IN THE COURT OF XXXXXXXXXXXXXX

XXXXXXXXXX COURTS, NEW DELHI

COMPLAINT NO. _____ OF 2018.

IN THE MATTER OF :-

XXXXX                                : APPLICANT / COMPLAINANT

VERSUS

XXXXX                                :  RESPONDENTS

PS - _______

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 ORDER UNDER SECTION 17, 18, 19, 20, 22 and 23 OF 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.       VAKALTNAMA.

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DELHI                                                               COMPLAINANT

THROUGH

DATED                                          

COUNSEL

IN THE COURT OF XXXXXXXXXXXXXXX

XXXXX COURTS, NEW DELHI

COMPLAINT NO. _____ OF 2018.

IN THE MATTER OF :-

XXXX                          : APPLICANT / COMPLAINANT

VERSUS

XXXXX                      :  RESPONDENTS

PS - ________

MEMO OF PARTIES

MRS. XXXXX

W/o _________

D/o ___________

R/o ___________                                  : APPLICANT

VERSUS

1.     SH. XXXXXXXX (Husband)

S/o __________

2.   SH. XXXXXXXX (Father-in-Law)

3.   SMT. XXXXXXXXX (Mother-in-Law)

     W/o ___________

4.   MR. XXXXXXXXXXX  (Brother-in-law)

     S/o _________

5.    MS. XXXXXX (sister-in-law),

     D/o __________

_______________                                    : RESPONDENTS

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DELHI                                                               COMPLAINANT

THROUGH

DATED                                          

                          ADVOCATES

IN THE COURT OF XXXXXXXXXXXXXXXXX

XXXXXXXX COURTS, NEW DELHI

COMPLAINT NO. _____ OF 2018.

IN THE MATTER OF :-

MRS.XXXXXXXX

W/o _________

D/o _________

R/o _____________                             : APPLICANT

VERSUS

1.     SH. XXXXXXX (Husband)

S/o ____________

2.   SH. XXXXXXXX (Father-in-Law)

3.   SMT. XXXXXXXXX (Mother-in-Law)

     W/o ___________

4.   MR. XXXXXXXX  (Brother-in-law)

     S/o __________

5.    MS. XXXXXXXX(sister-in-law),

     D/o ______

______________                                      : RESPONDENTS

PS - ______

COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 AND APPLICATION FOR ISSUANCE OF PROTECTION ORDER 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 for the first time before this Hon’ble Court.

2.                 That it is prayed that this Hon’ble Court may take cognizance of the present applicant/complaint and pass all/any of the orders as deemed necessary in the circumstances of the case:

i.       Pass residence order in shared house hold under section 17

YES

ii.     Pass protection order under section 18          

YES

iii.  Pass residence order in a shared household under section 19

YES

iv.   Direct the Respondents to pay monetary relief under section 20, 22 & 23  

YES

v.     Pass any other orders as this Hon’ble Court may deem fit.

YES

3.                 ORDERS REQUIRED

i.       RIGHT TO RESIDE IN A SHARE HOUSEHOLD UNDER SECTION 17

YES

ii.     PROTECTION ORDERS UNDER SECTION 18:

                  a.            Prohibiting acts of domestic violence by granting an injunction against the Respondents from repeating/committing the acts mentioned under the present application.

YES

                 b.            Prohibiting respondents from entering the school / college / workplace.

NA

                  c.            Prohibiting respondents from stopping the Complainant from going to the place of the employment.

NA

                 d.            Prohibiting respondents from entering the school / any other place of your child.

NA

                  e.            Prohibiting any form of communication by the respondents with her.

YES

                   f.            Prohibiting alienation of assets by the respondents.

YES

                 g.            Prohibiting operation of joint bank lockers / accounts of the deceased husband of the Complaint as well as those of the Respondents by the respondents and allowing the aggrieved person to operate the same.

YES

                 h.            Directing the respondents to stay away from the dependents / relatives / any other person of the aggrieved person to prohibit violence.

YES

iii.  RESIDENCE ORDER UNDER SECTION 19            

YES.

a.     An order restraining the Respondents from alienating / disposing / encumbering the shared household(s).

YES

b.    An order directing the Respondents to restrict the Respondents from forcefully vacating/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 time and again tortured and beaten up by the Respondents and for that, the Respondents may be ordered to pay an amount of Rs XXXXX.

b.    Any other loss or physical or mental injury.

Included in the above head.

c.     The aggrieved person / was mentally tortured and physically assaulted / beaten by the respondents throughout the time she remained at the matrimonial home for bringing insufficient dowry and to bring more dowry and also for not giving cash from her parents.

The respondents be directed to pay an additional sum of Rs.XXXXXX in addition to amount mentioned in the other heads.

d.    The total amount claimed is Rs XXXXX per month as maintenance of the Complainant, and the Respondents be directed to pay the same to the Complainant to arrange for a vehicle for commuting, food and clothing, future school fee, tuition fee, college fee, personal expenses, children curriculum activities fees, medical expenses, expenses over entertainment, expenses over festival etc.

e.     Any other amount in the form of damages which this Hon’ble Court deems fit in the facts and circumstances of the case, may also be passed. 

YES

v.     CUSTODY ORDERS UNDER SECTION 21

NO.

vi.   COMPENSATION ORDER UNDER SECTION 22

a.     In addition to the above mentioned reliefs and maintenance, the respondents may be directed to pay an amount of Rs XXXXXX to the aggrieved person for injuries, including mental torture and emotional distress, caused by the acts of the domestic violence committed by them.

b.    Any other amount as compensation be also 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, considering the facts, mentioned in the present complaint.

4.                It is humbly submitted that the Smt. XXXXX (hereinafter referred to as the complainant) was married to Sh. XXXXXXX under the Hindu Marriage Act, 1955 and as per Hindu rites and rituals on __/__/__ in Delhi.

5.                 That the present domestic violence complaint has been filed by the
Complainant against the atrocities committed by the respondents.

6.                That the marriage of the respondent and the applicant held on __ February 20__, as per Hindu customs and ceremony. According to the status of parents of the applicant, they gave the gifts and dowry in the marriage. When the applicant went home from Matrimonial home after her parental home, from the first day respondent, Brother-in-law XXXXXX sister-in-law XXXXXX, Father-in-Law XXXXXX, Mother-in-Law XXXXXX, taunted the applicant about dowry and said “tu apney maikey se hamari hasiyat ke hisab se kuch nahi layi’’, in-law of the applicant started harassing her physically as well as mentally. For not bringing dowry as per demand, and use to harass the applicant by pin pointing quality of furniture, electronics items, cloths and for design of gold, and started torturing the applicant by making remarks on weight and quality, of gold given by her parent and they started harassing and torturing physically and mentally by different means in front of their (in laws) relatives.

7.                 On __/__/__ the applicant was preparing meal abruptly her brother-in-law XXXXX came in kitchen and stared harassing  her said ‘’tujh khana pakana nahi ata tu niech khandan ki hai’’. Even after cooking the bread properly, he used to call  the bread is burnt and not well cooked  and abused the applicant, beaten her from thong (Chimta) on her hand and her in-laws (sister-in-law XXXXX, mother-in-law XXXXX, father-in-law XXXXX and the respondent joined him and they all beaten and torture the applicant and her brother in law XXXXXXX 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 recited this incident to her parents then her parents came to matrimonial home and tried to make them understand that they are unable to full fill their demand for dowry on which brother-in-law XXXXXX 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 __/__/__ on the occasion of ‘Maha Shiv Ratri’ at the morning time brother in law XXXX, sister in law XXXX, mother in law XXXXX as always  all of them started taunting and making negative remarks on her daily household chores and started harassing the applicant and when she tried to oppose them then they all started pushing and hitting 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 got very upset and she was shattered internally. Then somehow the applicant tried to gathered all her will power and trust in herself and managed to handle her emotions.

9.                That on __/__/__ her father in law XXXXXXX, mother in-law knocked the door of the applicant at night 1.00 am and she opened the door and they said that “’jaldi se tayar hokey a jao Havan kar rhe hai’’ then the applicant raised question to them “rat mai konsa havan kra rhe ho havan to subha hota hai’’ at that time they scolded her and told her keep silent when the applicant reached hall there she saw somebody who was looking like necromancer at which her raised question, then the respondent and in laws told her that this Havan is about getting grandson early. Such type of act had been observed by her in laws oftenly and they threatened ‘’tu apni aukat mai rhe agar kisi ko btaya to tere liye accha nhi hoga’’. Her brother in law oftenly use to provoke against her to in laws and her husband XXXXXX and her sister in law XXXX use to aggravate these type of situation rest of the time. Owing to this the respondent tortured her physically and mentally several time and use to abuse constantly.

10.            That two day before 1st Holi after marriage dated __/__/__ her in laws namely  (my sister in law XXXXXX, mother in law XXXXX father in law XXXXXX) and the respondent they left  her at parental home and told to her parents that “jab tak tum log hame car or 10 lakh cash nahi dogey tab tak hum tumhari ladki ko nahi le ker jayengey’’ her parent tried their level best to convince them and pleaded to them but her in-laws wasn’t ready to understand, after constant pressure by in laws on her parents, somehow her parents managed to give them in three instalment of two lakh each during this month to her in laws (sister in law XXXXX, father in law XXXXXX, mother in law XXXXXX) constantly incited to the respondent owing this the respondent tortured her severely. By 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 __/__/__ at 7:30 pm when the applicant opposed the said torture, then the respondent scolded on her and beaten with mercilessly, when the respondent was beating her same time for defence the applicant bowed down being this respondent’s hand bumped into the corner of the dressing table. The applicant scared to see that then hr in laws cached her hairs and thrashed on the floor  and pulled her for long  being this she got several scratches on her entire body and on the beating the entire body was blue. In-laws of the applicant left her without medication she faced entire body ache whole night, they have even snatched her mobile. She was alone in the respondent house there were nobody listening her voice. She could not speak to her parents because they have confiscated her mobile.

12.             That on __/__/__ on this date her mother in law ordered the applicant to wash the clothes when she operated washing machine she got electric current directly then she informed to her mother-in-law and tried to convince them (sister-in-law XXXXX, mother-in-law XXXXX) but they forcibly ordered the applicant to wash the entire clothes, and told her that have to wash the clothes with faulted (current flowing throughout) washing  machine, and told her that “tu kaunsa car, cash lekar aayee hai jo mai tujhe maharani banakar rakhu’’ her in-laws (brother-in-law XXXXX, father-in-law XXXXXXXX,) and the respondent could have saved her from this mental tortured, but they haven’t, when the said incident applicant described to her parents they felt in deep sorrow and become restless’. When her parents talked to her in-laws about such cruelty and harassment, then in-laws of the applicant insulted her parents too, to such extent that her parents eyes got filled with tears and in-laws said “teri beti hamarey kissi kam ki nahi hai ussey tu yha se leja’’. After that the applicant was bearing there torture and somehow she was suffering from worst phase of life and keeping alive hope, the day will come and they will reform themselves.

13.             That on __/__/__ this was the day of reception party of the applicant and respondent celebrated at venue. It was the 3^rd day of her marriage there she found that the respondent was busy on his mobile and talking to someone and this thing noted by the applicant several times on the occasion, at that time she never cared of that but gradually she found that he was busy on his mobile out side of their room there she realised something is going to be wrong with her few day later the respondent disclose the strong intimacy relationship with the girl name Shalu Bidhuri, he confessed that all this running from last 4 years and assured her ‘’shikha mujhe kuch samay chaiye iss chakar se nikalney mai’’ despite of given assurance to her his behaviour did not changed completely. His behaviour towards her completely changed and become aggressive when she tried to explain him he said that “mainey tujhsey shadi dahej mai car aur lakho rupay nagadi aur property k lalach mai ki hai’’ and shouted on her, being listening this her in laws came into the room and said that ‘’tu dahej mai layi hee kya hai tuney toh hmari naak katwa di’’ and said again ’’Jab tak tu nagadi va car nahi layegi tab tak hum log tujh chain se rhne nahi dengey’’ the applicant was scared and weeping whole night on her bed like any ordinary an Indian Women she kept constantly thinking about how to safe her married life as the night was going in dark she felt her life is going to be in danger because her in laws and the respondent were forcing and pressure rising  to bring cash and car to full-fill their demand, after losing her courage she described her condition to her father after listening to her agony father and family member of the applicant proceeded towards her matrimonial home to stop this demand and cruelty and on the way at 11:10 pm her father reported to police helpline no. 100 dated __/__/__ vide XXXXXX the IO was appointed Mr. XXXXXX.  Her sister-in-law XXXXXX, catched her hair and pulled her back and threatened ‘’agar tuney hamarey barey mey police ko kuch bataya to tera baap yhan se bachkr nahi jayega’’ she was so scared of her in-laws brutality and constant torture that she could not speak anything against her in-laws in front of I.O Mr. XXXXXXX for saving the lives of her family then her father and family members tried to make them (in-laws) understand whatever they are doing is not right please stop this, to which her in in-laws replied “ab agey aisa nahi hoga’’ but behaviour of her in-laws and the respondent haven’t changed rather became worst and 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 above incident to her parents. On __/__/__ her father gave the application at 4:40 pm to P.S ________. Her father and family members arrived at her matrimonial house, where the respondent and in-laws again raised their demand for cash, car and her FD, father of the applicant pleaded by folded hand and said ’’mai ye sab aapki demands puri karney mai asamarth hun’’ after listening this the respondent and in-laws turned aggressive and said to her parents which she cannot explain in words and then her in laws said ‘’jab tumhari haisiyat nahi thi to hamarey yhan apni beti ka rishta kyu kiya” then her parents requested in front of her in-laws and respondent and asked for some days of grace, after listening request of her parents, they haven’t accepted the request of the parents of the applicant and said ’’hamey kal ki tariq (__/__/__) ko car, cash aur F.D tudwakar de, tabhi hum teri ladki ko yhan rakh payengey nahi to issey leker chalejaa’’, when her father unable to fulfil their (respondent and in-laws) demand for dowry (car, cash, F.D) then the respondent and in-laws again started torturing the applicant mentally and physically and forcefully pressurised to her parents to take her back to her parental home alongwith (her parents) them and her in-laws forcibly send her parental house and gave her an ultimatum till date __/__/__ (i.e respondent’s birth day) ‘’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.            After this incident the parents of the applicant tried to make them understand with the help of her relatives. On __/__/__ at __________ arranged meeting over there. In that meeting from her in-laws side (grandfather in-law XXXXX, Mother in-law XXXXXXX, aunt (XXXX masi XXXXX and her husband XXXXXX, XXXXXX and his wife XXXXXX, XXXX and mediator XXXXXXX were present at the venue). From her side her maternal uncle and aunt, and her father were present at the meeting.  On request of her uncle and aunt they (her in-laws and their relatives) promised to take the applicant back to her matrimonial home on __/__/__ but stipulated date her in-laws haven’t come to her parental house to take her back on that day her parents have arranged the meal  For 15-20 people at their home as told by in-laws but none of them has come on the such time, her parents started worrying then tried to contact mediator and father in law of applicant telephonically afterwards they stopped picking up call, to which Bubbly chandel replied to them “hum abhi nahi ayengey” after listening to their reply her and her parents got mentally disappointed. After that when applicant’s family tried to contact mediator XXXXXXXX he kept avoiding them and stopped picking up call.

15.             That on __/__/__ her father-in-law and his friend XXXX visited at her parental home, at that time too her father provided them warm welcome and done good hospitality. At that time father-in-law told that “hum log 1 mahiney baad le kr jayengey, abhi hamarey betey Ravi par shani dasha chal rahi hai” but they have not lived up to there promise  this time too then her parents tried to contact her father-in-law, but he haven’t received call. On __/__/__ the day is Saturday she went to her matrimonial home with her parents on this occasion her father gave gifts as his capacity to the respondent and in-laws but on the very next day her brother in law forcibly holded her hand and molest her, then they started torturing physically, mentally and harassing and abusing to her by doing this kind of acts. Somehow she managed to escape from her matrimonial house and return to her parental house.

16.            That on __/__/__ she went back to her matrimonial house with her parents because she wanted to settle their peacefully but when we reached their her brother-in- law ______ and sister-in-law ______ misbehaved a lot with her father and family members and the respondent’s maternal uncel’s _______ children XXXXXX, XXXXX, XXXXX paternal aunt XXXXX (bhua), XXXXXX (chachisas) were stopping the family members of the applicant at the door from entering into her matrimonial house and made filthy remarks on her father and my family members, on this her family members pleaded in front of them, then they allow to enter in the matrimonial home and her family members left her there and went to police station XXXXXX to inform about said incident. As soon as her family member left from there (matrimonial home) her in law started abusing, beating, as well as harassing  her in fact her brother in law XXXXX and sisster-in-law XXXXXXX attacked on her with razor blade and scuffled with her the respondent, his aunts-XXXXX and XXXXXX both holded her hand and as per the conspiracy her sister-in-law XXXXXXX injured herself with blade to trap her in the false allegation, and telephonically called to the cops. After that the respondent and his cousin XXXXX, XXXXXX, alongwith XXXXX and brother in law XXXX threatened her, on this situation she was so scared that she was unable to understand what to do.

17.             That while the applicant was being taken from matrimonial home to police station XXXXXX, none of the lady cop came there, it was about 11:00 pm when constable Mr XX told her to reach P.S XXXXXX with the person whose name is XXXXX (came with constable XXX at matrimonial home and he was in civil dress and she got to know his name afterwards) on the way to P.S XXXXXX he miss behaved with the applicant and molest the applicant on the way. She was scared at that time as she was all alone when she opposed him he told her that he is a police man and he is the one who will be making reports of her case at P.S XXXXXX. She felt helpless at that moment. When she reached P.S XXXXX. she told the said incident to I.O XXXXXXXX. Instead of lodging complaint he surprisingly questioned her and said “kya tum uss ladkey ka naaam janti ho” and at that time she didn’t know the name of that person. Afterwards she got to know that his name is “XXXX” and he is a friend of her brother-in-law XXXXXXX.  When she requested I.O XXXXXX to let her write to her complaint of her own he refused and wrote by himself and compelled her to sign without letting her read the complaint. Whatever mentioned that application is factually correct or not and he neither provided the copy of that complaint.

18.            That it is submitted the entire stridhan of the applicant are lying with her in laws and the respondent and when she asked them to give back her stridhan they refused to give it. It is pertinent to mention that in this regard the applicant lodged a complaint before CAW Cell and the proceeding is still pending there.

19.            It is submitted that the divorce petition filed by the respondent before the Ld. Family Court, XXXX, New Delhi in order to cover up his own misdeeds, cruelty, harassment by him and his family members against which a criminal complaint was filed with A.C.P., Crime Against Women Cell, XXXXXX on __/__/__ and again on __/__/__ before the Cyber Crime Cell for making the video viral by the accused persons. The applicant again filed a complaint dated __/__/__ vide DD XXXXX to P.S. XXXXXX with a copy to D.C.P. (XXXXX). When no action was taken by the police officials, the applicant filed another complaint to the Commissioner of Delhi Police, New Delhi on __/__/__ which culminated into an FIR XXXXX dated __/__/__ U/S. 498A/406/354/506/324/34 IPC against the respondent and his family members which is pending investigation with P.S. _______.

20.           That the said divorce petition has been filed by the respondent in a colluded manner with his family members after hatching a well-knit conspiracy with sole intention to take false defence in various cases/complaints filed by the applicant against the respondents.

21.             That the respondents are habitual namely XXXXXXX, XXXXXX , XXXXX and XXXXXX are accused in a dowry harassment case title M/s  XXXX v/s XXXXX it is there second offence on the same line of action demanding dowry and harassment of that purpose. They committed cruelty in past on their daughter-in-law namely Ms. XXX W/o XXX against which she filed a complaint with C.A.W. Cell, Malviya Nagar on __/__/__ and an FIR No.XXXXX dated 16.10.2014 was registered U/s.498A/406/34 IPC with P.S. ______ against her in-laws including the respondent herein as the respondent herein also harassed the said Ms. XXX for fulfilling their illegal demands.

22.           That it is submitted that the respondents continued harassing the applicant and she was also beaten mercilessly for which she was taken to All India Institute of Medical Sciences at 02:01 (midnight) and she was diagnosed “Soft Tissue Injury” as a result of assault on __/__/__. The applicant was provided Aseptic Dressing and was advised surgery and was also advised medicine in Emergency Department and the applicant was further advised to come to 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 while contesting the same. On one hand the respondent is not paying any maintenance to the applicant and on the other hand the respondent has filed false and frivolous case alleging false allegations without any substance or proof thereof against the applicant in order to further harass the applicant.

24.           That the respondent is a man of means. He is having distributorship of “Parle”, “Priya Gold”, “Uttam Sugar” and “Tops” and earning handsomely to the tune of Rs.XXXXXX/- per month from the said sources. Besides, the respondent is also having Grocery shop in the name and style “XXXXXX” and is earning approximately Rs.XXXXX/- from the said source. The house of the respondent situated at _____________ is having approximately 30 rooms which have been rented out to different tenants and the respondent is earning approximately Rs.XXXXXX/- as rent from the aforesaid rooms. Further, the respondent is also having joint family properties situated at _______________ constructed on a plot of land measuring 100 sq. yds. consisting of 6 units of one room set given on rent, property bearing ______________ constructed on 200 sq. yds. consisting of 10 units of one room set given on rent, property bearing house No.__________________ constructed on plot of land measuring 200 sq. yds. consisting of 10 units of one room set given on rent, property bearing house no.___________ constructed on 200 sq. yds. consisting of 10 units of one room set given on rent, property bearing _______________ constructed on 100 sq. yds. consisting of 8 units of one room set and two shops given on rent, property no._____________ constructed on 500 sq. yds. consisting of 12 units of one room set and 10 shops given on rent, property no.________________________________ constructed on land measuring 300 sq. yds. consisting of 5 units of one room set and 8 shops given on rent, property no.___________________________, four storey building constructed on 50 sq. yds. consisting of 10 units of one room set given on rent and thus, the respondent is earning the proportionate rent of the aforesaid properties and his income is to the tune of Rs.XXXXXXX/- per month as per his share. Thus, the respondent is earning a total sum of Rs.XXXXXXX/- per month from the aforesaid sources. The respondent maintains expensive mobile phone (iPhone 6). The respondent has huge quantity of gold and bank balances in various banks and have invested in shares, savings in form of fixed deposits, LIC’s and other insurances, rents etc. It is submitted that the respondent is having his Car make – Maruti Swift D’Zire, two Activa Scooty. The respondent is also having various Debit Cards and Credit Cards of various banks including HDFC Bank, Axis Bank, ICICI Bank etc. 

25.            That it is pertinent to mention that till date, the Respondents are calling the Complainant and her parents in the day as well as odd timings in the night and hurls abuses in the filthiest of language and casts aspersion upon the character of Complainant. That had left with no other option, the Complainant is compelled to make the present complaint before this Honorable court seeking appropriate urgent reliefs.

26.           That it is pertinent to mention here that the respondent has no other liability or responsibility to meet except to maintain the applicant.

27.            That on the other hand the applicant is not earning and is absolutely dependent on the mercy of her parents and brother.

28.           That the applicant requires money for herself for her maintenance as the respondent is duty bound to maintain her as the applicant is the legally wedded wife of the respondent.

29.           That the applicant nor have any income of her own neither owns any immovable or movable properties and even all the istridhan and dowry articles of the applicant with the respondent and his parents.

30.           That applicant is without any income or source of income and applicant is living a torturous life and has no place to go and does not have sufficient funds for residing even in the rented accommodation.

31.             That applicant is entitled to live in similar life style as per the status of the respondent and requires the same degree of comforts as in the respondent’s home. 

32.           That the applicant has no independent income sufficient to maintain herself, she is also unable to arrange the necessary expenses of the proceedings pending before this Hon’ble Court. The respondent has not made any provisions for maintenance of the applicant. The applicant is totally dependent upon her parents.

33.           That the respondent belongs to a high class family has not made any provisions for the maintenance of the applicant. The respondent is not having any other responsibility except to maintain the applicant. The applicant is passing through hardships and crises and presently she is solely living on the charity of her parents. The respondent is under moral, social and legal obligation to maintain the applicant as the applicant is the legally wedded wife of the respondent. The respondent is not fulfilling any of his responsibility towards the applicant, showing his irresponsible, disorderly and cruel behaviour upon her.

34.           That the respondent is also having other moveable and immoveable properties in his name but not disclosed to the applicant. The non applicant is also having shares, fixed deposits, bonds etc. and maintaining credit cards and club membership in his name. Apart from the said, the respondent is having the additional source of income but the amount received by the respondent as an additional income is not in the knowledge of the applicant.

35.            That the respondent is leading a luxuries life.

36.           That under the circumstances, the applicant is in need of money. The respondent is duty bound to maintain the applicant as per his status and she is entitled for a sum of Rs.XXXXXXX/- p.m.

37.            That it is submitted that since the date of desertion, the respondent has not maintained the applicant and has not paid anything.

38.           That it is established that the respondent has failed to discharge his liability as provided under the law.  

39.           That the respondent is legally bound to maintain the applicant and she is entitled for Rs.XXXXXXXX/- per month for her maintenance and livelihood.

40.           That the cause of action accrued in favour of the complainant and against the respondents on different occasions when the applicant received atrocities at the hands of respondents and the respondents threatened the complainant of dire consequences and compelled her to leave the matrimonial house. It further arose when the respondents kept the complainant in amiserable condition and threatened the complainant and her family members with dire consequences. Hence the cause of action is still continuing one.

41.            That being aggrieved and severally harassed from the aforesaid conduct of the respondents, the complainant preferred the present complaint.

P R A Y E R

It is, therefore, prayed that application filed by the applicant may kindly be allowed and the Hon’ble Court may kindly be pleased to pass the following orders:-

a.     Directing the respondents to stay away from the Complainant and its dependents / relatives / any other person related to the aggrieved person to prohibit violence.

b.    Direct the Respondents to execute a bond alongwith surety of not less than XXXXXXX that they would not commit any act of domestic violence upon the Complainant.

c.     Direct the concerned SHO, XXXXXX to give protection to the Complainant.

d.    Respondents be directed to pay monetary relief as a result of Domestic Violence to the tune of XXXXXXX.

e.     Respondents be directed to return the istridhan, articles lying with the Respondents in the shared household and the articles and jewelry that were snatched away from her while subjecting her to domestic violence further be restrained from alienating any asset, bank lockers or bank accounts used enjoined by them.

f.       Respondents be directed to pay interim maintenance for the Complainant to the tune of INR XXXXXXX per month.

g.     To pass an order directing the respondents to pay litigation expenses of Rs. XXXXX;

and

h.    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 be also passed in favour of the complainant and against the Respondents to meet the ends of justice.

DELHI                                                               COMPLAINANT

THROUGH

DATED                                 

ADVOCATES  

VERIFICATION:-

Verified at Delhi on this ___________ the Complainant above named states on solemn affirmation that the contents of paras 1 to ___ of the above petition are true to my knowledge and legal advice received and believed to be correct. Last para is prayer to the Hon’ble Court.

COMPLAINANT

IN THE COURT OF XXXXXXXXXXXXXXXX

XXXXXX COURTS, NEW DELHI

COMPLAINT NO. _____ OF 2018.

IN THE MATTER OF :-

XXXXX                                 : APPLICANT / COMPLAINANT

VERSUS

XXXXX                                :  RESPONDENTS

AFFIDAVIT

Affidavit of Mrs. XXXX, aged 27 years, W/o _______ D/o __________, R/o _______________ do hereby solemnly affirm and declare as under:-

1.       That I am the complainant in the above-said case and well conversant with the facts of the case and 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 and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ___, day of October, 2018 that the contents of the above Affidavit are true and correct to my knowledge, nothing material has been concealed there from.

DEPONENT

IN THE COURT OF XXXXXXXXXXXX

XXXXXX COURTS, NEW DELHI

COMPLAINT NO. _____ OF 2018.

IN THE MATTER OF :-

XXXXX                       : APPLICANT / COMPLAINANT

VERSUS

XXXXX                      :  RESPONDENTS

AFFIDAVIT

Affidavit of Mrs. XXXXX, aged 27 years, W/o ________D/o __________, R/o ______________, do hereby solemnly affirm and declare as under:-

1.   That I am the Complainant in the above said case and well conversant with the facts of the case and competent to swear the present affidavit.

2.   That the contents of the accompanying complaint Under Section 12, 17, 18, 19, 20, 22, 23 of the Protection Of Women From Domestic Violence Act, 2005 have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

DEPONENT

VERIFICATION: -

          Verified at Delhi on this ___, day of October, 2018 that the contents of the above Affidavit are true and correct to my knowledge, nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF XXXXXXXXXXXX

XXXXXX COURTS, NEW DELHI

COMPLAINT NO. _____ OF 2018.

IN THE MATTER OF :-

XXXX                                         : APPLICANT / COMPLAINANT

VERSUS

XXXXXX                                 :  RESPONDENTS

PS - ______

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 for disposal before this Hon'ble Court.

2.                 That the contents of the said complaint may be read as part and parcel of this application and the contents of the same have not been repeated herein for the sake of brevity and the Applicant craves to leave to refer the same at the time argument.

3.                 That the Respondents have deprived the complainant / applicant from her matrimonial home and society without any basis.

4.                 That the Complainant/Applicant inspite of having a matrimonial home is being regularly compelled to live outside because of the atrocities and violent acts committed by the respondents.

5.                 That respondents are trying to alienate/dispose of the shared household property along with other properties as detailed in the complaint u/s 12. The contents are not repeated herein for the sake of brevity. The contents and averments of the Section 12 application be treated as part and parcel of the present application under Section 23 of the Domestic Violence Act.

6.                 That the applicant seeks the ad-interim relief of seeking the directions of this Hon’ble Court to the respondents for the grant of Rs XXXXXX per month. Also, direction to the respondents not to dispose of their assets as has been mentioned with the application under Section 12 of the Act and also not to leave the country without the permission of this Hon’ble Court, inter alia on the following grounds:-

A.   That the complainant / aggrieved person has no source of basic living and to meet her daily needs are totally dependent upon the respondents.

B.    That the Complainant is not employed and has no means of survival and is taking financial assistance from her parents and her relatives.

C.    That the respondents are not fulfilling any of their responsibilities.

D.   That the respondents are creating each and every illegal, unethical act to create disturbance in the life of the applicant / aggrieved person and have made her life miserable and a hell.

E.    That the respondents have been committing the series of acts which are covered under the definition of “Domestic Violence” of the Act.

F.    That the respondents have not paid any amount so as to fulfill the basic needs of the applicant which is covered in the definition of “Economic Abuse” under Section 3 (iv) of the Act.

G.   That the respondents threatened the complainant to deprive the aggrieved persons from her legitimate rights and have threatened that they will very soon dispose of all their assets and business establishment in India including the shared household being the matrimonial home.

H.  Any other ground that may be taken with due permission of this Hon’ble Court during the course of arguments of the present application. 

7.                 That the complainant has prima-facie good case and balance and convenience is also heavily lies in her favour and if the interim maintenance as prayed for is not passed in favour of the complainant, the complainant shall suffer great irreparable loss and injury.

8.                 It is submitted that no domestic incident report has been submitted in this Hon’ble court as the complainant did not approach the protection officer and has straight-off approached this Hon’ble court under section 12 of the Act. That the Hon’ble two-judge bench of the Delhi High Court in the case of Shambhu Prasad Singh v. Manjari (2012)iterated the fact that ‘section 12 does not mandate an application seeking relief to be accompanied with 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 only on the affidavit of the aggrieved person. Nowhere does this provision express or imply by necessary intendment that the consideration of DIR is obligatory.

P R A Y E R

It is, therefore, prayed that application filed by the applicant may kindly be allowed and the 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 in order to prohibit violence.

b.    Direct the Respondents to execute a bond alongwith surety of not less than XXXXXXX that they would not commit any act of domestic violence upon the Complainant.

c.     Direct the concerned SHO, XXXXXX to give protection to the Complainant.

d.    Respondents be directed to pay monetary relief as a result of Domestic Violence to the tune of XXXXXX.

e.     Respondents be directed to return the istridhan, articles lying with the Respondents in the shared household and the articles and jewelry that were snatched away from her while subjecting her to domestic violence and that they further be restrained from alienating any asset, bank lockers or bank accounts used enjoined by them.

f.       Respondents be directed to pay interim maintenance for the Complainant to the tune of INR XXXXXXXper month.

g.     To pass an order directing the respondents to pay litigation expenses of Rs. XXXXX;

and

h.    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 be also passed in favour of the complainant and against the Respondents to meet the ends of justice.

DELHI                                                               COMPLAINANT

THROUGH

DATED                                 

ADVOCATES