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IN
THE COURT OF CHIEF METROPOLITAN MAGISTRATE, GHAZIABAD, UTTER PRADESH
COMPLAINT
NO________/20XX
IN
RE: -
XXXXXXX Complainant
V/s
XXXXXXX Respondents
INDEX
S.No. Particulars Page No. Court Fee (Rs____)
1 Memo of Parties
2 Application under section 12 of the
Domestic Violence Act, 2005 along
with the affidavit of the complainant
3. List of Witnesses
3. List of Documents
4. Vakalatnama.
Date:
Complainant/Aggrieved Person
Place: Through
Counsel
XXXXXXX & Associates Office no. X, XXXXXX
XXXXXXXXXXXXXXX
Mob-XXXXXXXX
IN
THE COURT OF CHIEF METROPOLITAN MAGISTRATE, GHAZIABAD, UTTER PRADESH
COMPLAINT
NO._____/20XX
IN
RE: -
XXXXXXXXX Complainant
V/s
XXXXXXXXX Respondents
MEMO OF PARTIES
XXXXXXXXX
W/o
XXXXXX
R/o
XXXXXXXXXX Complainant
Versus
1.
XXXXXXXXX
W/o XXXXXX
R/o XXXXXXXXXX Respondent no.1
2.
XXXXXXXXX
W/o XXXXXX
R/o XXXXXXXXXX Respondent
no.2
3.
XXXXXXXXX
W/o XXXXXX
R/o XXXXXXXXXX Respondent no.3
Also
at: -
R/o XXXXXXXXXX
Date: Complainant/Aggrieved Person
Place: Through
Counsel
IN
THE COURT OF CHIEF METROPOLITAN MAGISTRATE, GHAZIABAD, UTTER PRADESH
COMPLAINT
N. ______/20XX
IN
RE: -
XXXX Complainant
V/s
XXXX Respondents
APPLICATION
TO THE MAGISTRATE U/S 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT
2005
Most
Respectfully Showeth:-
1.
That the marriage of complainant and
respondent No.1 was solemnized on dated Xth XX, 20XX,
according
to Hindu rites and customs at ______, _________.
2.
That the Respondent no.1 is husband, Respondent
no.2 is father-in-law and Respondent no.3 is Mother–in–law of the Complainant.
3.
That the parents/guardian of the
complainant had spent about more than Rs_____ lacs approx on the marriage and
it was celebrated with pomp and shows. In the marriage, huge cash, other gifts,
clothing and gold ornaments etc were given by the parents of the complainant.
Dowry Articles, Istridhan including jewellary of the complainant are in the
custody of Mother-in-law of the complainant.
4. That after the Solemnization of marriage, the above-named in-laws started harassing and taunting the complainant that her parents have not given sufficient dowry as per their expectation and as per their standard and status, while the parents of complainant spent huge amount of money in the marriage. This act and behavior of the respondent no. 1 to 3 had caused great mental tension, physical trauma to the complainant.
5.
That In the marriage of Complainant, the
parents spent beyond their capacity and they presented all the items in the
dowry including Jewellery ornaments, furniture, electrical appliances,
utensils, clothes etc at the time of marriage and they spent approx. more than
Rs_______ (lacs) on the marriage of the complainant and after the marriage the
complainant has been tortured for not getting dowry item as per their demand.
6.
That after the marriage was solemnized,
the complainant and respondent no.1 came to in STATE NAME at __________________,
and the respondent no.2 & 3 also came with respondent no.1 for time to time
at __________.
7.
That on XX.0X.20XX, complainant and
respondent no.1 shifted in ____________.
That on XX.0X.20XX in the mid-night celebration of Valentine’s Day with
the complaint, respondent no.1 offered a drink (Wine) to the complaint but the complainant
denied after that respondent no.1 showed his ex-girlfriend’s video, when he was
working in Rapid Metro. After Valentine’s Day, complainant came to know that
respondent no.1 is a regular drinker (wine & whisky) and also started
forcing to complainant to drink and respondent No.1 said that since respondent
no.1’s friends’ wife used to take drink then she should also take wine and whisky.
8.
That for few days, complainant was not able
to have physical relations with respondent no.1, since he used be drunk so much
that he tortured physically to complainant and behaved like animal and done
unnatural sex and always demanded to do oral sex with the complainant and that
is why she did not make relation as husband and wife and respondent no.1
conveyed the same to respondent no.2 & 3 “woh mere saath relationship nahi
bana rahi hai” and this kind of behavior was not expected by complainant from
respondent no.1.
9. That on XX. 20XX, complainant’s leg fractured due to respondent no.1 beaten her badly and he pushed so hard to complainant to the wall and complainant’s one of leg got fractured and doctor suggested to take bed rest therefore and during that bed rest time also, the respondent no.1 forcefully made an unnatural relationship (guda maidun) & also compelled for oral sex with complainant. After that, the complainant was not in this condition to adjust with respondent no.1 and she went to her parents’ house. Therefore, Respondent no.1 called to complainant’ father and said “Apki beti mere saath sex nahi kar rahi hain” complainant’s father remained silent for some time and did not expect the same from son in law in front of all the family members and respondent No.1 also said “mujhe car lena hain toh car book karne ke liye aur paise do”. After this incident complainant’s father suffered minor heart attack and he was hospitalized. That the respondent no.1 neither wish to see complainant’s father nor asking about his health over phone call to complainant. When complainant’s father discharged from hospital and back home then respondent No.1 called complainant’s father and said “XXXX me iske cousin brother ki shadi hain Ranchi, me toh isko direct wahin bheje, XXXX nahi bheje”
10. That the respondent no.1 used to threatened complainant “abhi aisa kar liya hai aage aisa hua to tumhare saath kitna bura hoga tumko bhi koi andaza nahi hain is baat ka”. Even if the complainant went to Delhi for job interviews, the interview is going on and complainant not picking up the phone then respondent no.1 said “phone uthalo varna aaj jo haal hoga tumhara tumhe idea nahi hain”.
11. That
the respondent no.1, always drunk (whisky) every day and made unnatural physical
relationship & oral sex and i.e put his male organ in the mouth of
complainant and the same happened even in her menstruation period days also, which
is inhuman behavior of respondent no.1 and if complainant denied for Physical
relationship in the night then respondent no.1 usually canceled all next day
plans like planned for watching movie, shopping and for Dinner and said “agar
relation banane me pati ko khush nahi kar sakti ho ghar pe baitho” and respondent
no.1 was so shameless that he even made a call to complainant’s parents sometimes
and said “XXX ko bol dijiye mere saath relation banana hai to jaisa me kahta
hun pati patni ka rishta waisa hi hoga, wo bahut jyada thandi hai aur sex me
bilkul support nahi karti hai”.
12. That
after the marriage, on first Holi Festival respondent no.1’s parents/respondent
no.2 & 3 came to XXX and stay for few days and after that went to Dehradun,
Uttrakhad and after that trip, one day when complainant brooming the room then found
lady’s sandal then the complainant showed the same to respondent no. 2 & 3
and the father in law of complainant said that “teri saas tere liye hi layee
hai abhi bazaar se” while the fact was, she alone never went to market for
shopping and after that incident complainant came to know that the respondent
no.1 having illicit relation and when complainant saw the mobile phone of
respondent no.1 then she saw so many messages and call of XXXXX and complainant
made a call to XXX and asked about the relationship of Respondent No.1 and she
said that she is the girl friend of respondent no.1 and both were going to
married soon and the girl XXXX was not aware that respondent no.1 was married
to complainant and this incident made the life of complainant hell and the
complainant was badly beaten by respondent no.1.
13. That
on XX 20XX, respondent no. 2 & 3 came to respondent no.1’s house at XXXX,
they both further went to Dehradun, Uttrakhand and respondent no.2 & 3
tortured to the complainant that “ki tere parents pital ka jewellery de diye hain or XXXX ko itna halka chain diye
hain ki kahin humara beta pehen ke bhi nahi ja sakta hain who, bekar ka bete ki shadi kar di, 2 saal baad
bete ki shadi karte hum bahu ke naam par bas surat mila hain gunn ke naam par
kuch nahin hain is ladki me”
14. That
on XXXX 20XX, on Diwali time complainant and respondent no.1 went to Bokaro,
because of respondent no.1’s nani funeral ceremony. That respondent No.1 booked
the train tickets through “Purshottam Express”. That during the festive season,
the train was fully crowded and complainant said to respondent that she was not
feeling safe in the train but respondent no.1 did not pay attention then
complainant came out from the train, and respondent no.1 was angry and respondent
beaten complainant in front of all the passenger at platform and from XXX to
Bokaro, she was being tortured by respondent no.1 and when the funeral ceremony
finished, complainant was forced to go to her parents’s house and the complainant
went her presents house, attended chath Puja and returned to XXX.
15. That
on XX.XX, responded no.1 made false allegations on complainant that she was having
an affair with her Brother-in-law in front of all the neighbours and after this
incident complainant stopped to talk to her brother-in-law because respondent
no.1’s family did not like it. That the respondent no.3 mother-in-law said to
complainant that “teri shadi ho gayi hai aur tum apne parents se bhi baat nahin
karna zyada or na ki kisi friends se aur jija se to bilul nahi”.
16. That
the complainant did everything as said by respondent no.1,2 & 3 and still whenever
the complainant going to the respondent’s relative house and complainant talked
to them with a smile then, respondents felt not well and after returning home respondent’s
family asked that “tumhare waah pe kis-kis se kya baat huyi, tumne wah pe aisa
kyun bola”.
17. That
in the year of 20XX, when the complainant was sure about respondent no.1 having
an affair with XXXX then complainant gave a warning to respondent no.1 to
finish it off otherwise the same relation could not continue then respondent
no.1 beaten mercilessly entire night to the complainant at home, XXX, XXXXXX
and when the complainant was injured so much after the said beatings then
complainant gave a call to her parents and decided not to tolerate respondent
no.1’s behavior this kind of behavior and complainant went to her parent’s
house.
18. That
in XX, XXX respondent no.1 came to complainant’s parent’s house and promised
her that he would not continue his relationship with XXX anymore and also
respondent no.1 deleted XXX’s contact number from his phone and thereafter, in
the month of XXX complainant came to XXXX with respondent no.1 and on that time
complainant and respondent no.1 shifted their new House XXXXXXXXXXXX XXXXXXXXXXXXXXXX.
19. That
few days, things were normal and again after a few days, respondent no.1 forced
the Complainant to get the job and said”kuch bhi ho ghar se bahar niklo aur
kamakar lao” when complainant could not do anything then respondent no.1 harrassed
her mentally, beaten her physically every day for the simple reason that she
not working and again said that “tujhse se to XXXX good hai tera patta saaf
hone wala hai” and then the complainant realized that the respondent no.1 was
still in touch with XXX and the relation was continued and on that day, the
complainant left all the hopes from respondent no.1.
20. That respondent no.1 after
the above incident, respondent no.1 made an allegation of theft upon the complainant
and that too for house items and money, and respondent no.1 gave calls to all
the family members of the complainant.
21. After all these incidents, things
were so disturbed but the complainant did not leave hope for a happy life and
hope for everything good in the future the complainant was not correct and respondent
no.1 did not stop her beating and this continue for months, years at XXX and
sometimes, the family members of complainant interrupted but the respondent
no.1 was so adamant that he never listened to anything from anybody and
continued to do unnatural sex, oral sex with complainant and the respondent
no.1 was so horny kind of person that he always showed blue(sex) films to the
complainant and said to her to do same as happended in blue(sex) films and
whenever she denied to do so, the complainant was beaten by respondent no.1 at XXX,
XXX.
22. That on XX 0X, 20XX, on the marriage of
respondent no.1’s sister that the complainant called the parlor for make-up
then respondent no.1 and his family start taunting to the complainant that “ki
kyun bulaya tumne parlour wali ko ready hone ke liye aur boli ki paisa kya tera
baap aakar dega”
That the respondent no. 2 & 3 were so much of greedy that they
demanded for Rs.XX lakhs from complainant and said “apne ghar phone karke
magaa, XXX ne bahut kah liya ab hum kah rahe hain” and also said to complainant
that “tum XXX ko baatein mat btaya karo apne ghar main” and when Complainant
denied to call her parents then respondent no.2 & 3 quarrelled and beaten
with iron road to complainant and when complainant conveyed the same to her
parents then they gave Rs. _____ lakhs to the respondent no.2 & 3 and
showed her inability to do more and now when the respondent no.2 was known to
facts of the complainant’s house that the complainant’s parents not able to
give money then respondent no.2 changed his ways and one day, when respondent
no.1 and 3 were not at home then he imposed him upon and tried to do
intercourse with her and so many things done on that day, the complainant lost
the faith on him as father figure and the same incident convey by complainant
to her parents and parents asked the complainant not to lodge any police
complaint and they were coming to XXXXX and the complainant narrated the entire
ordeal to parents in front of respondent no.1 but the respondent no.1 was not
able to believe her and said to her parents that complainant, a characterless
lady, who could blame to anybody and parents of complainant left the XXX with
complainant.
23.
That in the year, XX, before Diwali, the respondent no.1 came to the
complainant’s parental house and asked sorry for all the things done and
requested him for all the act done in the past and ready to give a written
apology since there were Diwali festivals and the parents had a discussion with
all other family members and decided to send the complainant with respondent
no.1 and after reaching Ghaziabad, the complainant & respondent fought with
each other and in between, respondent no.1 pushed the complainant from stairs
and as a result, the complainant injured badly and got fractured and the
respondent no.1 was so mean that he said that “tumhare pass mera credit Card
hai, tum khud chali jaao Doctor ke pass mere pass time nahi hai tumhe le ke
jaane ka”.
24.
That after Diwali respondent no.1 resigned from the job at XXXX. XX.
after that he joined XXXX, X within 10 days he fired from this office. that respondent
no.1 was jobless till February 2018 and respondent no.1 asked for money for Rs.
__________ lakhs and the complainant’s parents Rs.
____ lakhs to respondent no.1.
25.
That in February 20XX, respondent no.1 joined XXXXXX XXXXXXX , XX
and he also selected XXXXX and the respondent no.1 wanted to join XXX. and he
gave an excuse in Kent RO System Ltd. that “meri wife marne marne pe hain usko
main vellore le kar jana hain”.
26.
That in XX 20XX, Complainant got the WhatsApp regarding the
telephonic conversation between Respondent no.1 and XXX, and the same recording
was sent by XXX’s husband to so many persons after getting the recording, the Complainant
got to know that XXX is now married and her husband is so much of tense that
his wife having extra-marital relation with respondent No.1 and the WhatsApp
recording was “main tum se shadi tab karunga jab tum apne pati ko divorce de
dogi” and the complainant also got the information that respondent no.1 having
other love affairs with other women likewise Ms. XXX, she was his batch mate,
Ms. XXX, she was his client when respondent no.1 was working in XXXX.
27.
That in the month of XX XXX, respondent no.1 returned from his
aunt’s house with complainant then respondent no.1 tried to push her from the
car and said “sali kutti main tujhe fek dunga car se” When the complainant told
about this to respondent no.3 mother in law she said that “mara to nahi na mere
bete ne tumko”.
28.
That the husband of the complainant
was very rude & cruel towards her putting a knife on the neck of complainant
and extended threat that if she would go there to make a complaint to the police
then she would be killed and as a result complainant had several marks of
injury on her body and this kind of behavior of respondent no.1 was worsen when
he threw hot oil on the right hand of the complainant and respondent no.1 also
attacked on her & given a wound through knife on her left-hand wrist.
29.
That one night about 2:00 am,
the father-in-law of complainant tried to outrage her modesty and when she made
hue and cry about the incident to her husband then the father in law along with
husband had given severe beaten to her and extended threat not to disclose the incident
to anyone otherwise she would be killed.
30.
That the respondent no.1/husband
beat her in a bolted room very badly at her home in XXXX on that day, she gave
a call to police and police came but they did not do anything and after the
police went, the respondent no.1 threw her from matrimonial house and said
“police hi tujhe apne paas rakhegi ja jakar police station me hi rah” and did
not allow her to home at XXXX and said “ ye makan mere naam aur mere baap ke
naam joint ownership me hai aur me tuhje abhi ghar se nikal raha hun, ja apne
baap ko bol ki naya makaan lekar de” and expressed his evil intentions and
designs to remarry with XXX and next day, respondent no.1 called 3 persons to
show the premises to sell and said to the complainant that “me ye makan bechkar
dilli se bahar chala jaunga ja tujhe jo karna hai kar lena” and now respondent
no.1 interested to sell the house of complainant, where she is residing at
present.
31.
That the complainant was
shocked of the said conduct of her husband for the lust and greed of fetching
more dowry articles inflicted mental and physical cruelties and torture upon
the complainant.
32.
That the complainant’s entire
istridhan/dowry articles are in the custody of her husband, who is
misappropriating the same and repeatedly threatening the complainant and her
family members.
33.
Respondent no.1 has been openly
threatening to her and her family members of elimination from the world. The complainant
reserves her right to lodge a criminal complaint against the respondent and his
family members about the same.
34.
That the complainant has been facing
hardships to maintain herself as she is having no source of income and money is
required for food, clothing, etc. it s submitted here that respondent no.1 is
living alone in the above-mentioned address at XXX and the respondent no.1 left
her abandoned and said that he would soon marry with XXX.
35.
That all her istridhan article and
belongings are lying with respondent no.3, which have not been returned by the
respondent no.3 despite repeated requests made by complainant.
36.
That the Complainant is unable to
maintain herself and respondent no.1 has willfully neglected the complainant and
has failed to maintain herself.
37.
That respondent no.1 has no other
liability except the complainant as his father is retired from Govt Job and getting
a pension and his mother is also Govt employee working as a teacher and getting
a good salary. The respondent works as Export Manager in XXXXX and gets more
than Rs. _________ -/- per month salary and also having one Car, Bike, Club membership,
enjoying his life lavishly and the complainant is entitled to claim maintenance
of Rs. ______ /- per month from the respondent no.1.
38.
That the complainant resides at the above-noted
address from last so many years and all the incidents i.e beatings, mental
cruelties, physical cruelties, dowry demand etc happened in the same premises
under the jurisdiction of this Hon’ble Court and also the complainant &
respondent No.1 residing within the territorial limits of P.S- XXXXXXXXX
XXXXXXXX, Hence this Hon’ble court has territorial jurisdiction to entertain
& try the present petition.
39.
That the acts committed by the
respondent come within the definition of domestic violence as enshrined in the
Act hence this application.
It is therefore prayed
that the Hon’ble Court may take cognizance of the complaint/Domestic Incident
Report and pass all/any of the orders, as deemed necessary in the circumstances
of the case.
a)
Pass protection orders under section 18
and/or
b)
Pass residence orders under section 19
and/or
c)
Direct the Respondent to pay monetary
relief under Section 20 and/or
d)
Direct the respondent to grant
compensation or damages under section 22 and/or
e)
Pass such interim orders as the Court
deem just and proper;
f) Pass any orders as deems fit in the circumstances of the case.
(i) Protection Order under Section 18-
Prohibiting
acts of domestic violence by granting an injunction against the Respondents
from repeating any of the acts mentioned in terms of the application.
Directing the Respondents
to stay away from the complainant and parents of the aggrieved person
(ii) Residence Order under section 19-
An order restraining Respondent(s) and his
agents from the peaceful possession and residence of the complainant with her
all the rights as given in law in the shared household at XXXXXXXXXXXXXXXXXX.
The goods/clothes/articles
belonging of the complainant be kept under her accessibility & in the shared
household only.
(iii) Monetary reliefs under section 20-
Directing the
respondent no.1 to pay following expenses as monetary relief;
Rs. ______ /- per month
for Food, clothes and other basic necessities
of complainant.
(iv) Pass orders
under section 22-
Pass orders under section 22 of the Act providing compensation to the tune of Rs. XXXXX/- for the mental, physical injuries etc suffered by the aggrieved, for the agony suffered, both mental as well as physical, due to the domestic violence.
It is, therefore, most respectfully prayed
that this hon’ble Court be pleased to grant the relief(s) claimed therein and
pass such order or orders as this hon’ble Court may deem fit and proper under
the given facts and circumstances of the case for protecting the aggrieved
person from domestic violence and in the interest of justice.
Applicant/Aggrieved
person
Delhi
Dated: through
Counsel
Verification:
Verified at Delhi on this XX day of XX, 20XX that the contents of para 1 to of the above application are true and correct to the best of my knowledge, and nothing material has been concealed therefrom.
Applicant/Aggrieved person
IN
THE COURT OF CHIEF METROPOLITAN MAGISTRATE, GHAZIABAD, UTTER PRADESH
COMPLAINT
NO_____/20XX
IN
RE: -
Ms.
XXX Complainant
V/s
Mr.
XXXX Respondents
Affidavit
under section 23(2) of the Protection of Women from Domestic Violence Act, 2005
Affidavit
I, Ms. XXX W/o Mr. XXXX R/o XXXXXXXXXXXXX do hereby solemnly affirm and declare on oath as
under:
1.
That the deponent is the Complainant/Applicant
in the accompanying application filed for me.
2.
That being conversant with the facts and
circumstances of the case I am competent to swear this affidavit & accompanying application has been drafted
by my counsel under my instructions, the contents of the same have been
explained to me in vernacular and the said contents are true and correct
3. That the Istridhan articles are under
the care and custody of respondent no.3.
4. That the details provided in the present
application for the grant of relief under section 18, 19, 20 and 23 have been
entered into by Applicant/at my instructions by counsel.
5. That the contents of the application
have been read over, explained to Applicant in English/Hindi.
6. That the contents of the said
application may be read as part of this affidavit and are not repeated herein
for the sake of brevity.
7. That the Applicant apprehends repetition of the acts of the domestic violence by the Respondents against which relief is sought in the accompanying application.
8. That the Respondents have threatened the
Applicant that the applicant will be eliminated at any point of time.
9. That the reliefs claimed in the
accompanying application are urgent in as much as the Applicant would face
great financial hardship and would be forced to live under threat of
repetition/escalation of acts of domestic violence complained of in the
accompanying application by the Respondent(s) if the said reliefs are not
granted on an ex-parte ad-interim basis.
10. That the facts mentioned herein are true
and correct to the best of my knowledge and belief and nothing material has
been concealed therefrom. Deponent
Verification:
Verified at New Delhi on this XX day of XX 20XX that the contents of the above affidavit are correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed therefrom.
Deponent
IN
THE COURT OF CHIEF METROPOLITAN MAGISTRATE, GHAZIABAD, UTTER PRADESH
COMPLAINT
NO……./20XX
IN RE: -
Ms. XXXXXXX Complainant
V/s
Mr. XXXXX Respondents
List of Witnesses
1.
2.
3.
4.
Date: Complainant/Aggrieved
Person
Place: Through
Counsel
XXXXXXXXX &
Associates
Office no. XXXXXXXX
Mob-XXXXXXXXXXX
IN
THE COURT OF CHIEF METROPOLITAN MAGISTRATE, GHAZIABAD, UTTER PRADESH
COMPLAINT
NO……__/20XX
IN RE: -
Ms. XXXXX Complainant
V/s
Mr. XXXXX Respondents
List of DOCUMENTS
1.
2.
3.
4.
Date: Complainant/Aggrieved Person
Place: Delhi Through
Counsel
XXXXXXXXX & Associates
Office no., XXXXXX
Mob-XXXXXXXXXX
