Application U/s 23(2) of the Protection of Women from Domestic Violence Act, 2005 for interim relief along with affidavit

Application U/s 23(2) of the Protection of Women from Domestic Violence Act, 2005 for interim relief along with affidavit

In the Court of PRINCIPAL JUDGE, fAMILY COURT, -----------

Complaint Case No._______ of 20--

In the matter of:

-------------                                  ...Aggrieved Person/Complainant

Versus 

-------------                                                               ...Respondents 

APPLICATION UNDER SECTION 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE, ACT, 2005 FOR  AD-INTERIM/EX-PARTE ORDERS. 

MOST RESPECTFULLY SHOWETH:

1.    That the applicant has filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which is pending before this Hon'ble Court. The grounds mentioned therein may also be read as part and parcel of this application and the same are not being repeated herein for the sake of brevity.

2.  That apart from mental and physical violence, the respondents have been causing to the applicant economic violence, verbal and emotional violence all through. The detailed instances thereof are given in the application U/s 12 of the Act.

3.    That the applicant has got a good prima facie case in her favour and is likely to succeed on the merit of the case.

4.    That there is an infringement of the rights of the applicant. The interference of this Hon'ble Court is very much required in the present facts and circumstances of the case.

5.    That an urgent relief has been sought for because here the applicant had been deprived of her legal rights.

6.    That the respondents have committed acts of domestic violence and there is a likelihood that they may commit such acts at any time.

7.    That the respondents have committed acts of domestic violence and there is a likelihood that they may commit such acts at any time.

PRAYER

          In the facts and circumstances of the case, the applicant prays that this Hon'ble Court may grant ad interim/ex-parte orders:-

• Pass protection order U/s 18 of the Act in favour of complainant against the respondents directing the Protection Officer/ I.O. to provide the protection from committing any act of domestic violence..
•  Residence order under Section 19 of the Act, and any appropriate orders as per law
• Monetary reliefs in the form of maintenanace under Section 20 of the Act on account of Household expenses and other expenses of Rs. ------ per month.
• Pass any other order(s)/relief(s), which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present application may kindly be passed in favor of the complainant/aggrieved person and against the respondents, in the interest of justice.

Complainant/Applicant

Through:

Counsel for the Complainant

New Delhi                                                                

Dated:  

In the Court of PRINCIPAL JUDGE, fAMILY COURT, -----------

Complaint Case No._______ of 20--

In the matter of:

-------------                                  ...Aggrieved Person/Complainant

Versus 

-------------                                                               ...Respondents

AFFIDAVIT 

I, ----------W/o ---------R/o -------------, Haryana, aged          years do hereby solemnly affirm and declare as under: -

1.    That I am the applicant in the accompanying application for protection of Women from Domestic Violence Act, 2005 and I am well conversant with the facts and circumstances of the case I am competent to swear this affidavit.

2.    That the details provided in the present application for the grant of relief under Section 18, 19 and 22 have been entered into by me/at my instructions and I have read and understood the contents of the accompanying application and I state that the averments made therein are true and correct and have been drafted by the counsel under my instructions.

3.    That the contents of the application have been read over and explained to me in Hindi.

4.    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.

5.    That the applicant apprehends repetition of the acts of domestic violence by the respondents against which relief is sought in the accompanying application.

6.    That the respondents have threatened the applicant, the full facts of the domestic violence coupled with illegal acts of violence, ill-treatment, misbehavior and harassment have not been reproduced for the sake of brevity.

7.    That the reliefs claimed in the accompanying application are urgent in as much as the applicant would face great 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 respondents if the said reliefs are not granted on an ex-parte ad- interim basis.

8.    That the facts mentioned herein are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

DEPONENT

VERIFICATION:

          Verified at Delhi on this     day of ----- 2023 that the contents of above affidavit are correct and true to my knowledge and nothing material has been concealed therefrom.

DEPONENT