Protection of Women from Domestic Violence Act,

 

Code of Criminal Procedure, Section 125 [CD1] 

 

 

 

 

Format of Petition under Section 127(1) of Criminal Procedure code for modification of order passed under Section 125 of Code of Criminal Procedure,

 

 

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

 

 

IN THE MATTER OF:

MR. H_________                                                                APPLICANT

 

VERSUS

MRS. W __________                                                           RESPONDENT

 

 

APPLICATION UNDER SECTION 127(1) FOR MODIFYING / SETTING ASIDE THE ORDER DATED _____________

 

MOST                               RESPECTFULLY                               SHOWETH:

 

The Applicant, above named submits as under:

 

1.  That the Applicant is Husband of the Respondent.

2.  That marriage of the Petitioner was solemnized with Respondent on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________.

2.      That the and the Respondent have been living separately since ___________.

3.      That the Respondent had filed Case No__________ of 20___ under Section 125 CrPC in the Court of ______________.

4.      That the Hon'ble Court was pleased to grant an interim maintenance of Rs. __________ vide order dated __________ in favour of Respondent in the effect of monthly maintenance. Copy of order dated ____ passed by the Hon'ble Court of ______ attached herewith and marked as Annexure P1.

5.      That the Applicant has been paying the interim maintenance to the

Respondent     and    has    been    abiding    with    order    of    this   court.

 

6.      That the Applicant submits that with the reference arrears, the sum has been paid in 4 installments. Proof for payment of arrears is attached herewith and marked as Annexure P2.

 

7.      That the Applicant has a pre-existing liability of Home Loan from (______Bank) for a contingent property in (CNB_______ Address), prior to the marriage. Copy of the loan installment schedule is attached herewith and marked as Annexure P2. 

 

 

8.      That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events.

 

9.      That the material change in circumstances has occurred which give the justification and ground for filing the present application and in these circumstances, principle of natural justice, equity, good conscience, fair trial and fair play in action demand that the material facts should be considered and appreciated while adjudicating upon the application for interim maintenance u/s 125(3) of CrPC to meet the end of justice and the order dated        _________         may be     varied,       modified     and   reversed.

 

10.   That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________. Proof of employment of Respondent is attached herewith and marked as Annexure P2.

11.   That the Applicant is finding it extremely difficult to make both his ends meet since he now has huge burden of liability which needs to remitted to the financial institutions and also to the respondent and it is a double burden for       him,   apart from managing   his    own   financial     liability.

 

12.   That the Applicant submits that he is ready to pay the amount of maintenance as would be calculated and decided as a result of the arguments for interim maintenance and craves a stay on the interim order which    was   passed       in   favor of      the    respondent.

 

13.   That the payment of interim maintenance would lead the petitioner to face grave injustice and financial hardships since he would be under a double burden to pay to the financial institutions and to the respondent.

 

14.   That the continuation of order dated _____ may cause grave prejudice to the interest of petitioner.

15.   In the facts and circumstances of case mentioned herein above this

Hon'ble         Court        may        graciously         be         pleased        to:

 

P R A Y E R

 

That the Petitioner, therefore, prays:

a)           this Hon'ble court may be pleased to varied, modify, quash and set aside the order dated _____ and stay the operation of the order dated ______ till

the final disposal of the application on merits.; and

b)           Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.

APPLICANT

THROUGH

 

______________., Advocate Place :

Date :

VERIFICATION

I, H, the Applicant, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No

________ is based on information received and believed to be true to me.

 

Signed and verified this _______ day of _______ 20 _______ at _______

 

 

PETITIONER

 

 

 

 

Format of affidavit to be filed in Support of Application under Section 127(1) of CrPC

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE                 NO.                __________                OF                20__

 

IN THE MATTER OF:

MR. H_________                                                                PETITIONER VERSUS

MRS. W __________                                                           RESPONDENT

 

AFFIDAVIT

 

I, Mr. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows:

 

1.           That I am the Applicant in the accompanying Application under Section 127(1) of CrPC and well acquainted with the facts of the case.

2.           That I have gone through the contents of the accompanying Application, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.

3.           That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events.

4.           That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________.

 

Signed at ___________ this ___________ day of ___________20__

 

DEPONENT

VERIFICATION

I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.

 

Signed and verified this _______ day of _______ 20 _______ at _______

 

DEPONENT

 

 

 

 

 

Application under Section 12 of The Protection of Women from Domestic Violence Act, 2005, format to file with the Magistrate.

APPLICATION UNDER THE PROTECTION OF WOMEN FROM

DOMESTIC VIOLENCE ACT, 2005

 

IN THE MATTER OF:

MRS. W_________                                                            COMPLAINANT

VERSUS

MR. H __________                                                           RESPONDENT Police Station : _

 

MOST RESPECTFULLY SHOWETH:

The Applicant submits as under:

That the Petitioner No. 1 is legally wedded wife of the Respondent.

1. That the Application under Section _________ of Protection of Women from Domestic Violence Act, 2005 is being filed along with copy of Domestic Violence Report by the - (a) Aggrieve Person       ____

(b)  Protection Officer    _____

(c)  Any other person on behalf of aggrieved person ___

(tick whichever is applicable)

2. It is prayed that the Hon'ble Court may take cognizance of the Complaint / Domestic incident Report and pass all / any of the orders, as deemed necessary in the circumstances of the case: (a) Pass protection orders under section 18 and / or

(b)  Pass residency order under section 19 and / or

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

(d)  Pass orders under section 21 of the Act and/ or

(e)  Pass such interim orders as the court deems just and proper and / or (g) Pass orders as deems fit in the circumstances of the case.

3. Orders Required

 

(i) Protection Orders Under Section 18:

[] Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts mentioned in terms of column 4(a)/(b) /(c)/ (d)/ (e)/ (f)/ (g) of the Application.

[] Prohibiting Respondent9s) from entering the school/ college/ workplace

[] Prohibiting from stopping the applicant from going to my place of employment

[] Prohibiting Respondent (s) from entering the school / college / any other place of Children of the Applicant.

[] Prohibiting from stopping the applicant from going to my school

[] Prohibiting any form of communication by the Respondent with the Applicant

[] Prohibiting alienation of Assets by the Respondent

[] Prohibiting operation of joint bank lockers/ accounts by the Respondent and allowing the aggrieved person to operate the same.

[] Directing the Respondent to stay away from the dependants/ relative/ any other person of the aggrieved person to prohibit violence against them

[] Any other Conditions, Please specify ________________

 

(ii) Residence Order Under Section 19

An order restraining Respondent (s) from

[] Dispossessing or throwing out the applicant from the shared household

[] Entering that portion of the shared household in which the applicant resides

[] Alienating/disposing/encumbering the shared household

[] Renouncing his rights in the shared household

[] An order entitling the Applicant continued access to personal effects of the Applicant.

[] An order directing Respondent (s) to

[] Remove himself from the shared household

[] Secure same level of alternate accommodation or pay rent for the same [] Any other orders, Please Specify _________________

 

(iii)    Monetary Relief under section 20

[]Loss of earnings, amount claimed

[] Medical expenses, amount claimed

[] Loss due to destruction / damage or removal of property from the control of the Aggrieved person, amount claimed ______

[] Any other Loss or physical or mental injury as specified in clause 10 (d), amount claimed ______ [] Total Amount Claimed _______

[] Any other amount, Please Specify _____________

 

(iv)   Monitory Relief under Section 20

[] Directing the Respondent to pay the following expenses as monetary relief

[] Food, Clothes, Medications and other basic amenities ___Amount ___ per Month

[] School fees and related expenses _____ Amount ____ per month

[] Household Expenses _____ Amount _____ per Month

[] Any other Expenses ____ Amount _____ per month

[] Any other orders, please specify _____________________________

 

(v)     Custody order under Section 21

Direct the Respondent to hand over the custody of the child or children to the:

[] Aggrieved person- Applicant

[] Any other person on her behalf, details of such person ________

 

(vi)   Compensation order under Section 22

 

(vii)  Any other order, Please specify ___________________

4. Details of Previous litigation, if any

(a)  Under Indian Penal Code, Sections _____ Pending in the Court of _______

      Disposed off, Details of Relief ___________

(b)  Under Code of Criminal Procedure, Sections ______ Pending in the Court of ___

      Disposed off, Details of Relief ___________

(c)  Under Hindu marriage Act, 1955, Sections ____ Pending in the Court of _____

      Disposed off, Details of Relief ___________

(d)  Under the Hindu Hindu Adoptions and Maintenance Act, 1956, Sections ___ Pending in the Court of ____

      Disposed off, Details of Relief ___________

(e)  Application for Maintenance, under section ____ Under _____Act       Interim Maintenance Rs. ________ P.M.

      Maintenance Granted Rs. ________ P.M.

(f)    Whether Respondent was sent to Judicial Custody

-  For Less than a Week

-  For Less than a month

-  For More than one month

     Specify Period ___________________________________

(g)  Any other Order __________________________________

 

P R A Y E R

It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the relief (s) claimed therein and pass such order or orders other order as this Hon'ble Court may deem fit and proper under the give facts and circumstances of the case for protecting the aggrieved person, the Applicant from Domestic Violence and in the interest of Justice.

Place:

Date:

 

COMPLAINANT       /     AGGRIEVED      PERSON      THROUGH       COUNSEL

VERIFICATION

Verified at ____________ (Place) on this day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing in Material has been concealed therefrom.

DEPONENT

 

 

Note

Application under Section 12 of Domestic Violence Act for protection must be supported with the following Documents.

1.  Affidavit of the Applicant

2.  Copy of Marriage Certificate

3.  Details of cases pending if any between the parties

4.  Copy of order for interim or final maintenance order, if applicable 5. Copy of complaint given to police if any

 

 

IN THE COURT OF JUDICIAL MAGISTRATE AT _________

CASE NO. __________ OF 20__ IN THE MATTER OF: 

MRS. W_________                                                            APPLICANT

VERSUS

MR. H __________                                                           RESPONDENT

 

APPLICATION UNDER THE PROTECTION OF WOMEN FROM

DOMESTIC VIOLENCE ACT, 2005 MOST RESPECTFULLY SHOWETH:

The Applicant submits as under:

1.  That the Petitioner No. 1 is legally wedded wife of the Respondent.

2.  That the Application under Section _________ of Protection of Women from Domestic Violence Act, 2005 is being filed along with copy of Domestic Violence Report by the -

(a)  Aggrieve Person       ____

(b)  Protection Officer    _____

(c)  Any other person on behalf of aggrieved person ___

(tick whichever is applicable)

2. It is prayed that the Hon'ble Court may take cognizance of the Complaint / Domestic incident Report and pass all / any of the orders, as deemed necessary in the circumstances of the case: (a) Pass protection orders under section 18 and / or

(b)  Pass residency order under section 19 and / or

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

(d)  Pass orders under section 21 of the Act and/ or

(e)  Pass such interim orders as the court deems just and proper and / or (g) Pass orders as deems fit in the circumstances of the case.

3. Orders Required

(i) Protection Orders Under Section 18: 

Prohibiting acts of domestic violence by granting an injunction against the

Respondent/s from repeating any of the acts mentioned in terms of column 4(a)/(b) /(c)/ (d)/ (e)/ (f)/ (g) of the Application.

Prohibiting Respondent9s) from entering the school/ college/ workplace

Prohibiting from stopping the applicant from going to my place of employment

Prohibiting Respondent (s) from entering the school / college / any other place of Children of the Applicant.

Prohibiting from stopping the applicant from going to my school

Prohibiting any form of communication by the Respondent with the Applicant Prohibiting alienation of Assets by the Respondent

Prohibiting operation of joint bank lockers/ accounts by the Respondent and allowing the aggrieved person to operate the same.

Directing the Respondent to stay away from the dependants/ relative/ any other person of the aggrieved person to prohibit violence against them

Any other Conditions, Please specify ________________

(ii) Residence Order Under Section 19

An order restraining Respondent (s) from

Dispossessing or throwing out the applicant from the shared household

Entering that portion of the shared household in which the applicant resides

Alienating/disposing/encumbering the shared household

Renouncing his rights in the shared household

An order entitling the Applicant continued access to personal effects of the Applicant.

An order directing Respondent (s) to

Remove himself from the shared household

Secure same level of alternate accommodation or pay rent for the same

Any other orders, Please Specify _________________

(iii)    Monetary Relief under section 20

Loss of earnings, amount claimed

Medical expenses, amount claimed

Loss due to destruction / damage or removal of property from the control of the Aggrieved person, amount claimed ______

Any other Loss or physical or mental injury as specified in clause 10 (d), amount claimed ______ Total Amount Claimed _______

Any other amount, Please Specify _____________

(iv)   Monitory Relief under Section 20

Directing the Respondent to pay the following expenses as monetary relief Food, Clothes, Medications and other basic amenities ___Amount ___ per Month

School fees and related expenses _____ Amount ____ per month

Household Expenses _____ Amount _____ per Month

Any other Expenses ____ Amount _____ per month

Any other orders, please specify _____________________________

(v)     Custody order under Section 21

Direct the Respondent to hand over the custody of the child or children to the:

Aggrieved person- Applicant

Any other person on her behalf, details of such person ________

(vi)   Compensation order under Section 22

(vii)  Any other order, Please specify ___________________

4. Details of Previous litigation, if any

(a)  Under Indian Penal Code, Sections _____ Pending in the Court of _______

      Disposed off, Details of Relief ___________

(b)  Under Code of Criminal Procedure, Sections ______ Pending in the Court of ___

      Disposed off, Details of Relief ___________

(c)  Under Hindu marriage Act, 1955, Sections ____ Pending in the Court of _____

      Disposed off, Details of Relief ___________

(d)  Under the Hindu Hindu Adoptions and Maintenance Act, 1956, Sections

___ Pending in the Court of ____

      Disposed off, Details of Relief ___________

(e)  Application for Maintenance, under section ____ Under _____Act       Interim Maintenance Rs. ________ P.M.

      Maintenance Granted Rs. ________ P.M.

(f)    Whether Respondent was sent to Judicial Custody

-  For Less than a Week

-  For Less than a month

-  For More than one month

     Specify Period ___________________________________

(g)  Any other Order __________________________________

 

P R A Y E R

It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the relief (s) claimed therein and pass such order or orders other order as this Hon'ble Court may deem fit and proper under the give facts and circumstances of the case for protecting the aggrieved person, the Applicant from Domestic Violence and in the interest of Justice.

Place:

Date: 

 

 

COMPLAINANT       /     AGGRIEVED      PERSON      THROUGH       COUNSEL

VERIFICATION

Verified at ____________ (Place) on this day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing in Material has been concealed therefrom.

DEPONENT

 

Written submission format for Domestic Violence Complaint under Section 12 claiming Relief under Section 18, 19, 20, 21 and 22 of The Protection of Women from Domestic Violence Act, 2005.

Format of Written Submission to Complaint under Section 12 of Domestic Violence Act claiming relief under section 18, 19, 20, 21 and 22 of the Act, download format.

IN THE COURT OF _____________, LEARNED METROPOLITAN

MAGISTRATE, MAHILA COURT, __________ COURTS, NEW DELHI

COMPLAINT CASE NO. ____ OF 20__

IN                    THE                     MATTER

OF                     :

________________________________

COMPLAINANT

VERSUS

________________________________ RESPONDENT

 

WRITTEN ARGUMENT ON BEHALF OF THE COMPLAINANT IN

APPLICATION U/S 12 R/W SECTION 17, 18, 19, 20, 22 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 FOR GRANT OF RIGHT TO CONTINUE RESIDING IN THE MATRIMONIAL HOUSE WITHOUT INTERFERENCE AND THREAT, PROTECTION ORDERS, MONETARY RELIEF, COMPENSATION AND ANY OTHER RELIEF

WHICH THIS HON'BLE COURT MAY DEEM FIT AND PROPER.

 

MOST RESPECTFULLY SHOWETH:

 

 

1.           That the above noted complaint is pending adjudication before this Hon'ble Court and is fixed for hearing on ____________.

2.           That the summons of the complaint has already been issued to the defendants and the defendants have also put in appearance in the matter.

3.           That the Defendant has filed his reply to the complainant and the Complainant has filed rejoinder to it on ______.

4.           That the Complainant has filed affidavit showing income and expenditure as per the format prescribed by the Hon'ble High Court of Delhi in Kusum Sharma Vs. Mahinder Kumar Sharma on _______.

5.           That the Defendant has also filed his affidavit showing income and expenditure on __________, but not filed copy of Latest Income Tax Return i.e. for Financial Year __________).

6.           The Complainant most respectfully submit the following written arguments in support of contentions, submissions and facts already placed and submitted on the records and the oral arguments so adduced.

7.           That the Complainant got married to the Respondent on ____________ in accordance with Hindu rites and ceremonies at _____. No issue was born from this wedlock.

8.           That the Respondent is working as Manager with ___________ India Ltd at __________. The Complainant came to live in the matrimonial home at New Delhi with the Respondent after Marriage.

9.           The father of the Complainant had given Rs. ______ in Tilak to the Respondent. In addition to this, an __ car was given. The marriage was a lavish affair. Lots of gifts, jewellery etc was given by her father who is a retired school teacher and had to sell some property, borrow from others and exhaust all his savings to arrange the marriage of the complainant.

10.        That the respondent husband, his father and sister were not happy with the Dowry and other gifts. They have showed their annoyance soon after marriage.

11.        The Respondent started tormenting her almost immediately after marriage. He used to poke and provoke her and instigated her to react to his misdemeanor and later record the same on his mobile phone.

12.        That as per the affidavit the Respondent is earning Gross income of Rs. _________/- per year. The Respondent not yet produced his income tax Return for the Financial Year _____ to ascertain his current income. Even though the Respondent is earning huge salary the complainant had to starve for money even for her basic needs. Her father used to help her by sending money even for the daily necessaries.

13.        That the Complainant had no history of illness of any kind before marriage. The Respondent/husband by his cruel and atrocious behavior, assisted by his sister tormented her so much that she went into depression.

14.        That the complainant was the target of unprovoked physical and mental abuse by the Respondent. The father in law of the complainant had also created very embarrassing and inexplicable situations at times.

15.        That the respondent constantly made indecent and vulgar comments about the sister of the complainant, who still leaves with her as she has not come out of depression completely and the doctor advised that she should not be left alone.

16.        That the Respondent has denied conjugal relations to the Complainant. He says that the complainant does not meet his level of liking. The respondent picks up quarrels on the flimsiest of excuses.

17.        That on _______, the respondent / husband picked up a quarrel and started slapping the complainant. He pulled her by hair and kicked her in the abdomen. She somehow called PCR and a DD entry was registered at ___________ Police Station.

18.        That in ________, the respondent and his sister came together in the night and thrashed the complainant in black and blue alleging falsely that she blamed him of incest.

19.        That the respondent, in order to avoid his own liability has filed a petition u/s 13(1)(ia) of Hindu Marriage Act against the complainant wherein he made all kinds of baseless allegations against her.

20.        That the above said petition was withdrawn when the parties entered into a settlement agreement dated _______ in HMA Suit No. ____ titled "___________", which was to be executed on _______, but it was never executed. In fact the Complainants lawyers had prepared a mutual consent divorce petition as per the agreement and handed over to the Respondent for his signatures. The Respondent kept the petition for few months in his custody and returned back it to the complainant without his signature.

21.        That the Complainant has already submitted before this Hon'ble Court in her rejoinder that even now she is ready to settle the issue as per the settle agreement dated _____________, under the supervision of this Hon'ble Court, if the Respondent is ready to execute the terms of the agreement.

22.        That the Respondent has not disclosed full information about his educational qualification in the affidavit filed by him showing income and expenditure as per the format prescribed by the Hon'ble High Court of Delhi in Kusum Sharma Vs. Mahinder Kumar Sharma.

23.        That the Respondent has shown huge amount of expenses i.e. Rs. ________/- per month against his net income of Rs. ________/- to avoid his liability to pay maintenance, medical expenses, compensation and other claims to the Complainant.

24.        That the Respondent is giving only Rs. _____/- to Rs. _____/- per week to the Complainant for household expenses from which the expenses of Respondent also is being managed. The other expenses being born by the Respondent is rent of Rs. ______/- per month.

25.        That the Respondent has claimed huge amount of monthly expenses in his affidavit, but he is not spending any amount except mentioned about for the maintenance or expenses of the Complainant.

26.        That the Affidavit filed by the Respondent shows his lavish life style. The Complainant also deserves to live her life according to the life standard of the Respondent. So the amount of maintenance and other claim made in the petition is justifiable.

27.        That the Complainant is totally dependent on her parents for her daily needs of life and she has none to support, except the complainant/wife.

28.        That the cause of action for filing the present petition arose immediately after marriage and continued thereafter because there was not even a single day without an act of emotional or physical violence. It arose on _______ when a DD entry was registered at PS _______ pursuant to a PCR call made by the complainant. Again on _______, when the respondent and his sister came together, beat her up and in sheer anger the respondent husband broke a few things give vent to his anger. The cause of action still persists because the cruelties have not ceased and continue unabated.

29.        That the complaint is residing at Delhi within the territorial limits of the Court, hence the Ld. Court has the Jurisdiction to try and adjudicate this petition.

30.        That many Judgments of the Hon'ble Supreme Court of India support the prayer of the Complainant.

31.        That in V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183 the Hon'ble Apex Court upheld the maintenance allowed to the Respondent and directed to provide a sum of Rs. 10,000/- per month towards rental charges for acquiring accommodation of her choice. The Hon'ble Supreme Court held that:

"11. Accordingly, in terms of Section 19 of the PWD Act, 2005, we direct the Petitioner to provide a suitable portion of his residence to the Respondent for her residence, together with all necessary amenities to make such residential premises properly habitable for the Respondent, within 29th February, 2012. The said portion of the premises will be properly furnished according to the choice of the Respondent to enable her to live in dignity in the shared household. Consequently, the sum of Rs.10,000/- directed to be paid to the Respondent for obtaining alternative accommodation in the event the Petitioner was reluctant to live in the same house with the Respondent, shall stand reduced from Rs.10,000/- to Rs.4,000/-, which will be paid to the Respondent in addition to the sum of Rs.6,000/- directed to be paid to her towards her maintenance. In other words, in addition to providing the residential accommodation to the Respondent, the Petitioner shall also pay a total sum of Rs.10,000/- per month to the Respondent towards her maintenance and day-to-day expenses."

Copy of the Judgment of Supreme Court of India in V.D. Bhanot v. Savita Bhanot is annexed as Annexure WA-1

32.        That in Saraswathy v. Babu (2014) 3 SCC 712 the Hon'ble Apex Court directed to pay compensation and damages to the extent of Rs.5,00,000/- in favour of the appellant-wife. The Hon'ble Supreme Court held that:

"15. We are of the view that the act of the respondent-husband squarely comes within the ambit of Section 3 of the PWD Act, 2005, which defines "domestic violence" in wide term. The High Court made an apparent error in holding that the conduct of the parties prior to the coming into force PWD

Act, 2005 cannot be taken into consideration while passing an order. This is a case where the respondent-husband has not complied with the order and direction passed by the Trial Court and the Appellate Court. He also misleads the Court by giving wrong statement before the High Court in the contempt petition filed by the appellant-wife. The appellant-wife having being harassed since 2000 is entitled for protection orders and residence orders under Section 18 and 19 of the PWD, Act, 2005 along with the maintenance as allowed by the Trial Court under Section 20 (d) of the PWD, Act, 2005. Apart from these reliefs, she is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent-husband. Therefore, in addition to the reliefs granted by the courts below, we are of the view that the appellant-wife should be compensated by the respondent-husband. Hence, the respondent is hereby directed to pay compensation and damages to the extent of Rs.5,00,000/- in favour of the appellant-wife.

 

16. The order passed by the High Court is set aside with a direction to the respondent-husband to comply with the orders and directions passed by the courts below with regard to residence and maintenance within three months. The respondent-husband is further directed to pay a sum of Rs.5,00,000/- in favour of the appellant-wife within six months from the date of this order. The appeal is allowed with aforesaid observations and directions. However, there shall be no separate order as to costs."

Copy of the Judgment of Supreme Court of India in Saraswathy v. Babu is annexed as Annexure WA-2

 

 

33.        That in Smt. Rashmi Kumar vs Mahesh Kumar Bhada (1997) 2 SCC 397 the Hon'ble Apex Court held that the properties gifted to the wife before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. The Hon'ble Supreme Court held that:

"It is thus clear that the properties gifted to her before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. It is her absolute property with all rights to dispose at her own pleasure. He has no control over her stridhana property. Husband may use it during the time of his distress but nonetheless he has a moral obligation to restore the same or its value to his wife. Therefore, stridhana property does not become a joint property of the wife and the husband and the husband has no title or independent dominion over the property as owner thereof."

Copy of the Judgment of Supreme Court of India in Smt. Rashmi Kumar vs

Mahesh       Kumar       Bhada      is      annexed       as Annexure       WA-3

 

34.        That the Complainant requests the Hon'ble Court to permit and allow the Complainant to submit the present Written Arguments on record of matter in the interest of justice.

 

 

The Complainant prays that she may kindly be provided the following relief under the said Act.

1       Relief a) Under the said Act, the complainant may be given protection, residence, the possession of her stridhan, jewelry and clothes etc.

b)  To stop further acts of domestic violence on her by the respondent.

c)  To allow her to live in the flat and to restrain the respondent from disposing her or threatening her directly and through his friends with physical harm.

2. Protection Orders

The Complainant may kindly be granted protection and prohibit the respondents from:

a.  Committing any act of domestic violence.

b.  Aiding and abetting in the commission of acts of violence.

c.  Attempting to communicate in any form, whatever, with the complainant, oral or written or electronic or telephonic contact, just to torture or torment her.

d.  Alienating any assets, including her stridhan, jewellery or any other property.

e.  Causing violence to relatives or any person who give the complainant assistance from the domestic violence.

f.    Committing any other act as specified in the protection order.

3.                                       Residence                                        Orders

The complainant humbly prays for pass a residence order:

a) Restraining the respondent or any of his relatives from entering any portion of the household in which the complainant resides.

4. Monitory Relief

The complainant humbly prays for passing an order as under:

a.  The medical expenses wherever necessary for the complainant.

b.  The maintenance of complainant considering the fact that the respondent has no other liability except the complainant, she should be given a maintenance allowance of Rs. _____ /- per month, considering the fact that the respondent earns gross salary of Rs. ______ /- per month.

5. Compensation Orders

The complainant prays in addition to other relief as may be granted under this Act, to pay Rs. ______ /- and damages for injuries including mental torture, depression and emotional distress caused by the Acts of Deomstic Violence committed by the Respondent and the litigation expenses.

 

 

 

 

 

PRAYER

 

In the light of the submissions made above the complainant most humbly prays for the following reliefs:

(a)  Right to reside in the shared household U/s 17 of the said Act.

(b)  Protection orders U/s 18 of the Act.

(c)  Residence order U/s 19 of the Act in the flat.

(d)  Monetary reliefs U/s 20 of the Act.

(e)  Compensation order U/s 22 of the Act.

Any other relief which this Hon'ble Court may deem fit in the eyes of law and in the interest of justice.

COMPLAINANT

THROUGH

 

ADVOCATE FOR THE COMPLAINANT

 

NEW DELHI

  

 

 

 Affidavit format under Section 23(2) of The Protection of Women from Domestic Violence Act, 2005.

Format of Affidavit under Section 23(2) to be attached with Application under

Section 12 of the Protection of Women from Domestic Violence Act, 2005

IN THE COURT OF JUDICIAL MAGISTRATE AT _________

CASE                 NO.                __________                OF                20__

 

IN THE MATTER OF:

MRS. W_________                                                            COMPLAINANT

VERSUS

MR. H __________                                                           RESPONDENT

Police                    Station                   :                   _________________

 

AFFIDAVIT

I, __________________ Wife of Mr. ________________ Resident of ______________________________, D/o Mr. _________________ R/o__________________________ presently residing at____________ do solemnly affirm and declare on oath as under:

1.              That I am the Applicant in the accompanying Application for ____________ filed for myself and for my daughter / son.

2.              That        I       am    the    Natural      guardian    of

______________________________.

3.              That being conversant with the facts and circumstances of the case I am competent to swear this Affidavit.

4.              That the Deponent had been living with the Respondent at _________ since ______ to ________

5.              That the details provided in the present Application for the grant of relief under Section (s) _________ have been entered into by the Deponent / at my instructions.

6.              That the contents of the said application have been read over, explained to me in English/ Hindi / any other local language (Please specify ______________)

7.              That the contents of the said application may be read as part of this affidavit and are not being repeated herein for the sake of brevity.

8.              That the Applicant apprehends repetition of the acts of domestic violence by the Respondent (s) against which relief is sought in the accompanying application.

9.              That the Respondent has threatened the applicant that

________________

10.          That the relief claimed in the accompanying application are urgent in as much as the applicant would face great financial hardship and would be forced to live under threat of repetition / escalation of acts of domestic violence complained of in the accompanying application by the Respondent (s) if the said reliefs are not granted on the 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 ____________ (Place) on this___ day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and belief nothing in Material has been concealed therefrom.

DEPONENT

 

Note

The above affidavit should be attached with Application under Section 12 of The Protection of Women from Domestic Violence Act, 2005.

 

 

 [CD1]Protection of Women from Domestic Violence Act,

 

Code of Criminal Procedure, Section 125