Domestic
Violence Section 12 Complaint Format[CD1]
IN THE COURT OF DISTRICT JUDGE,
______________,
____
IN
THE MATTER OF:
1. ________________
W/O
SHRI _______________
D/O _________________
R/O
___________________
______________
..COMPLAINANT/PETITIONER
VERSUS
SHRI
____________
S/O
_________________
R/O
_______________
SHRI
_______________
S/o
late Shri ___________
R/o
__________________
SMT
______________________
W/o
SHRI _____________
R/o________________________
..ACCUSED/RESPONDENT
P.S.
_____________
APPLICATION
UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 (43
of 2005)
MOST RESPECTFULLY SHOWETH:
1.
That the present application is being filed
by the Complainant herein under Sections 12, 18 (d), (e) and (f), 19 (f), 20(i)
b) and (d), 22 and 23 of the Protection of Women from Domestic Violence Act,
2005.
2.
The numerous incidents of physical abuse,
verbal abuse, emotional abuse, economic abuse committed by the Respondent on
the Complainant are as described hereunder:
a)
Marriage was solemnized between the
Complainant and the Respondent No. 1 on ___________ at _____________________
according to Hindu Rites and ceremonies. Ever since, i.e. for the last ___
years, the Complainant has been suffering physical and mental abuse, pain,
helplessness, unhappiness and anger on account of the Respondent No. 1 and his
family. Eventually, being unable to bear with the trauma and agony, the
Complainant fearing for her life, being destitute without any money and
stridhan has been constrained to file the present complaint.
b)
The Complainant had an arranged marriage with
the Respondent No. 1. The parties come from very different backgrounds. The
Complainant belongs to a closely knit family with a lot of family values and
culture. On the other hand, the Respondent No. 1 belongs to a business family
which is driven only by money and materialistic gains.
c)
The Complainant and her parents at the time
of marriage were made to believe that the Respondents were a very well to do
family. Believing the Respondent No.1’s family, marriage was arranged between
the parties. A lavish wedding was held at ________________ by the Complainant’s
parents and all the demands of the Respondent No.1’s family as regards jewelry,
household items, and other items for them as well as the relatives of the
Respondent No.1 were met by the Complainant’s parents. However, the mother in
law of the Complainant was not happy with the jewelry, household items, and
other items and would constantly taunt and insult her and her parents for not
getting the jewelry, household items, and items as per their standards and name
in the society. The Complainant communicated her inhibitions about the
Respondent’s family and in particular his mother to the Respondent No.1.
However the Respondent No.1 never assured the Complainant that he would try to
speak to his mother or reconcile the differences between the Complainant and
his mother.
d)
Soon after the marriage the Complainant
realized that the Respondent No.1 was very aggressive, angry and wanted to
control the Complainant in every respect. The Complainant was not given any
space or freedom to do anything in the house and was specifically told that she
can’t do a job, which the Complainant found very difficult to deal with but
owing to the values given to her by her parents, she always made every effort
to deal with the miserable situation and keep quiet for the peace of mind of
her parents. The Complainant having no choice gave herself totally to the
Respondent No.1 and his family and molded herself according to their ways,
which was very different from her side of the family.
e)
After the first year of marriage itself, the
Respondent No.2, mother-in-law forced the Complainant to do all the household
work without any support from her mother-in-law. It would be pertinent to point
out that Respondent No.1 was doing extremely well and was earning well. He was
running a business but he was always reluctant to provide any financial support
to the Complainant despite being financially very well off.
f)
The Complainant lived in a joint family. The
Complainant’s in-laws made the Complainant do the entire household work.
Respondent No. 1 and 2 made her ____________________________. The Complainant
was forced to work even at the time of her pregnancy and the Respondent No.1
never bothered to care about the health or the state of the Complainant. He
spent no time with her. The nine months
were lonely and sorrowful. So much so that when the Complainant delivered her
son _____, her mother in law was not happy as she wanted to get rid of the
Complainant. She voiced this to the
Complainant and made the
Complainant feel that the child was unwanted and unwelcome into the family.
g)
The Complainant on many occasions would cry
after getting into bed because no one could understand the physical and mental
pain she was being put through by the Respondent No.1. The Respondent No.1
never had time to listen and would only fight and argue when the Complainant
tried to plead and talk to him. The Respondent would in his fits of rage
physically and mentally abuse the Complainant on several occasions. The
Complainant continued to tolerate this for the sake of her small child.
h)
The Complainant always made efforts to please
the Respondent No. 1 and his family. They all tolerated the Complainant as long
as the Complainant played puppet in their hands, did what they wanted and lived
how they wanted her to live. The Complainant did everything possible to make
her marriage work and in the manner the Respondent No.1 and his family wanted.
However, the Respondent No.1 was not caring towards the Complainant and never
appreciated the efforts made by the Complainant to keep him and his family
happy.
i)
The Complainant lived in a joint house for 5
years after her marriage and her life was miserable due to the aggressive,
indifferent, angry behavior of the Respondents and continuous insults,
taunting, very cold and indifferent attitude of her in laws. The Complainant
was always taunted by her in laws on the ground that her parents never gave
them enough during the marriage and on other festivals and functions. The
Complainant’s parents tried to keep them happy in every way at every occasion
by gifting Complainant’s in-laws with expensive gifts or cash but they were
never satisfied.
j)
On or about ________________ the Complainant
was beaten up by her in–laws and at that time she was pregnant with her first
Child, the Complainant was even thrown out of her in-laws House. The
Complainant called up her father who came and took the Complainant to their
house. The Complainant stayed at her parents house for one and a half month and
in between the Respondent No 1 or his family members did not bother to call or
reconcile with the Complainant. After a lot of persuasion by the father of the
Complainant the respondent finally agreed to take the Complainant in to their
house.
k)
The Complainant states that the Respondent
No.1 had a grave drinking problem and as a result, he drank alcohol very
heavily. He had no control over his drinking. The Respondent No.1 would get
drunk, get loud and abusive in the dirtiest of abuses, throw up, pass out, get
violent, spit on the Complainant and make life hell for the Complainant. The
Respondent No.1 never bothered about their son and would become abusive
physically and become totally uncontrollable in front of their child. The
Complainant’s requests and pleadings to drink within limits were met with angry
and violent physical backlash and opposition from the Respondent No.1. The Respondent No.1 treated the Complainant
with extreme cruelty.
l)
The Complainant states that when the
Respondent gets into a rage he completely loses his control, is abusive and
violent and becomes like a demon, and till today he continues with this
behavior. After ____________, there was no control over this and it became a
regular feature with the Respondent No.1 to become physically abusive and
violent and even abuse the Complainant in front of the minor son and in public.
The Complainant got no help or support from her parents in law i.e. Respondent
No.2 & 3 and on the contrary, they encouraged and sided with the Respondent
No.1 and wanted the Complainant to cooperate with this animal behavior and live
with it without complaining or talking about it to her family. The Respondent
No.1’s parents discouraged her from telling her parents about these incidents
by saying that this would further annoy the Respondent No.1 and disturb the
peace of the family. The Respondent No.1’s parents kept on repeating every
other day and the Complainant did not know who to turn to for support and help
as her in laws felt the Respondent’s No. 1’s behavior was normal and took the
mental and physical abuse very lightly and did not bother to speak to the
Respondent No.1 to change his behavior towards the Complainant.
m) The
Complainant was constantly living in fear of her life as the Respondent is
strong physically and has a bad temper, was aggressive, loud and completely
unpredictable in his reaction to the situation. The Respondent No.1 would
openly threaten the Complainant that he would physically harm her in such a
manner that she would repent her whole life. The Complainant did not want to
trouble her parents. The Complainant could not share her grief with anyone and
continued to give in to the Respondent No.1’s demands in the hope that things
would get better and peace would come to the family.
n)
The Respondent No.1 not only picked up fights
and quarrels with the Complainant but also fought with the Complainant’s father
brother and family publicly, which brought huge embarrassment, shame and agony
to the Complainants. The Complainant’s plea to the Respondent No.1, to not
fight with the Complainant’s family was of no avail. The Respondent No.1’s
unreasonable and abnormal behavior continued to increase with the passage of
time and he started to threaten her for life by saying would slash her throat
while she was sleeping.
o)
The relationship between the parties became
more estranged. The Respondent No.1 continued with his assault, physical,
emotional abuse and they were like strangers living under the same roof. Things
have become so bad that the Complainant had to call her father on several
occasions to control the situation and prevent further physical abuse at the
hands of the respondent No.1 in presence of Respondent No.2 & 3.
p)
That Complainant had in the span of ___ years
of marriage got ___ abortions done. The Respondent use to come drunk to the
house late at night and would by force without the wish of the Complainant get
physical with the Complainant, resulting into making the Complainant pregnant
and then without even consulting the Complainant by force get the said
abortions done.
q)
That on or about _____ the Respondent again
got physical with the Complainant resulting in her again getting pregnant and
when the Respondent went for another abortion the doctor refused for the said
abortion as the body of the Complainant was not in the state to take up one
more abortion hence on advise of the doctor the Complainant requested the
Respondent not to abort the second Child.
r)
That on ________ when the Complainant was
three- four month pregnant the respondent No 1 along with his family members
fought with the Complainant and even beat him up, the Complainant in fear
called up her father at ______ in the night and the father of the Complainant
came and took the Complainant back with her to his house. The Complainant even
filed a case in the C W Cell against the respondent but had to withdraw the
same as she was pregnant and she was advised rest.
s)
That on _________ the Complainant left the
house of the Respondent and till ___________ no one from the side of the
respondent came to meet the Complainant or even gave a call to ask about her
health as she was pregnant. That during this period the Complainant gave birth
to the second Son
_____________. But still the
Respondent No1 or his family member did not come to see the child and it was
finally on _____________ that after one more round of talks between the father
of the Complainant and the Respondent No. 1 that the Respondent No. 1 agreed to
take the Complainant into the house of the Respondents.
t)
That after _________ when the Complainant
came back to the house of the respondent the Drinking habits of the Respondent
No 1 increased, the Respondent No 1 use to come drunk late at night and use to
even drink in the room. The physical torture of the Respondent No 1 increased
with passage of time.
u)
The Complainant could not tolerate the
torture, cruelty and behavior of the Respondents any more. The Respondents made
no efforts to check upon the Complainant or her son throughout this period who
was under such a mental stress and trauma at such a tender age.
v)
On the contrary the Respondent No.1 and
Respondent No.2 on a daily basis shout and hurl verbal abuses to the
Complainant and her family.
w) On
___________the Respondents again abused the Complainant and finally, fed up
with all this the Complainant on ___________________ left the house of the
Respondents and till date has been staying with her parents. The Complainant
felt too scared and confused and even more helpless while she was at her
in-laws house.
x)
The respondent No.1 and his family has taken
all the valuable belonging of the Complainant. The details of which were filled
before the CW Cell and the same are Annexed as Annexure ___.
y)
That the Complainant submits that the
expenses of the Complainant and the sons is as follows:-
(i)
School Fees of Son: Rs ,000/- per month
(ii)
Household expenses like food, clothing,
cleaning etc.: Rs ,000/- per month
(iii)
Transportation Expenses: Rs ,000/- per month
(iv)
Personal and medical expenses of the Complainant
and her sons: Rs ,000/- per month
The Complainant as such
requires Rs ,000/- per month to support
herself and her children.
z)
The respondent No.1 is earning handsomely.
The exact figures are not known to the Complainant. With the view to avoid
paying maintenance and supporting the Complainant and children he is making
excuses that he is not working anywhere.
aa)
In ___ years, the Complainant has selflessly
given in this relationship emotionally, physically, mentally, monetarily and
demanded nothing but self-respect, support and love which she was deprived off.
The Respondent has provided the Complainant with no financial security. The
Complainant’s entire jewellery was in possession of the Respondent No.1 and his
family which the Respondent No.1 and his family have refused to hand back. The
Complainant has no Fixed Deposit or property in her name. This has further added
to the Complainant’s insecurities, depression and frustrations.
bb)The Complainant today is
left with no self-respect, no self-esteem, no confidence, no money and
everything has been taken away from her. The Complainant is mentally and
emotionally shattered today.
The Complainant is unable to
look after her child as such she has no choice but to fall on her parents for
financial support. The provision for the basics needs like food, clothing,
education is being provided from the money being given by the Complainant’s
father and brother.
cc) The Complainant has
suffered immense pain and hurt from the Respondents. The Complainant has not
slept one night in peace for as long as she can remember. The Complainant is
mentally, physically and emotionally scarred/drained and she is unable to carry
on anymore like this.
dd)It is submitted that the
Respondent No.1 is having sufficient means but despite that is neglecting and
refusing to maintain the Complainant and the minor sons. Complainant is unable to
maintain herself or her sons. The addresses of the sisters of the Respondent No
1 are not known to the Complainant and the
Respondent No. 1 may be
directed to provide the same so that they can be made a party to this petition.
ee) It is prayed that the
Hon’ble Court may take cognizance of the Domestic Incident and pass the
following orders, as deemed necessary in the circumstances of the present case.
(i) Protection
Order under Section 18
Prohibiting acts of domestic
violence by granting an injunction against the Respondents from:
(ii) Monetary
reliefs under Section 20
(A)
Rs.
0,000/- per month towards maintenance for herself and her children
(B)
Rs.
0,000/- towards litigation expenses
(iii) Compensation order under Section 22
(a) Direct the Respondent to pay and amount of
Rs. ____ lakhs towards compensation for damages under the Protection of Women
from Domestic Violence Act 2005.
(iv) Interim Relief under Section 23
a)
In the light of the above mentioned facts and
circumstances of the case and the fact that the Complainant is completely
without the basic necessities of food, maintenance and shelter and has no means
to survive and hence an exparte ad interim order for grant of maintenance of
Rs. 0,000/- be granted in favour of
the Complainant.
b)
The Complainant all through out her married
life has been treated by the Respondents with utmost cruelty both mental and
physical, and has a prime facie case in her favour. It is further stated that
the Respondenst have committed numerous acts of domestic violence and is
entitled to protection under the present act from the respondent by the police
otherwise grave prejudice and harm would be caused to the Complainant and her
minor daughter
v). Details of previous litigation, if any
a)
A Complaint filed by Complainant before the C
W Cell on which an FIR has been registered. Copy of which is annexed as
Annexure____.
b)
An application filed by Complainant under
Section 125 of CrPC for maintenance. Copy of the same is annexed herewith as
Annexure _____.
vi).
The Complainant is residing within the local limit of jurisdiction of this
Hon’ble Court and hence, this Hon’ble Court has the jurisdiction to entertain
the present petition.
PRAYER
It
is most respectfully prayed that this Hon’ble Court may be pleased to :-
(b)
Pass all such orders or any of the order as
deem fit and proper under section 18, 20, 22 & 23 of the Protection of
Women from Domestic Violence Act, 2005.
(c)
Hon’ble Court may please to direct the
Respondent to pay and amount of Rs. _________ lakhs towards compensation for
damage u/s 22 of the Protection of Women from Domestic Violence Act 2005.
(d)
pass an exparte ad interim order under
Section 23 as mentioned in Para 4 of the application.
(e)
Pass such other Order (s) as this Hon’ble
Court may deem fit and proper in the facts and circumstances of the case.
COMPLAINANT
Through
____________
VERIFICATION:-
Verified at Delhi on this day of , __________ that the contents of the complaint are true
and correct to the Complainant’s knowledge and belief to be true on the basis
of legal advice received by the Complainant and the last Para is the prayer
clause of the Complainant.
COMPLAINANT
[CD1]Domestic
Violence Section 12 Complaint Format
0 Comments
Thank you for your response. It will help us to improve in the future.