IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, PANCHKULA

-Complainant VERSUS 1.
son of son of 3. wife of

son of
All residents of H.No. Sector , Panchkula.

Find /Address , SCF No. Sector, Chandigarh.

-Respondents

Application under section 12, 18, 19, 20 and 22 of the Protection- of

Women from Domestic Violence Act 2005.

RESPECTFULLY SHOWETH:-

1.

That the application under section 12 and other sections of protection of women from Domestic Violence from 2005 is being filed by the complainant who is the aggrieved person in the present

case. The facts necessitating the filing of the present complaint

against the respondents have been set out in

to follow.

detail in the paras

2.

That before going into the details it is necessary to point out

Contd..2

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the relationship between the complainant and the respondents. The respondent No.1 is the husband, respondent no.2 is Jeth and respondent No.3 is jethani and respondent No.4 is Devar.

3.

That the marriage of the complainant was solemnized with respondent No.1 on 26-07-2009 and the said marriage was a arranged marriage which got fixed through matrimonial

advertisement in a newspaper. The marriage was performed in Resorts on Panchkula Zirakpur Road. The father of the

complainant spent around Rs.25,00,000/- and as per the demand of the respondent No.1 and his family members the barat included about 800 persons. One Alto Car / 32 Inches LCD, Tape Recorder, Washing Machine, Utensils, Beds, Mattresses, Clothes, a Gold Ring for respondent No.4 one gold set appox.20 grams to mother-in-law, one Golden Kara to Father-in-law 20 grams, Golden earrings for uncle, aunty, Jeth-Jethani, One Golden ring to the husband and one gold ring to the devar and 21 pairs of clothes for respondent No.1 alongwith golden bracelet, gold chain, gold ring and a diamond ring and further a sum of Rs.10,00,000/- was given to the respondent at the time of marriage as they had desired that they would purchase the furniture and other house hold articles as per their choice so accordingly the parents of the complainant gave some of Rs.10,00,000/- in cash to the respondent at the time of marriage in lieu of furniture and other house hold articles. The

Contd..3

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parents of the complainant spent about Rs.25,00,000/- on the said marriage and gave sufficient dowry articles to the

respondents alongwith Shagun articles. The marriage was performed with great pump and show.

4c

That the marriage of the complainant with respondent No.1 ran into rough weather as the respondents were not satisfied with the Shagun and dowry articles and started taunting and harassing the complainant for not bringing sufficient dowry . The father of the complainant gave customary gifts, shagun and other items on various festivals, but despite this, the greed of the respondents vies not satisfied.

5.

That the complainant got pregnant after five months of the marriage and the respondent No.1 and his family members did not took care of the complainant during this critical period didn't took care the pregnancy and forcibly sent the

complainant to her parental home by saying that she would be taken care of much better in her parental home. There the complainant stayed for about 3 months and the respondent No.1 did not enquire about the health and well being of the complainant. When the complainant
her

after

three

months

somehow managed to enter

in-laws house then she was

again told after 15-20 days to go back to parental home as they have to get some repairs done in their home whereas, no such repairs were to be done. The complainant gave birth to

Contd.,4

-4male child namely on 29-07-2010. The said. child was born out of the wedlock and was a premature child. The complainant during the pregnancy was not taken care of by the respondents and was treated with cruelty and made to do hard labour despite pregnancy. The nanand of the complainant got married with her real uncle, during the pregnancy of the complainant and she returned back to the parental home within few days and it was disclosed that she is pregnant and has to be taken care by the complainant, the complainant was further asked to take care of nanand and to do all house hold work including washing of the clothes etc. further the complainant was given room on the first floor and heavy things were asked to be loaded from ground floor to the first floor which caused damage to the pregnancy of the complainant and as such premature child was born to the complainant. The respondent No.1 to 4 used to harass and humiliate her on number of occasions. They demanded money and gifts from her. All of them used to slap the complainant for no reason and tried to intimidate her.

6.

That before the marriage the respondents told the complainant as well as her parents that respondent No.1 is a teetotaler and he does not have any bad habits. However, after the marriage the complainant came to know that respondent No.1 is addicted to bad habits and also lats to non veg food, whereas, it was told by the parents of the complainant and the complainant before marriage that the complainant does not eat

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and cook non veg and neither she would touch the same. The complainant was forcibly asked to bring raw non veg items from the market and was told to cook the same in the matrimonial home. When the complainant objected to the same the respondent No.1 used to beat the complainant on asking of the respondent No.2 and 4. On one such incident the complainant called her parents and cried for help, later the respondents felt sorry for their conduct and apologized to the parents of the complainant and promised not to repeat such acts in future.

7,

That the respondent No,1 did not pay a penny towards the treatment of the complainant at the time of pregnancy and after the delivery of the child The complainant was admitted in Nursing Home, Sector , Chandigarh by the parents of the complainant and all the expenses of the delivery and looking after further complications in the delivery and treatment of the premature child were made by the parents of the complainant. The respondent No.1 did not took care of the complainant and rather used to abuse and humiliate the complainant in the presence of the nurse and other staff in Bedi Nursing Home alSO.

8.

That after the delivery of the child the respondent No.1 did not took back the complainant to the matrimonial home rather, told the parents of the complainant to keep the complainant for at

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least two months in the parental home and even in these two months he never came to ask for the well being and any requirement of the complainant and even did not meet the child. On this behavior of the respondent No.1 the parents of the complainant requested the respondent' No.1 to take the complainant back to the matrimonial home. On this the

respondent no.1 took the complainant to the matrimonial home and made the complainant to stay on the first floor in a small room where there were no arrangements of the minimum necessities required and no arrangement for milk or any kitchen for the purpose of preparing milk and other items for the child were available. When the complainant requested respondent No.1 to make some arrangements for boiling of the milk and feed bottles in the room or make some temporary kitchen in the room, so that in the late hours or in the night other family members were not disturbed, this issue was raised negatively and the respondent No.2 and 3 proclaimed that the complainant wants to create partition in the matrimonial home and as such false acquisitions were made against the complainant due to which many disputes arised so the

parents of the complainant were called and in the presence of the parents respondent No.1 gave beatings to the complainant and further respondent N0.2 also assaulted the parents of the

complainant on this the father of the complainant called the police, but the respondents felt sorry and as such no action was done or proposed to the police by the complainant and her

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parents. The complainant on the same day was sent back to parental home and after two months on the eve of Diwali, mother-in-law and father -in-law of the complainant took back the complainant to the matrimonial home, but no sufficient arrangements were again made for the stay and minimum necessities were not provided in the matrimonial home. The complainant in order to save her matrimonial home kept on suffering the atrocities committed by the respondents.

9.

That after the birth of the child the respondent No.1 and 2 told the complainant to get a luxury car from her parents. They threatened her and told her that she will not be allowed to live in the matrimonial home, if she and her parents did not heed to this demand. The complainant wept and requested the

respondent No.1 not to raise such an unjustified demand. She told them that her parents were not in a position to by a luxury car. On her refusal the respondent no.1 at the instance of
respondent No.2 started harassing the complainant more frequently.

10.

That the son of the complainant was also not provided with the minimum necessities by the respondent No.1 and his schooling

was disturbed by regular shifting of his school from one school to another. One day when the complainant brought her son back from the school in the matrimonial home. The respondent no.1 feigned that he his some (Dispute with respondent no.2

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and other family members and as such does not want to live here in the matrimonial home for some time and as such advise the complainant to pickup essential clothes for the child and the complainant was brought to the parental home by respondent No.1. On reaching their the parents of the complainant refused to keep respondent No.1 as Ghar Jamai and told him to make arrangements or otherwise the parents of the complainant would provide the tenanted premises where the complainant and respondent No.1 can live together. On this the respondent No.1 told that he needs some time to think over the same and left the complainant at the parental home and told that he would come back in the evening, but he did not return back.

11. That surprisingly on the next day respondent No.1 came and started leveling false allegations against the complainant and assassinated the character of the complainant and threatened the complainant that he has some false C.D prepared which has some recording of the conversation between the complainant and her mother and leveled other false allegations against the complainant and refused to take her back in the matrimonial home, whereas respondent No.1 openly proclaimed that he in connivance with other respondents had feigned regarding dispute at the home. Moreover, the respondent No.:, threatened the complainant that she would commit suicide within few months as he has shown the horoscope of the complainant to some pandit and he has for casted the future of

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the complainant that she would commit suicide and for this reason he does not want to live with the complainant and for the last three years after the birth of the child, he has been regularly visiting the said pandit and has performed many black magic tricks which would cause the suicide Of the complainant.

'12, That the respondent No.1 is a person of dubious nature and always suspected the complainant and had even tried to put a recording machine in the alto car which was sometimes driven by the complainant and further the complainant was forcibly told to visit alongwith her jethani the Silver Haze shop who are also dealing in jewelry items. The respondent No.1 and 2 are also running a shop of jewelry and as such wanted to copy the designs of the ornaments being kept in the, for this purpose they provided one camera to the jethani and the complainant was asked to accompany her for this purpose where, the jeThani was caught red handed by the staff of and the police was called, but the matter was compromised. Further

respondent No.4 who is the devar of the complainant ,entered the room of the complainant during odd hours due to unexplained reasons and threatened the complainant that if the demand of the verna car is not fulfilled then he would ask respondent no.1 to turn out the complainant from the matrimonial home.

13. That the complainant was left behind in a pre-planned manner

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by the respondent No . 1, on 12-09-2013 alongwith the minor child to the parental home in two bare clothes and all the istri dhan and articles and even certificate have been mis-

appropriated by the respondents and have not been given back to the complainant despite demands.

13. That thereafter parents of the complainant had held a panchayat and made many efforts to solve the matter, but nothing has bee n done till today. That the responde nts acted demonly and ca used, physical, mental, cruelty and gave beatings a nd demanded dowry and have made her life miserable. The gold articles of the complainant have bee n retained by responde nt No.3 by sa ying that she would keep the same in the safe custody, b the same has not bee n returned t o t he complainant
by

re spondent N0,3. The behavior

of respondent No.2 with the re spondent was cruel some and always abused the complainant on petty matters. The food which was cooked by the complaina nt was thrown into dustbin many time s by the re sponde nt No.2 and other family members in order to degrade the complainant in pre sence of gue sts and also with view to ca use cruelty upon the complainant. The respondent No.2 a nd 4 entered the room of the complaina nt many time s in odd hours and on asking by the complainant for their reason of e ntering the room in odd hours without knocking the door were never e xplained by responde nt No.2 and 4.

Contd..11

14. That the complainant is now residing at her parents home since 12-09-2013. The complainant has no source of income or any movable or immovable property. She is a house wife and is unable to maintain herself and the minor child. Moreover, she is now totally dependant upon her father for support. The respondent No.1 is running jewelry shop in the name of in Sector , Chandigarh and is earning approximately more than 2.00 lacs per month besides having immovable and movable properties. He is legally bound and liable to provide maintenance to the complainant and the minor child. He is neglecting to provide the maintenance to the complainant and the minor child, despite of the fact that he has sufficient sources. The complainant requires maintenance of
per month

beside

this

the

complainant

also

requires 15,000/- per month for the welfare and maintenance of the minor child. The complainant does not want to remain a burden on the father and needs a separate residence for herself and the minor child alongwith facilities which were being enjoyed by her in the matrimonial home. The accommodation can either be directed to purchase rented or the respondent No.1 can be separate accommodation for the

complainant at Panchkula, where she can live a peaceful life. She is also entitled for a sum of Rs.25,00,000/as

compensation under section 22 of the Act i.e. amount spent on purchase of dowry articles which were entrusted to the respondents and the amount spent on marriage of the

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complainant. The complainant had suffered physically and mentally on account of the repeated cruel acts and demands made by the respondent. The cruel behavior of the respondents has left bitter memories in the mind of the complainant and she is unable to forget the trauma, she has suffered at their hands. The

complainant thus claims monetary relief for physical and mental abuse which is quantified at Rs.10,00,000/-

15.

That the complainant is at present residing with her parents at Sector, Panchkula which as such the Ld.Court has the jurisdiction to try and entertain the present complaint.

16.

That the requisite court fee has been affixed on the complaint.

It is therefore, respectfully prayed that the Ld.Court take cognizance of the complaint and pass the following orders:-

i.

directing

the

respondent

No.1

to

provide

separate

accommodation alongwith facilities which were being enjoyed by the complainant in her matrimonial home and same may be either be rented or the respondent No.1 be directed to purchase separate accommodation for the complainant.

ii.

directing the respondent to pay Rs.10.00 Lacs as monetary relief for physical and verbal assaults and mental harassment to the complainant.

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iii.

directing the respondent no.1 to pay Rs.25.00 Lacs as compensation for the amount spent on dowry articles and marriage of the complainant.

iv.

directing the respondent No.1 to pay a sum of Rs.50,000/- for her livelihood and livelihood of the minor child i.e. food, cloth, medicine and other basic necessities and to look after herself and maintain herself.

directing the respondent No.1 to pay Rs.25,000/- as litigation expenses.

vi,

directing the respondent not to commit any act of violence against the complainant or her parents or relatives and not to threaten the complainant and the child when child goes and comes back from the school i.e. The l, Sector, Panchkula, further directing the respondents not to follow her or her minor child.

Place Panchkula Dated Through Counsel

qcAlL -Complainant

() Advocate

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, PANCHKULA

aged 29 years wife of Sh., daughter of Sh. resident of H.No, Sector , Panchku!a. -Complainant

VERSUS and others AFFIDAVIT Agaed 29 years wife of Sh., daughter of Sh., resident of H.No., Sector , Panchkula, do hereby solemnly affirm and declare as under:That the applicant/complainant is filing the accompanying -Respondents

complaint, the contents of which may be read as a part of this application. The respondents have forced the applicant out of the matrimonial home and shsheas been compelled to stay with her parents at PEPanchkula The applicant has no source of income of her own and is dependant on her father for her day to day expenses.

Ssf r ,
C.; h\ he respondent No.1 is running a successful business of )9.

y shop in Chandigarh and is earning more than Rs.2.00 Lacs per month. The respondent No.1 is maintaining lavish lifestyle, but at the same time he has made no provision for the maint--enancef the applicant and tltheinor child, born out of the wed lock. Intact the respondent Nod has deprived the applicant of even the necessary exexpensesf food clothing,

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2.

That the respondent No.1 is running a successful business of Jewelry shop in Chandigarh and is earning more than Rs.2.00 Lacs per month. The respondent No.1 is maintaining lavish lifestyle, but at the same time he has made no provision for the maintenance of the applicant and the minor child, born out of the wed lock. Infact the respondent No.1 has deprived the applicant of even the necessary expenses of food clothing, medicines and even the tuition fees and school expenses of the minor child, due to which the studies of the minor child has suffered and at present is not going to school due to non providing of the school fees.

3.

That the applicant requires at least Rs.50000/- per month as monetary relief for herself and the minor child from the respondent which he can easily pay. The applicant also required Rs.25000/- towards litigation expenses. The applicant does not want to be a burden on her parents End therefore, she requires a separate residence and under the circumstances an order under the section 19 of the Act is called for directing the respondent to provide for residential accommodation for the applicant or to pay the rent thereof. Besides the above, the applicant is also entitled to one time compensation for physical and mental assaults to the tune of Rs.10,00,000/It is therefore, respectfully prayed that the Ld.Court take cognizance of the complaint and pass the following orders:-

i.

directing the respondent No.1 to provide separate

Contd..3

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accommodation alongwith facilities which were being enjoyed by the complainant in her matrimonial home and same may be either be rented or the respondent No.1 be directed to purchase separate accommodation for the complainant. ii. directing the respondent to pay Rs.10.00 Lacs as monetary relief for physical and verbal assaults and mental harassment to the complainant. iii, directing the respondent no.1 to pay Rs.25.00 Lacs as

compensation for the amount spent on dowry articles and marriage of the complainant. iv. directing the respondent No.1 to pay a sum of Rs.50,000/- for her livelihood and livelihood of the minor child i.e. food, cloth, medicine and other basic necessities and to look after herself and maintain herself. v, directing the respondent No.1 to pay Rs.25,000/- as litigation expenses. vi. directing the respondent not to commit any act of violence against the complainant or her parents or relatives and not to threaten the complainant and the child when child goes and conies back from the school i.e. The Sector, Panchkula, further directing the respondents not to follow her or her minor child.

Place Panchkula Dated Through Counsel

-Complainant

) Advocate

-3

accommodation alongwith facilities which were being enjoyed by the complainant in her matrimonial home and same may be either be rented or the respondent No.1 be directed to purchase separate accommodation for the complainant.
ii,

directing the respondent to pay Rs.10.00 Lacs as monetary relief for physical and verbal assaults and mental harassment to the complainant. directing the respondent no.1 to pay Rs.25.00 Lacs as

compensation for the amount spent on dowry articles and marriage of the complainant. iv. directing the respondent No.1 to pay a sum of Rs.50,000/- for her livelihood and livelihood of the minor child i.e. food, cloth, medicine and other basic necessities and to look after herself and maintain herself. v. directing the respondent No.1 to pay Rs.25,000/- as litigation expenses. vi. directing the respondent not to commit any act of violence against the complainant or her parents or relatives and not to threaten the complainant and the child when child goes and conies back from the school i.e. The Sector , Panchkula, further directing the respondents not to follow her or her minor child.

Place Panchkula Dated Through Counsel

-Complainant

tRAYA--: fii4A,C,114

() Advocate

IN THE C O UR T O F CH I E F J U D ICI AL M A GI S TR ATE , PA NC HK U LA

aged 29 years wife of Sh., daughter of, resident of, Sector , Panchkula. -Complainant VERSUS and others AFFIDAVIT I, aged 29 years wife of Sh., daughter of Sh, resident of H.No., Sector , Panchkula, do hereby solemnl:yyffirm and declare as under:That the applicant/complainant is filing the accompanying complaint, the contents of which may be read as a part of this application. The respondents have forced the applicant out of the matrimonial home and sh s heas been compelled to stay with her parents at PEPanchkulaThe applicant has no source of income of her own and is dependant on her father for her day to day expenses. C. it\lsSsi 0 \,. c,
s

-Respondents

he responde nt No.1 is running a successful business of y shop in Cha ndigarh and is ea rning more than Rs.2.00

:\ICe Lacs per month. The respondent No.1 is maintaining lavish lifestyle, but at the same time he has made no provision for the maintenance of the applicant and tltheinor child, born out of the wed lock. Intact the respondent No.1 has deprived the applicant of even the necessary exexpensesf food clothing,

Contd..2

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medicines and even the tuition fees and school expenses of the minor child, due to which the studies of the minor child has suffered and at present is not going to school due to non providing of the school fees.

3.

That the applicant requires at least Rs.50000/- per month as monetary relief for herself and the minor child from the respondent which he can easily pay. The applicant also required Rs.25000/- towards litigation expenses. The applicant does not C want to be a burden on her parents and therefore, she requires a separate residence and under the circumstances an order under

he section 19 of the Act is called for directing the respondent to provide for residential accommodation for the applicant or to pay the rent thereof. Besides the above, applicant is also entiled to one time

compensation for physical d mental assaults to the tune of Rs.10,00,000//RUL A I

ace PaTcflkula Dated 1(4),7)[_--,

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TFD

Deponent

V E R I FI CA T I ON : -

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