CriminalDrafting

Draft of Complaint under Domestic Violence Act, 2005

May 18, 202212159 By Avinash Nandan Sharma

IN THE COURT OF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS,    DELHI

COMPLAINT CASE NO._________OF 2022

 

IN THE MATTER OF:

MRS. JYOTI                                              …COMPLAINANT

VERSUS

NITIN                                                          …RESPONDENT

INDEX

S.NO       Particulars                  Pages

  1.   Memo of parties
  2. Application U/s. 12 of the Protection of

Women from Domestic Violence Act, 2005,

With Affidavit

  1. Annexure-A Copy of Election Card as Id

Proof of the complainant]

  1. Annexure-B [Copy of Ration Card of

father of Complainant as proof of residence.

 

  1. Application/ Affidavit U/ s. 23 (2) of

The Protection of Women from

Domestic Violence Act, 2005

  1. List of witnesses
  2. Vakalatnama

Filed by:

AVINASH NANDAN SHARMA

Advocate

Ch.No.671, Patiala House Courts

                                    New Delhi-110001, Mob.8800794128

Place: Delhi

Date:

 

IN THE COURT OF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS,    DELHI

COMPLAINT CASE NO._________OF 2022

 

IN THE MATTER OF:

MRS. JYOTI                                            …COMPLAINANT

VERSUS

NITIN                                                        …RESPONDENT

 

MEMO OF PARTIES

Mrs. Jyoti

W/o. Mr. Nitin

D/o. Late Sh. AB

R/o. XY, U.P.201010                                        … COMPLAINANT

 

VERSUS

  1. Nitin

S/o. Late Sh. AB

 

  1. Geeta Devi

W/o. Late Sh. AB

 

  1. Abhilash

S/o. Late Sh. Naresh Kumar

 

All R/o. House no. ,

Gali No. XX

P.S. New Usmanpur, Delhi-53                    …RESPONDENTS

 

 

 

                                                               Filed By

                                                    Avinash Nandan Sharma

Advocate

Ch.No.671, Patiala House Court, New Delhi-1

 Place: Delhi

 Date:

 

 

IN THE COURT OF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS,    DELHI

COMPLAINT CASE NO._________OF 2022

 

IN THE MATTER OF:

Mrs. Jyoti

W/o. Mr. Nitin

D/o. Late Sh. AB

R/o. XX, U.P.201010                                   … COMPLAINANT

 

VERSUS

  1. Nitin

S/o. Late Sh. AB

  1. Geeta Devi

W/o. Late Sh. AB

  1. Abhilash

S/o. Late Sh. AB

All  R/o. House no.XX

P.S.  Usmanpur, Delhi-53                            …. RESPONDENTS

P.S.  Usmanpur

APPLICATION UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

SIR,

MOST RESPECTFULLY SHOWETH:-

  1. That the complainant is a woman of about 23 years of age who has been made the victim of domestic violence, harassment and torture by her husband, mother in- law and Dewar and was kicked out from the matrimonial home after giving beatings  in the state of fear without any means of survival and support. The complainant is presently residing with her mother at Sahibabad, Ghaziabad, U.P. The copy of Adhar Card of the complainant as an ID proof are enclosed herewith as ANNEXURE-A.
  2. That the respondent no.1 is the husband of the complainant who is a  businessman having his own shop of General Store and receiving rent amount from other shops given on rent  at his house in   The respondent is a man of means earning more than Rs. 50,000 (Rs. Fifty Thousand) per month from and possessing ancestral property. The respondent is the permanent resident of Delhi.
  3. That the marriage between the complainant and the respondent was solemnized on 18.04.2018 according to Hindu rites, rituals and customs at the house of the parents of the complainant at Sahibabad, U.P. as a completely arranged marriage. The complainant’s family gave Rs. 6,000000/- (Rs.Six lakhs) in cash to the respondents as a dowry amount as per their demand. The gold chains, gold ear rings and gold rings etc. besides other homely articles worth Rs.5,00000/- (Rs. five lakhs) were given to the complainant as Stridhan as per the capacity of the complainant’s family at the time of marriage which were kept by the respondents thereafter and the same has never been given back to the complainant till date and is in the possession of the respondents.   Thus the total amount spent by the complainant’s family in the marriage by way of dowry amount , stridhan and marriage arrangement is Rs. 15 lakhs. The list of Stridhan is annexed herewith as ANNEXURE-B.
  4. That on 06.04.2018, a Tilak ceremony was held at the house of the respondent in which approx. 30 people gathered from both sides. The family of the complainant gave Rs 5,1000/- to the respondent no.1 besides 11 kg. sweets, mewas and 20 kg. fruits. On 15.04.2018 Lagan Sagai ceremony was also held at the place of the respondents on their demand where aprox115 people on the side of the respondent and 35 persons from the complainant’s side attended the function and the family of the girl gave Rs.31,000/- in cash and other house hold articles and utensils to the respondents.  A bullet Bike (Classic) of Rs.1 lakh 50 thousand was given to the respondents in marriage on their demand. Thus it was totally an arranged marriage and deferent ceremonies and rituals were performed spending huge money from the side of the complainant as per the demand of the respondents.
  5. That after the marriage the complainant tried to adjust in the matrimonial home at Delhi but the respondents started abusing , taunting and beating her for bringing insufficient dowry in marriage. That the complainant has become victim of domestic violence, harassment and exploitation and has been subjected to cruelty by respondents.
  6. That the respondent no.1/husband is in habit of taking wine and keeping his physical relation with other girls. It is pertinent to mention here that the respondent no.1 is having illegal physical relation with other girls who in connivance with the respondent no.1 used to call at the number of complainant and represent themselves as the wife of the respondent no.1. Such illegal extra marital affairs causes mental torture to the complainant
  7. That respondents are continuously demanding dowry in cash and kind committing cruelties against the complainant. Respondent no.2/ Mother in law says that the status of the complainant’s family is very low in compare to that of his family and complainant has not come to his house as his wife but as a maid. The respondent no.1&2 have been frequently abusing and giving threats to the complainant and her family members. The respondent no.1 always shows very aggressive nature and angry gesture and even beats the complainant.
  8. That the complainant has been brutally beaten by stick,, hand and legs by the respondent no.1 on the instigation of his mother for fulfilment of the demand of dowry. Brother of the respondent no.1, Abhishek and marriage broker Babulal provoked the respondents to commit more cruelties on the complainant so that she could bring  2 lakhs from her family. However, the complainant bore all these sufferings because of the respect of her family.
  9. That on 15/07/2018, the respondent no.1 in state of intoxication started beating the complainant and said “ I have to improve my shop work, so bring Rs.2 lakhs from your home or else face the consequence.” When the complainant refused to bring money , the respondent no.1 tried to throttle the complainant and she anyhow rescued herself and stated the incident to his mother in law who not only supported her son  but also  threatened the complainant to kill her if she did not  bring the money for her son for his business. On having heard all these things, when the brother of the complainant came at her  matrimonial home, the respondents also misbehaved with him and threw him out from his house.
  10. 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 the character of the complainant, on the contrary, it is respondent who has illicit relations with many call girls and frequently takes wine and other forms of intoxication.
  11. That the respondent no.1 one day just after 2 and 3 months of the marriage came with his friend and send him in the room of the applicant to sleep with her, however , applicant reacted to this behavior of the respondent no.1 and came out from the room and escaped herself from any sexual assault by his friend.
  12. That on 20.08.2018, the respondents threw out the complainant out of the house after beating her brutally and abusing roughly. Thus in a state of physical pain and extreme fear and finding no way out, the complainant went to her parents at Sahibabad, U.P. That the complainant in the existing facts and circumstances is unable to access to her matrimonial home without any protection. The complainant is a lady under fear, threat, torture and insecurity and has no means for the survival and maintenance of herself  as she is completely a house wife with only12th class education. The complainant under such circumstances has been compelled to move here and there seeking financial support from his relatives and family members.
  13. That the complaint is not presented in collusion with the respondent.
  14. That there has not been any unnecessary or improper delay in filing the complaint.
  15. That there is no other legal ground as to why the relief prayed for should not be granted to the complainant.
  16. That the complainant’ matrimonial home is at  Delhi-110053 where respondents have been residing and case of action has occurred while she was residing  with her husband  and as such this Hon’ble Court has the jurisdiction to entertain and try present complaint.
  17. That the requisite court fee has been paid thereon.

 

In view of the above facts and circumstances, it is most respectfully prayed that your Good Self may be pleased to:

Pass an order in favour of the complainant and against the respondent for the right to reside in a shared household /a separate accommodation of same standard provided by the respondent under the provisions of Section-17 of the Protection of Women from Domestic Violence Act, 2005.

Pass protection and residence order under Section- 18 and 19 of the said Act, 2005.

Pass order in favour of the complainant and against the respondent granting monetary relief under Section-20 of the said Act.

Pass compensation order under Section-22 of the said Act.

Grant interim and ex-parte orders in favour of the complainant and against the respondent in respect of the reliefs as prayed for in clause A to D of the prayer under the provision of Section 23 of the said Act. And/or

Any other and further order/relief which this Hon’ble may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the complainant and against the respondent to secure the ends of justice.

 

COMPLAINANT

THROUGH

AVINASH NANDAN SHARMA

Advocate

Ch.No.671, Patiala House Courts

  New Delhi-110001, Mob.8800794128

Place: Delhi

Date:

 

                                   VERIFICATION

I verify on solemn affirmation that the contents of complaint are true and correct to the best of my knowledge and belief and have been drafted on my instructions and explained to me in vernacular. Nothing material has been concealed therefrom.

Verified at Delhi on this 16th day May 2022

 

COMPLAINANT

 

 

 

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS,   DELHI

COMPLAINT CASE NO._________OF 2022

IN THE MATTER OF:

MRS. JYOTI                                                        …COMPLAINANT

VERSUS

NITIN                                                                    …RESPONDENT

 

                                  AFFIDAVIT

I, Mrs. Jyoti W/o. Mr. Nitin D/o. Late Sh. XY R/o. XX  U.P.201010, presently at Delhi, do hereby solemnly affirm and declare as under:-

  1. That I am the complainant in the accompanying application filed  under Section-12 of the Protection of Women from Domestic Violence Act, 2005.
  2. That I am fully conversant with the facts of the case and am competent to swear this affidavit.
  3. That the contents of the accompanying complaint under Section-12 of the said Act has been drafted by my counsel under my instructions and the contents of the said Application are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct .
  4. That the contents of the said complaint may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity.
  5. That my marriage with the respondent was solemnized on 18.04.2018 according to Hindu rites, rituals and customs at Delhi as a completely arranged marriage.

 

 

DEPONENT

VERIFICATION

Verified at Delhi on this 16th day of May 2022 that the contents of complaint are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

 

 

DEPONENT

 

 

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS,   DELHI

COMPLAINT CASE NO._________OF 2022

IN THE MATTER OF:

MRS. JYOTI                                                        …COMPLAINANT

VERSUS

NITIN                                                                  …RESPONDENT

 

APPLICATION/ AFFIDAVIT UNDER SECTION 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

 

I, Mrs. Jyoti W/o. Mr. Nitin D/o. Late Sh. AB R/o.XX, U.P.201010, presently at Delhi, do hereby solemnly affirm and declare as under:-

 

  1. That I am the complainant in the accompanying application under Section-12 of the Protection of Women from Domestic Violence Act, 2005 filed against the respondent and the contents of the said complaint may kindly be read as part and parcel of this Application /Affidavit as the same are not repeated here for the sake of brevity .
  2. That being conversant with the facts and circumstances of the case I am competent to swear this affidavit.
  3. That my marriage with the respondent was solemnized on 18.04.2018 according to Hindu rites, rituals and customs at Delhi as a completely arranged marriage.
  4. That the deponent has  lived with the respondent in at Permanent matrimonial home- at House No. XX , Delhi since her marriage till she was thrown out of it.
  5. That the details provided in the present complainant for the grant of relief under Section-12 of the said Act have been entered into by me/at my instructions.
  6. That the contents of the said complaint have been read over and explained to me.
  7. That the contents of the said complaint may be read as part of this affidavit.
  8. That the complainant apprehends repetition of the acts of domestic violence by the respondent against which the relief is sought in the accompanying complaint.
  9. That the respondent has threatened the complainant and her parents that he will not maintain the complainant  financially and even eliminate her existence if she raises voice against this state of affair.
  10. That the reliefs claimed in the accompanying complaint are urgent in as much as the complainant  would face great financial hardship and would be forced to live under threat of repetition/escalation of acts of domestic violence by the respondent, complained of in the accompanying complaint if the said reliefs are not granted on ex – parte ad interim basis.
  11. 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 Delhi on this 20th day of May 2022 that the contents of complaint are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

 

 

DEPONENT

 

 

IN THE COURT OF  CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS,  DELHI

COMPLAINT CASE NO._________OF 2022

IN THE MATTER OF:

MRS. JYOTI                                                        …COMPLAINANT

VERSUS

NITIN                                                                   …RESPONDENT

 

LIST OF WITNESSES

  1. Complainant herself.
  2. Raj Kumari , mother of the complainant
  3. Kish Lal, father of the complainant
  4. Sonu Kumar, brother of the complainant
  5. Any other witness with the permission of this Hon’ble court

 

 

COMPLAINANT

THROUGH

AVINASH NANDAN SHARMA

Advocate

Ch.No.671, Patiala House Courts

 New Delhi-110001, Mob.8800794128

Place: Delhi

Date:

 

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