Evidence affidavit of complainant in domestic violence matrimoniaI cruelty case
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IN THE COURT OF Presiding judge's name, LD. M.M. (MAHILA COURT), SOUTH-WEST DISTRICT, DWARKA COURTS,
NEW DELHI.
MC NO. Maintenance case number OF Year of case filing
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
VERSUS
First respondent's name-Respondents 2-4 names: RESPONDENTS
EVIDENCE BY WAY OF AFFIDAVIT OF THE COMPLAINANT (CW-1)
AFFIDAVIT OF MRS. Deponent's name, W/O SH. -----------, AGED ABOUT Deponent's age YEARS, PRESENTLY RESIDING AT Deponent's address, NEW DELHI, DO HEREBY AFFIRM AND DECLARE AS UNDER:-
1.That I am the complainant in the above-said case; I am fully conversant with the facts of the case and competent to swear the present affidavit.
2.That the marriage between the Deponent and the respondent was solemnised according to Hindu rites and ceremonies on Date of marriage at New Delhi with due pomp and show.
3.That after the marriage, the Deponent and respondent No. 1 lived together as husband and wife, and the marriage was duly consummated at the matrimonial home.
4.That the Deponent's parents spent considerable sums from their personal sources and from relatives to meet the marriage expenses and the demands of her in-laws. The Deponent's parents also spent on dowry articles and gifts at the marriage reception, thereby incurring a total expense of Rs. Total marriage expenses (₹ lakhs) Lacs/-.
5.That a few days after the marriage, the Deponent's sufferings commenced when respondent No. 1 and respondent No. 2 ill-treated her and harassed her for not bringing dowry in accordance with their expectations. That the Deponent suffered atrocities committed by her husband and his family members, namely Mother-in-law's name (mother-in-law), Father-in-law's name (first mention) Father-in-law's name (second mention) (father-in-law) and Sister-in-law's name (sister-in-law).
6.That all the respondents neglected, abused, taunted and committed cruelty upon the Deponent out of greed for dowry, and caused physical and mental cruelty to the Deponent and her parents.
7.That the Deponent was subjected to multiple incidents of atrocities and violence, and of physical and mental cruelty and harassment, committed by her husband and his family members.
8.That for a few weeks after the marriage everything remained normal, but upon the intervention of the husband's Bhabhi, Bhabhi's name (respondent no. 4) (respondent No. 4), respondent No. 1 began to torment the Deponent on the ground that less dowry had been given. That respondents No. 1, 2 and 3 (i.e., the husband, the mother-in-law, Mother-in-law's name (second mention), and the Bhabhi, Bhabhi's name (second mention)) jointly harassed and ill-treated the Deponent on a daily basis, and their conduct was consistently taunting and abusive for not receiving a BIKE and an A.C., all in collusion with one another.
9.That respondent No. 1 (husband), the mother-in-law, Mrs. Mother-in-law's name (third mention), the father-in-law, Father-in-law's name (third mention), and the sister-in-law (Bhabhi), Bhabhi's name (third mention), in collusion and with common intention, caused physical and mental cruelty to harass the Deponent and coerced her in pursuit of their demand for dowry. Initially, they succeeded in extracting Rs. Amount extracted as dowry (₹)/- within the first three months of marriage from the Deponent's parents during her visits to her parental home. However, when the Deponent refused to accede to their illegal demands, she was badly beaten by her husband for the first time in the first week of Month of first beating, with the support of all the above-named respondents, and was left in agony, pain and tears.
10.That on Date of coming to parental home, the Deponent came to her parental home in Delhi with her parents for a few days. At that time, the Deponent was three months pregnant. Her parents invited respondent No. 1 to Delhi on Date husband was invited to Delhi, and when respondent No. 1 was informed of the pregnancy in Delhi, on Date of administering abortion medicine, the very next day, respondent No. 1 gave the Deponent a medicine and insisted and pressed her to consume it, thereby cheating her by administering a medicine intended to abort her three-month pregnancy, an act punishable under law. Respondent No. 1, under the pretext of the Deponent's good health, represented that the said medicine was beneficial for the health of the Deponent and her unborn child. That soon after consuming the said medicine, the Deponent's health began to deteriorate, and her mother took her to a private doctor's clinic at Location of doctor's clinic, Delhi, on Date of visit to doctor.
11.That the doctor examined the Deponent and informed her that she had suffered a miscarriage, and the Deponent told the doctor that her husband had given her a tablet after which she felt unwell and came to the clinic. The Deponent suffered the miscarriage solely due to the medicine administered by respondent No. 1. When the Deponent attempted to speak to respondent No. 1 about it, he ignored her questions and returned to Himachal on Date husband returned to Himachal, to the matrimonial home, leaving the Deponent alone in pain and agony at her parental home.
12.That the Deponent thereafter came to know that her husband had come to her parents' home in Delhi with the sole intention of aborting her three-month pregnancy at the instance of his Bhabhi, respondent No. 4. After Duration after which in-laws stopped contact, the Deponent's in-laws and her husband never bothered to contact her or enquire about her health, which came as a great shock to the Deponent and her parents. Thereafter, the real intentions and true conduct of all the respondents stood revealed, and with the intervention of common relatives, in Month of return to matrimonial home, the Deponent returned to her matrimonial home in Himachal along with her mother, where she was not welcomed, and soon the same ill-treatment resumed against her on a regular basis. The Deponent was not provided proper food or the basic necessities of daily life by respondent Nos. 4 and 1.
13.That on Date of demand for AC and bike, at the instance of respondent Nos. 4 and 1, the Deponent was asked where the A.C. and the Bike were, and it was further said that, "Words spoken during AC/bike demand". Thereafter, the Deponent was slapped by her husband, while the mother-in-law and the Bhabhi stood by and continued to support respondent No. 1.
14.That before the marriage, respondent No. 1 had told the Deponent's parents that he was earning Rs. Husband's claimed income (₹)/-; however, after the marriage, he never gave the Deponent a single paisa for day-to-day expenses and never purchased for her a single item of daily necessity. All the members of the matrimonial home continued to ill-treat the Deponent and subjected her to mental torture.
15.That on Date of confinement in room, the Deponent was forced to confine herself to a room, and was thereafter locked in a room in the basement of the matrimonial home. She was starved for long hours and given food and water only once in 24 to 30 hours; even the washroom was not accessible to her. The Deponent's life at the matrimonial home was one of constant suffering. The complainant repeatedly requested all the respondents (her mother-in-law, Bhabhi, father-in-law and husband) for mercy, and asked for food, water and freedom of movement in the matrimonial home, but no one heeded her requests, and her life continued as that of a prisoner in hell.
16.That all the above-named persons did not permit the Deponent to leave that room, treated her like an animal and served food to her as one would to an animal. They cut off the electricity supply to the room and kept the window closed, leaving the room completely dark and hot. When the Deponent shouted and begged for food, her husband, his Bhabhi and her mother-in-law beat her several times mercilessly. She continued to suffer cruelty and torture at the hands of her husband and his family members.
17.That the mother-in-law (Mother-in-law's name (fourth mention)) of the Deponent used to say, "Words spoken by mother-in-law", and at her instance, the husband and his Bhabhi used to beat the Deponent. Respondent Nos. 1, 2 and 4 (the husband, the mother-in-law and the sister-in-law, Sister-in-law's name (fourth mention)) snatched all her jewellery and valuables worth Rs. Value of snatched jewellery (₹), which had been given by her parents and relatives. Whenever the Deponent attempted to inform her parents of this cruelty over the telephone, her phone was snatched away by her husband. On Date diary was torn, respondent No. 1 (husband) also snatched and tore up the Deponent's diary, in which she had recorded all the cruelties, harassments, dowry demands and painful incidents.
18.I further state that Respondent No. 1 (the husband) consumed and tried all types of intoxicants and remained in a state of intoxication, in which state he used to beat the Deponent mercilessly over petty issues. The Deponent's mobile phone was also damaged by him, as a result of which her parents were unable to contact her. Her parents therefore requested the Deponent's Massi (maternal aunt) and Mama (maternal uncle), who reside near the matrimonial home of the Deponent. The said relatives came to the matrimonial home to enquire after the Deponent's well-being and to ask why her in-laws were not answering their calls. The Deponent's Massi and Mama came to the matrimonial house on Date of Massi and Mama's visit and informed the parents of the Deponent in Delhi, over the telephone, that "Words reported by Massi and Mama". The Deponent's Massi and Mama also took photographs of the Deponent and sent them to her parents. Thereafter, the Deponent's parents regularly telephoned all the Respondents, but they did not respond to any of the calls.
19.I further state that during the period of lockdown, the brother-in-law (Jeth) of the Deponent passed away at night, whereupon the entire family of Respondent No. 1 shifted to another place at about 8–9 p.m., leaving the Deponent alone in the locked room. The Deponent was dropped at her Massi's home the following morning at about 4–5 a.m., and upon her enquiry as to what had happened, Respondent No. 1 did not respond. After a week, Respondent No. 1 came and took the Deponent back to his home, where she was again confined and locked in the same room. Respondent No. 1 used to administer sleeping pills to the Deponent, as a result of which she would remain lying in an animal-like condition. When the parents of the Deponent asked Respondent No. 1 why she had been locked in a room, he flatly denied having locked her in the room and, in retaliation, filed a complaint against the Deponent alleging that she had sought to implicate him in a suicide case. When the police came to the matrimonial home, Respondent No. 4, the Deponent's sister-in-law, immediately unlocked the room and told the Deponent not to open her mouth, warning her that she knew the consequences and should do as they said. The Deponent was then made to stand before the police officials, and certain papers were got signed from her, and she was warned "Words of warning by police". Thereafter, the Deponent was again locked in that room. The Deponent secretly narrated the entire incident to her parents when they telephoned her in-laws and enquired about the incident, but all the Respondents flatly denied that any such incident had taken place and further abused the parents of the Deponent. The parents did not desist, and contacted the village Pradhan, whereupon all the Respondents admitted the truth and said "Words spoken to village Pradhan"; this fact was never within the knowledge of the Deponent. Thereafter, the father and brother of the Deponent immediately came to the matrimonial home and attempted to resolve the issues, but Respondent No. 1, the husband, refused to talk, abused the father and brother of the Deponent, and used filthy language against the Deponent in their presence. Thereafter, the Deponent's father took her back to Delhi in order to save her life from the atrocities of all the Respondents and their constant dowry demands.
20.I further state that during her entire stay at the matrimonial home, the Deponent was not given a single penny to meet her day-to-day expenses, and her life became miserable in the matrimonial house owing to the acts of all the Respondents. All the above-named persons threatened the Deponent that her husband and in-laws would attack her father, brother and other family members. All the Respondents used to beat, taunt and humiliate the Deponent, and Respondent No. 1, by deception, administered aborting pills to the Deponent, as a result of which her Duration of pregnancy (e.g., 3 months) pregnancy was aborted and her matrimonial life was ruined by Respondent No. 1 and all the other Respondents. All of them committed these acts deliberately and intentionally in order to force the Deponent out of her matrimonial home.
21.I further state that the Deponent is unable to set out every detail of the atrocities committed by her husband and his parents and sisters-in-law, and the Deponent therefore reserves her right to furnish additional details before Your Ladyship/the Police Officer/Protection Officer during the investigation.
22.I further state that the parents of the Deponent gave gold jewellery worth ₹ Value of gold jewellery / stridhan (₹) and other articles, i.e., stridhan, to the Deponent, which are in the custody of all the accused persons, and the total amount spent is ₹ Total amount spent (₹). Owing to the acts of cruelty committed by all the Respondents, the Deponent is compelled to file this complaint so that appropriate action may be taken against all the Respondents. The entire jewellery, clothes, valuables and necessary belongings are lying in the matrimonial home of the Deponent, as she was thrown out with only two sets of clothes, and since then she has not been permitted to enter the matrimonial home.
23.I further state that the entire jewellery and stridhan are being illegally retained by her husband and mother-in-law, and despite the Deponent's repeated requests, both have refused to hand over the same, stating that they will not return the jewellery, stridhan and clothes at any cost.
24.I further state that a complaint has already been registered at the CAW Cell, and an FIR under the provisions of Sections 498-A/406 IPC has already been registered.
25.I further state that the Deponent was forced by Respondent No. 1 to leave the matrimonial home on Date of being thrown out of matrimonial home, and the acts of cruelty committed by the Respondents are adversely affecting the Deponent's mental health.
26.I further state that while the Deponent was living in the matrimonial home with her husband, Respondents No. 2 and 3 and Respondent No. 4 all shared the same kitchen, meals and basic amenities at the matrimonial home of the Deponent. During her stay at the matrimonial home, all the Respondents constantly complained that insufficient dowry had been given, and subsequently took every opportunity to harass and pressurise the Deponent for Items demanded in dowry.
27.I further state that till date, the Respondents regularly make adverse comments about the Deponent and her parents to common relatives, hurl abuses, make allegations against the complainant's character and cast aspersions upon the character of the Deponent.
28.I hereby state that whatever is stated hereinabove is true and correct to the best of my knowledge and belief.
DEPONENT
VERIFICATION
Verified at Place of verification on this Date of verification day of June, Year of verification, that the contents of paragraphs 1 to 28 of my above evidence affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT