In the Court of PRINCIPAL JUDGE, fAMILY COURT, -----------
Complaint Case No._______ of 20--
In the matter of:
------------- ...Aggrieved Person/Complainant
Versus
------------- ...Respondents
INDEX
|
S.No. |
PARTICULARS |
PAGE NO. |
|
1.
|
Memo
of Parties. |
|
|
2. |
An Application U/s 12,18,19,20, 22
& 23 of Domestic Violence Act, 2005 along with supporting affidavit
|
|
|
3. |
Application U/s 23(2) of the Protection
of Women from Domestic Violence Act, 2005 for interim relief along with
affidavit.
|
|
|
4. |
List
of Documents |
|
|
5. |
Vakalatnama |
|
Aggrieved person/Complainant
Through:
Advocate
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
MEMO OF PARTIES
W/o
R/o …Aggrieved
Person/Complainant
Versus
1.
S/o
R/o ...Respondent
No. 1
2.
S/o
R/o ...Respondent
No. 2
3.
W/o
R/o ...Respondent
No. 3
4.
W/o
R/o ...Respondent No. 4
Aggrieved person/Complainant
Through:
Advocate
New Delhi
Dated:
In the Court of -----------
Complaint Case No._______ of 20--
In the matter of:
W/o
R/o …Aggrieved
Person/Complainant
Versus
1.
S/o
R/o ...Respondent
No. 1
2.
S/o
R/o ...Respondent
No. 2
3.
W/o
R/o ...Respondent
No. 3
4.
W/o
R/o ...Respondent No. 4
Police Station: ---------------
APPLICATION IN
THE PRESCRIBED FORM II [RULE 6 (1) PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
RULES, 2006] UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM PROTECTION OF
WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
MOST RESPECTFULLY SHOWETH:
1. That the application under Section 12 of
the Protection of Women from Domestic Violence Act, 2005 is being filed along
with complaint of Domestic Violence by:
(a) Aggrieved Person/complainant
2.
It is prayed that the Hon'ble Court may
take cognizance of the complaint and pass all/any of the orders, as deemed
necessary in the circumstances of the case:
(a) Pass protection orders under section 18
and
(b) Pass residence order under section 19 and
(c) Direct the Respondents to pay monetary
relief under section 20 and
(d) Direct
the Respondents to grant compensation or damages under section 22 to the tune
of Rupees 50 lakhs and
(f) Pass
such interim orders as the Court deems just and proper;
(g) Pass
any orders as deems fit in the circumstances of the case
3. Orders required:
(i) Protection Order under Section 18
a) Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts enumerated in the complaint as stated in detail in ‘Brief Facts’. A specific application to this effect has been made before this Hon’ble court for passing necessary direction against the Respondent.
b) Prohibiting Respondent(s) from selling, transferring, mortgaging or from creating any charge, lien or encumbrances upon the Property bearing No. -------- measuring ---- sq. yards.
c) Prohibiting Respondent(s) from entering the residence of the complainant/Aggrieved Person.
d) Prohibiting any form of communication by the Respondent with the complainant/Aggrieved Person.
(ii) Residence Order under Section 19
(a) Directing the respondents U/s 19 (2)(5)(7)&(9) of D.V. Act and U/s 19(8) of D.V. Act for return the istridhan (Jewelry) and other property and valuable security to the complainant.
(b) Directing the respondent --- to secure same level of alternate accommodation for the complainant/ as enjoyed by her in the share household or to pay the rent for the same.
(iii) Monetary reliefs under section 20
Directing the
following to live with equivalent status of the Respondents:
-
Loss
due to removal of property
from
the control of the Applicant Rs --------
-
Litigation, medical counseling etc.
Rs.--------
-
For Maintenance: Food, clothes,
medication and other necessities Rs.------- monthly
(iv) Compensation Order under section 22
Directing the Respondents to pay compensation and damages for the injuries including the mental torture and emotional distress caused by the acts of domestic violence. The Respondents are responsible for causing traumatic, agonizing, shocking experience by their acts of domestic violence and as such are liable to pay as compensation of Rs. ----------.
4. Details of previous litigation, if any: Maintenance petition u/s 125 Cr.P.C bearing no. ---- filed by Complainant was withdrawn by the petitioner.
Brief
Facts of the Case
MOST RESPECTFULLY SHOWETH :-
The above named Applicant, most respectfully, submits as under:
1. That complainant met the accused no. 1 through matrimonial website ---------and their marriage was solemnized on ------at ---------according to Hindu rites and customs.
2. That wedding was organized at the abovementioned venue which was decided by respondents. The parents of the complainant spent around Rs. ----------in whole marriage of the complainant and the respondent no. 1. The parents of the complainant spent amount in her marriage which was more than their status. It is submitted that after marriage, the complainant and respondent no. 1 cohabited together-------------- and no child has been born out of the wedlock.
3. That in the marriage, the parents of the complainant, have given dowry articles to the complainant, her husband and other family members i.e. respondents and other relatives according to the demands raised by the respondent -- and his family members from time to time. Apart from their demands, various gifts, gold jewelry and expensive ---items were gifted to complainant from her parents, friends, relatives and neighbors of the family of the complainant.
4. That right after Roka, there was demand for ---------car by respondent --- namely -----------and complainant’s mother in law even when the complainant had already made it clear to her husband that her father was against dowry. There were repetitions and indications given several times by the respondents regarding Dowry demands.
5. That soon after marriage the Complainant was harassed on one pretext or to another by all the respondents. That Respondent -- was always nagging the Complainant that she had got inadequate dowry which was not commensurate to the Respondents’ family status.
6. That the complainant found that the behavior and conduct of the respondent and his family members, was not good/cordial towards her and they always treated and seen her indifferently and would not leave any stone unturned to harass and humiliate her.
7. That the complainant was badly treated at her matrimonial house and she was subjected to various forms of cruelty at the hands of Respondents.
8. That the complainant has been subjected to constant mental cruelty targeting her dressing, eating style, height, lifestyle and physical appearance. All of them used to constantly taunt and pass sarcastic comments the whole.
9. That complainant was constantly humiliated for the gifts given by her parents at the time of marriage and afterwards.
10. That respondents had put various restrictions on the movement of complainant and she was not allowed to go out on weekends inasmuch as she was not even allowed to stand on her balcony on the pretext that-------------. It is submitted that complainant was trapped by respondents in her matrimonial home with no freedom for giving a creative or positive atmosphere.
11. That respondents continuously harassed the complainant by making her do all the household chores beyond human capacity as well ---------.
12. That complainant was told by-------------. The complainant lived in constant fear that they would do the same with her and her family members.
13. That the complainant lived in constant fear in the matrimonial home and tried her level best to save the relationship by being passive and submissive to constant mental torture. The complainant always believed that marriage is a sacred relationship, in order to save this relationship and create a small space in the heart of her husband she suffered a lot and gave her all personal strengths and confidence.
14. That the respondent--- is a man of means and he has various income and properties which are following
a. Respondent no. 1 draws a salary of Rs.--------- from his job at ___________ designated as .
b. Respondent no. 1 has ------------Lakhs are credited to him every year.
c. Respondent No. 1 is maintaining a ---------lakhs.
d. Respondent no. 1 is the owner of------------
e. Respondent is owner of one-------------.
15. That respondent is living luxurious lifestyle and spent a considerable amount of travelling in India and foreign on multiple occasions.
16. That the complainant is presently unemployed though she is trying her best to get a job for herself. The complainant requires a sum of Rs.-------. The complainant is only dependent on the income of respondent no.1 and respondent no. 1 has no other liability except to maintain her for which the respondent no.1 flatly refused. The respondent no. 1 is liable to maintain the status of the complainant equivalent to the status he is enjoying.
17. That the matrimonial home of the complainant where all the acts of domestic violence was committed on her is situated at----------- which is fallen under the P.S.---------, which is within the jurisdiction of this Hon’ble Court, hence this Hon’ble Court having jurisdiction to try and entertain the present Application.
18. That the above named Respondents have committed acts constituting “Domestic Violence”. Hence, the Applicant is entitled for orders/reliefs under the Protection of Women from Domestic Violence Act, 2005.
19.
That in view of the acts and behavior of the respondents,
the aggrieved person has no other legal remedy except to file the present
application/complaint to protect her rights and get justice.
PRAYER
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 other order 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.
Aggrieved Person
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
LIST
OF DOCUMENTS
1.
Copy of Complaint filed before CAW
2.
Copy of --------at P.S. ----------
3.
Copy of List of articles taken by
petitioner from her matrimonial home.
4.
Copy of order dated -----------
5.
Any other document which court may deem
fit
in the interest of justice.
Aggrieved Person
Through:
New
Delhi
Dated:
