Evidence Affidavit in DV Case (Domestic Violence Act 2005)

IN THE COURT OF MS. RUPA TALWAR, MM,

PATIALA HOUSE COURTS,   NEW DELHI

COMPLAINT CASE NO. 132 OF 2021

IN THE MATTER OF:

Mrs. Shruti                                                                  … COMPLAINANT                                             

                                         VERSUS

Vimal Kumar                                                            … RESPONDENT

                P. S. R.K. Puram

                                                                           DOH: 11.04.2022

EVIDENCE BY WAY OF AFFIDAVIT OF THE COMPLAINANT, MRS. SHRUTI

I,  Mrs. Shruti  W/o. Vimal Kumar D/o. Sh.Ashok Singh , aged about 43 years R/o. House no.11,  Sangam Vihar, New Delhi-62  do hereby solemnly affirm and declare:-

1. I am the deponent in this affidavit and have filed complaint before this Hon’ble court under Section 12 of DV Act, 2005. I am the respondent’s wife in the present case and well conversant with the facts of the case.
2. I say that I, the mother of two children am a woman of about 43 years of age who has been made the victim of domestic violence, harassment and torture by her husband/respondent and was thrown out of  the matrimonial home at House no.2, , R.K. Puram, New Delhi-110022 in the state of fear without any means of survival and support.  The copy of my Aadhar Card  is Mark-A. (OSR)
3. I say that the respondent is my husband who is  a Govt. Employee working at Maulana Azad Medical Collage, Delhi since 2004 and getting the salary of Rs. 45,000 per month. The respondent is also having movable and immovable properties and bank balances in his name. He is registered owner of the house at Olmbi Kala, Azadpur,  Delhi and farming land at Buland Shahar besides being the shareholder of joint family property from which he earns the income of  30,000 per month. That the respondent / husband is a man of means and he is leading a luxurious life.
4. That the marriage between us was solemnized on 06.03.2002 at Aligarh, U.P. according to Hindu rites and ceremonies and two children namely Monu aged about 17 years and Sounu aged about 15 years were born out of the said wedlock.
5. That at the time of solemnization of my marriage with the respondent,  my parents had given more than sufficient cash, dowry articles i.e. gold and silver jewelries i.e. 3 Gold rings, two gold chains, gold ear rings, silver Payal, and costly clothes and gifts etc. and the same are still under the illegal custody and possession of the respondent. Despite repeated request, the respondent is not ready to return the streedhan to me.
6. I say that I have become victim of domestic violence and have been subjected to cruelty, torture and exploitation by respondent. That respondent used to beat me having the gap of 15 days or 1 month on one pretext or other. I informed about this cruel acts of the respondent to my family members.  My parents counseled me to bear this situation for the sake of children and respect of the family.
7. That the respondent is a drunker who is in habit of taking wine and used to beat me in intoxication and his mother abused me in support of his son for bringing insufficient dowry. Since the inception of the marriage, respondent and his mother was not happy with the dowry articles and the cash amount of Rs.2, 00,000 and always taunted me.
8. That the respondent is having illegal physical relation with his relative namely Asha, resident of Jhuggi , Sector 1, R.K. Road , New Delhi and causes mental torture to me by portraying his loving and enjoying moments with Asha before me and by  expending huge money on her.
9. I say that I have always discharged my matrimonial obligations towards my husband and in-laws and considered the grievance and situations of the respondent. However, respondent never gave a single penny to me and I was kept in a very miserable conditions without any sort of facility and comfort.
10. I say that respondent now continuously demanding dowry in cash and kind committing cruelties against me. He says that the status of my family is very low in compare to that of his family and I have not come to his house as his wife but as a maid. The respondent has been frequently abusing and giving threats to me and my family members. He always shows very aggressive nature and angry gesture and even sometimes beats the children.
11. That I have been brutally beaten by stick,  hand and legs of the respondent but I bore all these sufferings just to see the face of my children whom he has now kept in his illegal custody and does not allow me to meet their children. There are the signs of wound and cut on my body given by the respondent through hand and stick which speak themselves the endless story of violence, torture and harassment.
12. I say that on 28.05.2016 in the night I was brutally beaten by the respondent in the presence of her mother in law who was abusing me and supporting the acts of her son and was kicked out of the matrimonial home. Respondent threatened me on that day after having given beatings to me that he would kill me if I stayed at matrimonial home. 100 no. call was made and respondent ran away from the home before police reached there. Police came there and said that I should come to police station next day. In a state of fear and injury, on 01.06.2016 I went to R.K Puram Police Satation and gave a written complaint there. I also sent a complaint to the National Women Commission in this regard. I anyhow escaped myself and reached parental home at Aligarh, U.P. The receiving copy of Police Complaint bearing DD No.38B dated 01.06.2016 is exhibited as CW-1. The Acknowledge Letter issued by National Human Rights Commission is Ex.CW-2.  The copy of postal receipts as proof of service to the various authorities are  Ex.CW-3.
13. That I received a Letter dated 21.09.2016 from P.S. R.K. Puram regarding sending of my complaint dated 01.06.2016 to CAW Cell, South Distrct for counselling of both parties and also received a Notice dated 23.05.2017 from CAW Cell in this regard. The copy of the Letter from R.K. Puram Police Station is exhibited as CW-4 and Notice from CAW Cell are Exhibited as Ex.CW-5.
14. That the respondent uses extremely abusive language before the complainant and the children which cannot be mentioned in words and he declares- ‘No one can do anything against me.’ “Teri aukat kya hai? Paise se tere jaisi chhattis milti hain.” The respondent has been also making false allegations against my character, on the contrary, it is respondent who has illicit extra-marital relations with his relative namely Asha and spends his nights with her. Even on bed with me, the respondent talked with Asha on phone for hours. Whenever I objected anything about this illegal affair, he started beating and abusing me.
15. That both the children are in the illegal custody of the respondent and he is committing cruelties upon them and not maintaining them at all. The custody of the children should be given to me immediately so that there life can be saved. I am not allowed to meet my children.
16. I say that respondent had thrown me out from my matrimonial home and even filed on 16.07.2016 a case of divorce on the false grounds of cruelty before the Family Court , Patiala House Courts, New Delhi and the same was dismissed by Ms. Sonam Sharma, Pricipal Judge, Family Court, Patiala House Courts, New Delhi on 24.12.2018.
17. I say that on 22.01.2019, I went to my matrimonial home when my Devrani expired where the respondent having seen me there started abusing and giving threats to me and warned me not come again in his home. Other relatives present in such situation of grief and sorrow managed the aggressive behavior of the respondent. Thus I was compelled to leave the matrimonial house on that day.
18. That I in the existing facts and circumstances am unable to access my matrimonial home without any protection and I am leading a life of helpless woman. I am under fear, threat, torture and insecurity and I have no means for my survival and maintenance as I am completely a house wife with only 5^th class education. That I under such circumstances have been moving here and there seeking monetary help from my parents, brother and other relatives.
19. That the above facts and incidents are ture to my knowledge and beliefs.

                                                                             DEPONENT

   VERIFICATION

I, verify on solemn affirmation that the contents of affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Verified at Delhi on this  8^th  day of March 2022

                                                                                   DEPONENT