimonial home and she felt unsafe while staying alone in a rented accommodation. The respondent, however, clearly refused to do so. On 0X.Date respondent took other rented room.Year respondent took other rented room, the respondent took another rented room near the complainant's parental home for the complainant to stay there during his training period, and promised her that he would take her back upon his return from training. It is pertinent to mention that, in the PANCHAYAT, the respondent was asked to open a joint bank account; accordingly, he opened a joint bank account with the complainant in the Central Bank of India and deposited Rs. Amount deposited in joint bank account (₹). The respondent further signed a written commitment to the effect that he would deposit the monthly expenses of the complainant of Rs. Monthly maintenance amount promised (₹) in the joint bank account for her expenses. The respondent, however, failed to deposit the money for the monthly expenses of the complainant as promised by him in the written commitment. A copy of the duly signed written commitment of the respondent is annexed herewith as ANNEXURE-C.
25.That on 0X.X0.Year respondent left for training, the respondent left for training, and since then the respondent has never picked up the telephone calls of the complainant. It is pertinent to mention that twenty days later, the respondent came to the complainant's rented accommodation and forcefully had unnatural physical relations with her against her wish, returning in the morning. It is further pertinent to mention that the respondent has now stopped answering the telephone, and if he ever does pick up, he abuses the complainant over the telephone and threatens to commit suicide so as to falsely implicate her. It is also pertinent to mention that the respondent has now stopped depositing any monthly expenses for the complainant in the account. A copy of the bank statement of the complainant is annexed herewith as ANNEXURE-D.
26.That on Date respondent breached commitment.0X.Year respondent breached commitment, to the utter surprise and shock of the complainant, she received divorce papers sent by the respondent. The complainant felt humiliated, as her life had become meaningless, and she is now forced to live in solitude, being dependent upon her old parents in the present pandemic situation. Being aggrieved, the complainant approached the police officials to register her complaint, but no course of action has been taken against the respondent on the complaint till date.
27.That the complainant has suffered grave trauma and her life has been a torment since the very first day of her marriage. She has faced the worst that could have been faced from the respondent, but owing to the inhuman behaviour of the respondent and his family, she has become mentally unwell day by day. The respondent has had a careless and irresponsible attitude towards his personal relationship with the complainant and has never performed his husbandly duties; he has only abused and tortured the complainant without any reason, which has been a complete mental and physical trauma for her. The complainant has borne all her expenses, including her medical expenses, and every alternate day, on one pretext or the other, the respondent pressurised the complainant to leave him by subjecting her to mental torture and disrespectful behaviour. When he did not succeed in this, he resorted to a well-calculated ploy to throw the complainant out of his life. The complainant, however, lived in the hope that one day the situation would normalise and the respondent would take her back to her matrimonial home; but the attitude and behaviour of the respondent did not improve at all, and his behaviour deteriorated day by day. The complainant was ill-treated and subjected to extremely grave and uninhabitable circumstances by her husband; she was abused, subjected to torturous circumstances, harassed, continuously rebuked and physically as well as mentally tortured, and ultimately, to her utter surprise, she received divorce papers from the respondent.
28.That the complainant was in the hope that one day the situation would normalise and the respondent would take her back to her matrimonial home, but the attitude and behaviour of the respondent did not improve at all, and his behaviour worsened progressively. The complainant was ill-treated and subjected to extremely grave and uninhabitable circumstances by her husband; she was abused, subjected to torturous circumstances, harassed, continuously rebuked, and physically as well as mentally tortured, and ultimately, to her utter surprise, she received divorce papers from the respondent.
29.That, for the purpose of fetching more and more dowry and other related articles, the respondent having been selected in the UP Police, the complainant was abandoned by the respondent and his family. It is pertinent to mention that, owing to the extremely unpleasant treatment meted out to her and non-payment of any monthly allowance, the complainant had to leave her rented accommodation and became dependent upon her aged parents. It is pertinent to mention that the in-laws of the complainant have not returned the complete dowry and stridhan articles, which were entrusted to them and which remained in their dominion and control, despite demands for their return made by the complainant. Thus, all of them have committed offences under various provisions of law.
30.That the complainant became the victim of the mental and physical torture inflicted upon her by the respondent on account of her non-fulfilment of his illicit demands; moreover, a fraud and breach of trust has been committed upon her by the respondent.
31.That the respondent has been working as a Constable in the UP Police and drawing a handsome salary, whereas the complainant is totally helpless, having no option but to become dependent upon her aged parents. The respondent owns agricultural lands in his village and receives good income therefrom; it is imperative to mention that the respondent also possesses several rental properties and derives a handsome amount as rent therefrom. The father of the respondent is also working and earns sufficient income for his survival. That, in spite of having no social liability other than to maintain the complainant, the respondent is not discharging his responsibility; the complainant is unable to maintain herself, and the respondent has wilfully neglected the complainant and has failed to maintain her. It is submitted that the respondent abandoned the complainant and stated that he would soon remarry.
32.That the complainant is residing at her parental home and facing hardship in maintaining herself, as she has no source of income to fulfil the necessities of life. The complainant is not working, and her husband owes her the duty of maintenance but has failed to discharge it; instead, the complainant is totally dependent upon her aged and poor parents, who themselves are not working. A copy of the Aadhaar card of the complainant is annexed herewith as ANNEXURE-E.
33.That the complainant was subjected to ill-treatment and placed in extremely grave and uninhabitable circumstances by her husband. She was abused and subjected to a torturous state of affairs; she was harassed, continuously rebuked, and tortured both physically and mentally. She was repeatedly abused in every manner and was ultimately compelled to become dependent upon her parents.
34.That immediately after the marriage, the respondents subjected the complainant to every form of cruelty, including beatings and physical thrashing, and thereafter subjected her to further physical and mental cruelty and harassment, more particularly for the purpose of extracting more and more dowry and other related articles, because the respondent had been selected in the UP Police. It is pertinent to mention that, owing to the extremely unpleasant treatment meted out to her and the denial of any monthly allowance, the complainant was forced to vacate the rented accommodation and move to her parents' home. It is further pertinent to mention that the in-laws of the complainant have not returned the entire dowry and stridhan articles which were entrusted to them and which remained in their possession and control, despite repeated demands for their return. Thus, all of them have committed offences under various provisions of law. The complainant was never able to lead a happy married life with the respondent.
35.That the complainant's entire stridhan and dowry articles remain in the custody of the respondent and his family, and they have not been returned to the complainant despite her repeated requests. The respondents are misappropriating the said articles and are repeatedly threatening the complainant and her family members.
36.That the complainant became a victim of the mental and physical torture inflicted upon her by her husband and in-laws on account of her non-fulfilment of their illicit demands, and further suffered a fraud and breach of trust committed upon her by her husband and her in-laws. The acts committed by the respondents fall within the definition of domestic violence as enshrined in the Act.
37.That respondent No. 1 has been openly threatening the complainant and her family members with elimination, and has stated that thereafter he would soon remarry. The complainant reserves her right to lodge a criminal complaint against the respondent and his family members in respect of the said threats.
38.That the complainant has been residing in Delhi since the date on which she was abandoned by the respondent, and the complainant also resides within the territorial jurisdiction of this Hon'ble Court. Hence, this Hon'ble Court has the power to entertain and try the present petition.
PRAYER
It is, therefore, most respectfully prayed before this Hon'ble Court to take cognizance of the complaint/Domestic Incident Report, and this Hon'ble Court may be pleased to:
A. Pass protection orders under Section 18 and/or:
-Prohibit acts of domestic violence by granting an injunction restraining the respondents from repeating any of the acts mentioned in the application.
-Direct the respondents to stay away from the complainant and her parents.
B.Grant monetary relief under Section 20:
-Direct the respondent to pay monetary relief of Rs. Monthly monetary relief sought (₹)/- (Monthly monetary relief in words only) per month.
-Direct the respondent to pay Rs. Litigation charges sought (₹)/- towards litigation charges.
C.Pass a compensation order under Section 22:
-Direct the respondent to pay an amount of Rs. Compensation amount sought under Section 22 (₹) (Compensation amount in lakhs lakhs only) towards compensation for damages under the Protection of Women from Domestic Violence Act, 2005.
D. Direct the respondents to hand over the goods, clothes, articles and belongings of the complainant which are still in the custody of the respondents.
E. Pass such interim orders as this Hon'ble Court may deem just and proper.
F. Pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, for the protection of the aggrieved person from domestic violence and in the interest of justice.
Complainant / Aggrieved Person
VERIFICATION
Verified at New Delhi on this Date of verification of main application affidavit day of Month of verification of main application affidavit, 2021, that the contents of the above affidavit are true and correct to my knowledge; no part thereof is false and nothing material has been concealed therefrom.
DateComplainant / Aggrieved Person
New DelhiThrough,
COUNSEL
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS, NORTH-EAST DISTRICT, DELHI
CT. CASE NO. Case number (supporting affidavit)/Case filing year (supporting affidavit)
IN THE MATTER OF:
Complainant's name (supporting affidavit)…COMPLAINANT
VERSUS
Respondents' names (supporting affidavit)….RESPONDENT
AFFIDAVIT
I, Ms. Deponent's name (main affidavit), W/o Sh. Deponent's husband's name, R/o H. No. Deponent's residential address (main affidavit), the deponent, do hereby solemnly affirm and declare as under:
1.That the deponent is the complainant in the abovementioned case and is filing the present complaint. She is well conversant with the facts and circumstances of the present case and is therefore competent to swear this affidavit.
2.That the contents of the accompanying complaint have been drafted by my counsel, and all the legal averments therein are true and correct to my belief, which is based on legal advice received and believed to be correct.
3.That I have gone through and understood the contents of the complaint, and I state that the facts stated therein are true and correct to my knowledge.
DEPONENT
VERIFICATION
Verified at New Delhi on this Date of verification of main affidavit day of Month of verification of main affidavit, Year of verification of main affidavit, that the contents of the above affidavit are true and correct to my knowledge; no part thereof is false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS, NORTH-EAST DISTRICT, DELHI
CT. CASE NO. ……/Case filing year (interim relief affidavit)
IN THE MATTER OF:
Complainant's name (interim relief affidavit)…COMPLAINANT
VERSUS
Respondents' names (interim relief affidavit)…RESPONDENT
AFFIDAVIT UNDER SECTION 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
I, Ms. Deponent's name (interim relief affidavit), W/o Sh. Deponent's husband's name (interim relief affidavit), R/o H. No. X-X, Street No. X, Deponent's street and locality, Delhi, Deponent's district and state, the deponent, do hereby solemnly affirm and declare as under:
1.That the deponent is the Complainant/Applicant in the accompanying application filed under the relevant sections of the Protection of Women from Domestic Violence Act, 2005. The contents of the complaint may be read as part and parcel of the present application, and the same are not being repeated herein for the sake of brevity. The applicant craves leave to refer to the same at the time of arguments.
2.That, being conversant with the facts and circumstances of the case, I am competent to swear this affidavit. The accompanying application has been drafted by my counsel under my instructions, and the contents thereof have been explained to me in the vernacular; the said contents are true and correct.
3.That the stridhan articles are under the care and custody of the respondents.
4.That the details provided in the present application for the grant of relief under Sections 18, 19, 20 and 23 have been furnished by the applicant under my instructions through counsel.
5.That the contents of the application have been read over and explained to the applicant in English/Hindi.
6.That the contents of the said application may be read as part and parcel of this affidavit and are not repeated herein for the sake of brevity.
7.That the applicant apprehends a repetition of the acts of domestic violence by the respondents, against which relief is sought in the accompanying application.
8.That the applicant apprehends a repetition of the acts of domestic violence by the respondents, against which relief is sought in the accompanying application, because the respondents have threatened the applicant that she will be eliminated at any point of time.
9.That the reliefs claimed in the accompanying application are urgent in nature, inasmuch as, if the said reliefs are not granted on an ex-parte ad-interim basis, the applicant would suffer great financial hardship and would be compelled to live under the threat of repetition or escalation of the acts of domestic violence complained of in the accompanying application by the respondents.
10.That the facts stated herein are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION
Verified at Place of verification of interim relief affidavit on this Date of verification of interim relief affidavit day of Month of verification of interim relief affidavit, Year of verification of interim relief affidavit, that the contents of the above affidavit are true and correct to my knowledge. No part thereof is false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF Name of the court
CT. CASE NO. Case number (list of documents)/Case filing year (list of documents)
IN THE MATTER OF:
Complainant's name (list of documents)…COMPLAINANT
VERSUS
Respondents' names (list of documents)……RESPONDENT
LIST OF DOCUMENTS
| S NO | PARTICULARS | PAGE NO |
| 1. | Copy of marriage photograph |
| 2. | Copy of marriage card |
| 3. | Copy of written admission on stamp paper by the respondent |
| 4. | Copy of complaint to the police against the respondent |
| 5. | Copy of identity proof of the complainant |
DateCOMPLAINANT
Place of verification of interim relief affidavitTHROUGH,
COUNSEL
Counsel's law firm name (list of documents) & ASSOCIATES
Office No. Law firm office number, Law firm office street and locality,
Law firm office city-Law firm office PIN code, Mob. Law firm mobile number (list of documents)
Email: Law firm email username (list of documents)@yahoo.in