DOMESTIC VIOLENCE COMPLAINT (PWDVA) FORMAT

BEFORE THE LD. METROPOLITAN MAGISTRATE, XXXX

APPLICATION NO    XX/XXXX

IN THE MATTER OF:

BASANTI                                                                      …COMPLAINANT

Versus

VEERU  & ORS                                                                         …RESPONDENTS

APPLICATION UNDER SECTION 12  R/W SECTION 18, 19,20,21,22 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

MOST HUMBLY SHOWETH :-

1. That the Present complaint is being filed under section 12 r/w section 18, 19, 20,22 of the Protection of Women from Domestic Violence Act, 2005, on account of incessant acts of violence, cruelty and abuse meted out by the Respondents against the Complainant. The Complaint is being filed by :-

2. Aggrieved Person/Complainant is Ms. BASANTI, W/o VEERU, r/o xxxx. She is presently staying with her parents, who are senior citizen.

3. The Respondent No.1 is  Veeru (Husband); Respondent No.2 is Dheeru (Father –in- Law) ; Respondent No. 3 is Karuna Devi ( Mother-in-law). All are resident of  xxxx.  

4. It is prayed that this Hon’ble Court may take cognizance of the Complaint and pass any orders as deemed  necessary in the circumstances of the case:-

(a) Pass protection orders under section 18 and/or

(b) Pass residence orders under section 19 and /or

(c) Direct the Respondent to pay monetary relief under section 20 and/or

(d) Direct the respondent to grant compensation or damages under Section 22 and/or

(e) Pass such ex-parte interim orders and interim orders  as prayed for in the accompanying application under section 23 (2) of the Act of 2003 and further such orders as this court deems just and proper

(f) Pass any orders as deemed fit in the circumstances of the case.

ORDERS REQUIRED

I. Protection Order under Section 18:-

(i) Prohibiting acts of domestic violence by granting an injunction against the Respondents from repeating any of the acts;

(ii) Prohibiting any form of communication by the Respondents with the Complainant  and her family;

(iii)Prohibiting alienation of immoveable assets in any form by the Respondents;

(iv) Directing the Respondent No.1 not to leave the country without prior permission of this Hon’ble Court and submit his passport before this Hon’ble Court or before an authority designated by this Hon’ble Court;

II. Residence Order under Section 19

(i)Prohibiting alienation/disposing/encumbering of immoveable assets  and

(ii) Direct the Respondents to secure a same level of alternate accomodation for the Complainant or to pay rent for the same.

III. Monetary Reliefs under Section 20

(i) Inter alia including Food, clothes, medication , transport, other basic necessities, pocket money – Rs xxxxx per month;

IV. Compensation orders under Section 22

(i) Direct the Respondent to pay compensation amounting to Rs. xxxxxx

5. Details of previous litigation:

(i) Complaint against Respondent before the ACP, CAW  Cell for dowry

(ii)FIR bearing no xx/xxx against Respondent at P.S. _________.

6. BRIEF FACTS :

The Brief Facts leading to the filing of the present case are stated as under:

(i) The marriage between the Complainant and the Respondent No.1 was an arranged marriage.

(ii) That the marriage between the parties was solemnized on 03.12.2014 at Community Hall, XXXX according to Hindu rites and ceremonies.

(iii) That since  after one month of the marriage of the Complainant with  Respondent No.1,  the  Respondents  started torturing the Complainant for dowry and also would abuse her and her family members for not giving them sufficient gifts. The Complainant once had gone to a parlour and the owner told her that her husband had only studied till the 4^th standard. At the time of the marriage her family was told that he was graduate.

(iv) That the Complainant’s family had gifted the Respondent No.1 a brand new motorcycle make royal enfield, the on road price of which was Rs xxxxxxx which was registered in the name of the Complainant. The said motorcycle was sold without consent of the Complainant.

(v) The Respondent No.1 would come home drunk and would beat the Complainant. The Respondent No.1 would make an issue over small things and abuse and beat the Complainant. The Complainant has been beaten by the Respondent No.1 on several occasions. However, in an attempt to make the marriage work, she did not initially disclose this fact to anyone.

(vi) After that around 1st week of February, 2015, the Complainant got pregnant and was hopeful that now the Respondent No.1’s behaviour would improve. He would become a responsible husband and later a caring father. The Complainant also hoped that the other Respondents would treat her with care and concern.  However, their behaviour did not improve at all, despite the Complainant being pregnant.

(vii) That on 24.04.2015, the Respondent No. 1, 2 and 3 force the Complainant call her father to ask for Rs.3, 00,000/- (Rupees Three Lakhs Only) allegedly for a Bank Guarantee for getting work from MCD. Fearing for her health, she made the call and requested her father for the sum of Rs 3, 00,000(Rupees Three Lakhs only). The Complainant’s father did not have the required funds but after hearing the desperation in the voice of his daughter, he realised that she was again being pressurised.  He was constrained to borrow money and arrange the said sum of Rs 3,00,000( Rupees Three Lakhs Only) give to the Respondents.

(viii) Despite taking the said sum of Rs 3,00,000( Rupees Three Lakhs), the Respondent No.1, also started forcing the Complainant to demand a car from her father. 

(ix) The Complainant was also treated like a  maid in the house and was forced to do all the household work even during the time she was pregnant. She was also forced that she should not talk to her family members.

(x) When the Complainant gave birth to a baby girl. The Respondents were not happy with it. They were expecting a baby boy.

(xi) That the complainant could not bear all the cruelties inflicted on her and left for her parent’s home on xx/xx/xxxx.

7. That the aggrieved person resides within the local limits of jurisdiction of this Hon’ble Court and as such this Hon’ble Court has jurisdiction to entertain this complaint.

8. That the present complaint is bonafide and in the interest of justice the prayers sought herein ought to be allowed.

PRAYER

In light of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:

1. Allow the application under section 12 of the Protection of Women from Domestic Violence Act, 2005 and grant reliefs as claimed under section 18, 19, 20 and 22 of the said Act of 2005;
2. Pass any other order and such other orders as this Hon’ble Court may deem fit in the facts and circumstances of this case.

                   COMPLAINANT

VERIFICATION:

Verified at New Delhi on this xx/xx/xxxx, that the contents of Para ___ to ___ are true and correct to the best of my knowledge and belief.

COMPLAINANT

Through

                                                                   ADVOCATE

Place: New Delhi

Dated:

Note: Complaint has to be accompanies with Memo of Parties and Affidavit.

_____________________________________________________