Application Under Domestic Violence Act, 2005 Before Judicial Magistrate

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, SAKET COURTS, NEW DELHI

COMPLAINT CASE NO._________OF 2021

IN THE MATTER OF:

MRS. ARCHNA GUPTA …APPLICANT

VERSUS

SATISH GUPTA …RESPONDENT

INDEX

S.NO Particulars Pages

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

Women from Domestic Violence Act, 2005,

With Affidavit

Annexure-A [Copy of Election Card as Id

Proof of the complainant]

Annexure-B [Copy of Ration Card of father

of Complainant as proof of residence.]

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

The Protection of Women from

Domestic Violence Act, 2005

List of witnesses
Vakalatnama

Delhi Filed By

Date : Avinash Nandan Sharma

Advocate

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, SAKET COURTS, NEW DELHI

COMPLAINT CASE NO._________OF 2021

IN THE MATTER OF:

MRS. ARCHNA GUPTA …APPLICANT

VERSUS

SATISH GUPTA …RESPONDENT

MEMO OF PARTIES

Mrs. Archna Gupta

W/o. Mr. Satish Gupta

D/o.Sh. XX

R/o. K-3 , Sangam Vihar, New Delhi-110062 …APPLICANT

VERSUS

Mr. Satish Gupta

S/o. Late R

R/o. (Permanent)-

House No.3, Chandigarh Punjab. …RESPONDENT

Delhi Filed By

Date : Avinash Nandan Sharma

Advocate

Ch.No.671, Patiala House Court, N. Delhi

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, SAKET COURTS, NEW DELHI

COMPLAINT CASE NO._________OF 2021

IN THE MATTER OF:

Mrs. Archna Gupta

W/o. Mr. Satish Gupta

D/o.Sh. Kishan Gopal Gupta

R/o. K-3

Sangam Vihar, New Delhi-110062 …APPLICANT

VERSUS

Mr. Satish Gupta

S/o. Late Ram Das Gupta

R/o. Chandigarh Punjab. …RESPONDENT

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

SIR,

MOST RESPECTFULLY SHOWETH:-

That the complainant having two children is a woman of about 35 years of age who has been made the victim of domestic violence, harassment and torture by her husband/respondent and was compelled to leave the matrimonial home in the state of fear without any means of survival and support. The two children are represented in this Application/Petition by the complainant as being their mother she is the natural guardian of them. The complainant is presently residing with her parents who are resident of Delhi. The copy of Election Card of the complainant as an ID proof and Ration Card of the father of complainant as residence proof are enclosed herewith as Annexure-A&B
That the respondent is the husband of the complainant who is a big businessman having shops of Wine & Beer Bar at Chandigarh and a Restaurant near Pinjaur, Haryana. He has invested Rs.20,00000(Rs.Twenty Lakhs), Rs.7,50000 (Rs. Seven lakhs fifty thousand) and Rs.4,50000 (Rs. Four lakhs fifty thousand) in many Committees and has acquired land on his name. The respondent is a man of means earning more than Rs. 5,00000(Rs. Five lakhs) per month and possessing ancestral property. The respondent is the permanent resident of Chandigarh, Punjab.
That the marriage between the complainant and the respondent was solemnized on 05.05.1992 according to Hindu rites, rituals and customs at Chandigarh as a completely arranged marriage. Rs.1,50000 (One lakh fifty thousand) in cash, gold chains , rings and gold bangles besides other homely articles were given to the complainant as a Stridhan as per the capacity of the complainant’s family at the time of marriage which was kept by the respondent thereafter and the same has never been given back to the complainant till date and is in the possession of the complainant.
That the two children were born out of the said wedlock namely, D , a girl of the age of 17 years and X , a boy aged 12 years They are school going children studying at class 12^th and 8^th In fact, they are also the victim of domestic violence and economic hardship. The daughter was once sent to a shelter home but was brought back by the complainant. The situation created by the respondent has placed the children in a pitiable condition.
That after the marriage the complainant tried to adjust in the matrimonial home but the respondent started abusing and beating the complainant at one and another excuse. That the complainant has become victim of domestic violence, harassment and exploitation and has been subjected to cruelty by respondent who is in habit of taking wine and keeping his physical relation with call girls. It is pertinent to mention here that the respondent is having illegal physical relation with his Bhabhi, Rani Gupta, the wife of his elder brother named Murari and causes mental torture to the complainant by portraying his loving and enjoying moments with his Bhabhi before complainant and by taking every favour with his Bhabhi expending huge money on her.
That respondent is continuously demanding dowry in cash and kind committing cruelties against the complainant. He 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 has been frequently abusing and giving threats to the complainant and her family members. He always shows very aggressive nature and angry gesture and even sometimes beats the children.
That the complainant has been brutally beaten by hard stick, sword, hand and legs but the complainant bore all these sufferings just to see the face of her children. However, when her daughter named Dharana Gupta was subjected to cruelties, the complainant reacted against it and she was thrashed and thrown out of the matrimonial house. There are the signs of wound, cut and fracture on the left hand given by the respondent to the complainant through sword and stick besides the black spot on the thigh due to the burning inflicted by the respondent which speak themselves the endless story of violence, torture and harassment.
That on 14/11/2018, the respondent in state of intoxication started beating the complainant and threw her out of the house bearing full address as House no. 2, Chandigarh where the parties were living on rent at that time. Then police of Sector 19 Police station, Chandigarh was called and the complainant kept sitting for the whole day in the Police Station. Even medical examination of the complainant was got conducted by the help of Inspector Ms. Iram Rezari of the concerned police station. It is pertinent to mention here that the respondent is a very rich and influential person with confidence of managing police, court and other authorities and he also has a criminal record of his involvement in a murder case of a woman in the Year 2001 with whom he was in physical relation.
That on Aug.-Sep. 2018, the complainant’s father was called by the respondent at his house and the respond kept him in illegal confinement with threat-‘So long as you do not call back your daughter here, I would not let you go’. Surprisingly, old father was slapped on his face by the respondent. That on Dec. 2018 when the complainant came to her parents’ house in Delhi because of unbearable torture and cruelties against her the respondent also came to Delhi and created scene there and threw stone on the house of the complainant’s father saying- ‘Since she is my wife, she is bound to come with me’.
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.
That on 03.10.2019, the respondent again threw the complainant out of the house after beating her brutally and abusing roughly. The respondent also managed local police who came and threatened the complainant to leave the matrimonial home. Thus in a state of physical pain and extreme fear and finding no way out, the complainant went to her parents at Delhi. Thereafter, respondent started beating and torturing the children and threatened the complainant on phone that her daughter could be kidnapped. Later, he even filed a false complaint in the local police station regarding the kidnapping of the daughter by the complainant. When police made a call to complainant and her daughter, the fact of respondent’s false statement and his criminal intention of kidnapping his daughter himself came into light.
Lastly on 26.04.2021, the respondent did the same acts of cruelty throwing the complainant out of home and she came to Delhi to her parents. That the complainant in the existing facts and circumstances is unable to access to her matrimonial home without any protection. The complainant is the mother of two minor children under fear, threat, torture and insecurity and has no means for the survival and maintenance of herself and her children as she is completely a house wife with only10^th class education. The complainant under such circumstances has been compelled to move here and there.
That the complaint is not presented in collusion with the respondent.
That the complaint is being filed by the complainant for herself and for her two minor children named Dharana Gupta and Deepak Gupta as She is their natural guardian.
That there has not been any unnecessary or improper delay in filing the complaint.
That there is no other legal ground as to why the relief prayed for should not be granted to the complainant.
That the complainant is residing in Delhi with her parents who are resident of Delhi and as such this Hon’ble Court has the jurisdiction to entertain and try present complaint.
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 and the Custody orders under Section-20 and 21 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.

…APPLICANT

THROUGH

AVINASH N. SHARMA

Advocate

Delhi

Dated:

VERIFICATION

I, Archna Gupta, 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 16^th day May 2021

…APPLICANT

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, SAKET COURTS, NEW DELHI

COMPLAINT CASE NO._________OF 2021

IN THE MATTER OF:

MRS. ARCHNA GUPTA …APPLICANT

VERSUS

SATISH GUPTA …RESPONDENT

AFFIDAVIT

I, Archna Gupta, Aged about 35 years W/o. Sh. Satish Gupta D/o.Sh. XX , Sangam Vihar, New Delhi-110062 do hereby solemnly affirm and declare as under:-

That I am the complainant in the accompanying application filed for myself, my daughter and son under Section-12 of the Protection of Women from Domestic Violence Act, 2005.
That being their mother I am the natural guardian of my daughter Dharana and son Deepak aged 17 years and 12 years respectively.
That I am fully conversant with the facts of the case and am competent to swear this affidavit.
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 .
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.
That my marriage with the respondent was solemnized on 05.05.2001 according to Hindu rites, rituals and customs at Chandigarh as a completely arranged marriage.

DEPONENT

VERIFICATION

Verified at Delhi on this 16^th day of May 2021 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 JUDICIAL MAGISTRATE, SAKET COURTS, NEW DELHI

COMPLAINT CASE NO._________OF 2021

IN THE MATTER OF:

MRS. ARCHNA GUPTA …APPLICANT

VERSUS

SATISH GUPTA …RESPONDENT

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

I, Archna Gupta, Aged about 35 years W/o. Sh. Satish Gupta D/o.Sh. XX Sangam Vihar, New Delhi-110062 do hereby solemnly affirm and declare as under:-

That I am the complainant in the accompanying application under Section-12 of the Protection of Women from Domestic Violence Act, 2005 filed for myself and for my daughter and son by me 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 .
That I am the natural guardian of my daughter Dharana Gupta and son Deepak Gupta aged 17 years and 12 years respectively.
That being conversant with the facts and circumstances of the case I am competent to swear this affidavit.
That my marriage with the respondent was solemnized on 05.05.1992 according to Hindu rites, rituals and customs at Chandigarh as a completely arranged marriage.
That the deponent has lived with the respondent in a rented place at House No.XX, Chandigarh, Punjab and also at Permanent matrimonial home- at House No. AB, Chandigarh Punjab since her marriage.
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.
That the contents of the said complaint have been read over and explained to me.
That the contents of the said complaint may be read as part of this affidavit.
That the complainant apprehends repetition of the acts of domestic violence by the respondent against which the relief is sought in the accompanying complaint.
That the respondent has threatened the complainant and her parents that he will not maintain the complainant and the children financially and even eliminate her existence if she raises voice against this state of affair.
That the reliefs claimed in the accompanying complaint are urgent in as much as the complainant and her children 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.
That the facts mentioned herein are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

…APPLICANT

VERIFICATION

Verified at Delhi on this 16^th day of May 2021 that the contents of complaint are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

…APPLICANT

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, SAKET COURTS, NEW DELHI

COMPLAINT CASE NO._________OF 2021

IN THE MATTER OF:

MRS. ARCHNA GUPTA …APPLICANT

VERSUS

SATISH GUPTA …RESPONDENT

LIST OF WITNESSES

Complainant herself.
A , daughter of the complainant
Z, mother of the complainant
K , father of the complainant
B , brother of the complainant
Any other witness with the permission of this Hon’ble court

Filed By

AVINASH N. SHARMA

Advocate

Delhi

Dated: