on the dayis presentedthat

application which the lNFORTHE

THE HIGH COURT
OFOF AND
PUNJAB
u The on HARYANAAT
applicationmay however
if
specifically

To
W
aged
TheAddl
T
High
Title Court
of case

presentation
applicationfor
received
ordersafter 11 am
the
ltWm
submitted on day be
of
a4u9MV1l

3146

q
i

meta
wampv
CHANDIGARH
ouoi COUNSELFOR THE PETITIONER

KANCHAN
2017.07.06 11:50
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ORIGINAL
Chandigarh
 lN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRIMINAL REVISION F is or 2017

Shramistha RajSingh

Versus

Gaurav Anand Respondent

I N D E X

Sr No Particulars Date Page Court Fee

1 Grounds of Revision 04072017 oi sq

2 Affidavit 04072017 1D

3 Memo of Parties 04072017 H 3 O

4 order
impugned 08052017 2 20 5 D 0

5 Annexure P1 02032016

Complaintunder Section 12 of
3 H1 lg
Domestic Violence Act

6 Annexure P2 04022016

Petition under Section 125 gum 1 3

CrPC
7 Annexure P3 l2S93
8 D0

Reply
8 Power of attorney 03072017 3amp3
gt
Total Rs on
5
Note No caveat has been received in the presentcase

CHANDIGARH
DATED ono1 25 SIMRA

N EET SINGHSIDHU
ADVOCATE
COUNSEL FOR THE PETITIONER
P 5872006

KANCHAN
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Chandigarh
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

V CRIMINAL
REVISION F 153 or 2017

Shramistha RajSingh Petitioner

Versus

Gaurav Anand Respondent Total

Court fee affixed 3

0
TsK

CHANDIGA H
DATED2 oI1 a1 Qop1

SIMRANJ ET SINGH SIDHU

ADVOCATE
COUNSEL FOR THE PETITIONER
P 5872006

KANCHAN
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Chandigarh
 10849HC
v

StereoHCJDB2
ChdIiem 6Govt
1
PressUT Chd 9
SheetforCriminal RevisionApplications
Opening
In the High Court of Judicature for the States of
Punjab and Haryanaat Chandigarh
Crimin

lSIOn of
No 9 200

District Dateofling Petition Whetherreceivedfrom on Petition

Stamp
inpersonor
Petitioner
byCounselor Agent

Petitioner
zuJ1
versus
7
vvgz
W
4
Petitionfor revisionunder section of
20 Z
of theorderof
6
dated
2oo Q

undersection
Charge 2 Q11
Iuvv
J 44
SICe
1glt1zh44
KANCHAN
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Chandigarh
 GROUNDS OF REVISION

RESPECTFULLYSHOWETH

That the impugnedorder dated 08052017 passedby the Ld District

Judge FamilyCourt Faridabad wherebypetitionof the petitionerfor interim

maintenance has been dismissedwhich is totally againstthe facts and

circumstances of the case and the settled law bythe Honbe Supreme
Court in

the case Shalija Anr Vs Khobbanna20172 RCR Cr 497 836697 The

relevant extract of thejudgement

is reproduced
as under

17 We are not satisfied with the order passed by

the High Court consideringthe income of the

respondent husbandwhich we have been told is

more than Rs80000 per month since the respondent

husband is a Senior Lecturer in a college It is stated

by learned counsel for the appellantsthat the

ae husband is also the

respondent owner of 26 acres

of irrigated
land

That apart we find that the High Court has

proceededon the basis that the appellant No1

was one
capable of earning and that is of the

reasons to
the maintenance granted
for reducing her

by the Family CourtWhetherthe appellantNo1is

capable of earning or whether she is actually

earningare two different requirementsMerely

because the appellantNo1 is is

not in our opinion sufficient reason to reduce the

maintenance awarded bythe FamilyCourt

KANCHAN
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 9 Under the circumstances we set aside the order

passedbythe High Court and restore the order

passedby the FamilyCourt

10 It appears that the son has now attained the

age of majority If that is so the son will be

entitled to maintenance only till the age of reaching

majority

11 Subjectto the above the order passedby the Family

Court is affirmed

12 The appealsare accordingly

allowed

In the presentcase petitionerhas no source of income by any means

2 That brieflystated the facts givingrise to the presentrevision petitionare

that the parents of the petitionerwere lookingfor a suitable match for their

daughterin the year 2014 The family of the respondenthad given an

advertisement in the newspaper as theywere lookingfor a suitable match for

the marriageof their son respondentIt is pertinentto mention that in the

advertisement they had disclosed that the respondentis a senior software

engineer

3 That the familyof the petitioner

showed their interest in the matrimonial

alliance of the respondentBoth the families started communicating

with each

other and after satisfaction both the partiesgivethe consent for the marriage
of

the partiesThe marriage

between the partieswas solemnized on 23042014 at

Hotel Saffron Kiran Mathura Road Faridabad accordingto Hindu rituals and

ceremonies The marriagewas solemnized with great pomp and show The

parentsof the petitionerhad spent a hugeamount on the leadingin order to do

satisfythe demands of the respondent

and his familymembers The parentsof

KANCHAN the petitionerhad spent around Rs 4550000 on which included

the marriage
2017.07.06 11:50
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Chandigarh
 2

the gold diamond and silver ornaments and other dowdyarticles alongwith
a6 ll
Tata Aria Car The list of dowdyarticles can be shown to this Honbe Court if this

Court deems fit

4 That after the marriage

of the petitionerthe petitionerstarted livingwith

the respondent
in the matrimonial house at Chittupurnear Current Coaching

InstituteBanaras UP where the marriage

of the partieswas consummated Out

of the wedlock of the partiesno issue was born The petitioner

stayedat Banaras

for around a week From the very beginning

the attitude and the behaviour of

the mother and three sisters of the respondent

was not good The motherin

law of the petitionerhad taken all the gold and silver ornaments of the

petitionerworth more than Rs 1770000as as well as cash amount of Rs

350000 as lstridhan byher pa rents and relatives

5 That only after few days of the marriageof the petitionerwith the

respondentthe petitioneron 26042014 saw messages of some other female in

the wrong sense to the respondentWhen the petitionerasked the respondent

about the messages the respondent

started beatingthe petitionermercilessly

The respondent
did not stop here he even recorded an video of
objectionable

the petitioner
and threatened her that if she ever discloses the same he will put

the video on Internet Thereafter after one week the petitionerthen went to

with the respondent

Bangalore and his three sisters

6 That onlyafter few daysafter the marriagethe respondent

and his family

members started forcing the petitionerto demand more money from her

parents The petitionertime and againrequested

the familyof the respondent

that her parents had spent more money than what theycould afford but all in

vain The behaviour of the respondent

and his familymembers remained the

same
towards the petitionerThe motherinlaw of the petitioneralwaysused

KANCHAN filthy languagetowards the petitionerand her family Despitebeingwell

2017.07.06 11:50
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Chandigarh
 5
educated the entire domestic work of the house was cordoned from the

traditional as if she was a maid and the three sisterinlaws of the petitioner
kept

on It is
tauntingher and used filthylanguage
againsther pertinentto mention

that all the three sister in laws of the petitionerwere unmarried It was very

common
for them to pick up well with the petitioneron petty issues They

alwaystaunted the petitionerthat the petitionerhad destroyed

the life of their

brother as theyhad not givenproper dowryto the petitionerdespitebeingthe

only child Theywere expectinga lot of dowryas the petitionerwas the only

child As submitted above the respondent

was gettingremarried and it was the

first marriage
of the petitionerIt is humblysubmitted that it was due to the

cruel behaviour of the respondent

and his familymembers that the earlier life of

the respondent
took a claywas from him

7 That later on it came to the knowledgeof the petitionerthat they

respondentnot only had relation with some other lady but was also a chain

smoker and also addicted to alcohol When the petitioner

protestedagainstthe

habits of the respondentthe respondent

threatened her that either he will kill

her or then sent her back to her parents house The respondent
started the

petitionerto demand Rs 70 lakhs from her father so that he could buya flat in

Bangaloreand threatened with dire consequences if she failed to meet the

demands of the respondentThen the petitioneris used to bow down to be

demands of the respondentthe respondent

started beatingher mercilessly
and

hard fatherinlaw also provoked

him to beat her most

8 That left with no optionthe petitionerwas forced to make a telephone

call to her mother Her mother after hearingthe sorry state of affairs of the

petitioner immediatelycame to BangaloreThe respondentand his family

members instead of them welcoming

her insulted her and used lthy language

to humiliate her The mother of the petitionerrequested several

the respondent
KANCHAN
2017.07.06 11:50
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1
ORIGINAL
Chandigarh
 times to not to subjectthe petitioner
to crueltybut all in vain The respondent

rather started demandingmoney from the mother of the traditional When

failed the mother of the petitionerbroughtthe petitionerback to

everything

Faridabad where the motherinlaw of the petitionercame to bringher back to

her matrimonial house and assured the parentsof the petitionerthat theywill

improvetheir behaviour towards the petitionerBut only after seven daysof

bringingthe petitionerback to her matrimonial house she was againsubjected

to crueltyand againin demand of Rs 70 lakhs alongwith more dowrywas made

Then the petitioneragainrequested

that her parentscannot fulfill the demands

she was beaten in a merciless man The petitioner

was so brutallybeaten that

one in a drunkard positioneven broke her mobile phone

the respondent

9 That whenever the petitionerhad to go to meet her parents the entire

expenses were borne by her parents Not a singlepaisawas ever givento the

petitionerby her husband the respondentand the ATM from which the

petitionerused to do her daytoday expenses was givenbyher parents

10 That the car which had been givenby the parents of the petitioner
was

returned by the respondentas he had damagedthe car and had not got it

insured In order to changehis liabilitythe respondent

even took a receiptfrom

the father of the petitioner

on 17042015

11 That when all the efforts of the petitioner

and her familymembers failed

in order to pacifythe respondent

and his familymembers and to stop them from

was forced to file a complaint

makingdowrydemandsthe petitioner againstthe

and his familymembers before the policeauthorities The petitioner

respondent

57complaintsagainst the respondentand his family before the ACP DCP

and Commissioner of Police Finallyafter runningfrom pillarto post

Bangalore

FIR No 11 dated 01022016 Police Station Women Faridabad was got

3P
KANCHAN
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Chandigarh
 againstthe respondentand his familymembers The copy
registered of
the FIR can be placedon record if this Honble Court desires the same

12 That thereafter the petitioner filed a complaintunder section 12

alongwith181920 and 22 of the Protection of Women from the Domestic

Violence Act againstthe respondent

and his familymembers before the learned

the IlaqaMagiatrateFaridabad Alongwith the main applicationan application

under Section 231 and 2 of the Protection of Women from the Domestic

Violence Act has also been filed The copy of the complaintunder section 12

alongwith181920 and 22 of the Protection of Women from the Domestic

Violence Act againstthe respondent

and his familymembers before the learned

the IlaqaMagiatrate Faridabad dated 02032016 along with the interim

is annexed as
application ANNEXURE P1

13 That the petitioner

had also filed the presentapplication
before the under

Section 125 of the CrPC before the District Judge FamilyCourt Faridabad

prayingfor maintenance Rs 100000 per month alongwith application

for

interim maintenance The copy of the applicationunder Section 125 of the

CrPC dated 04032016 is annexed as Annexure P2 Detailed reply to the

aforesaid petitionwas filed by the respondenthusbandwhich is annexed as

ANNEXURE P3

14 That the learned Trial Court without looking into the facts and

circumstances of the case and the law settled bythe Honble ApexCourt vide its

order dated 08052017 dismissed the application

of the petitioner
for a grantof

interim maintenance The impugned

order passedbythe learned Trial Court is

liable to be set aside on the followinggrounds

i That the learned Trial Court has ignoredthe fact that the petitioner
has

no source to maintain herself It is

of income even on daily basis

KANCHAN
2017.07.06 11:50
humblysubmitted that the petitionerhas completedher MBBS from
TRUE SCANNED COPY OF
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Chandigarh
 Nepalbut the petitionercannot practicein India without passingher

ForeignMedical Graduate Test FMGE This fact is very well within the

knowledgeof the respondent

as he claims that he had paidthe online

of the petitioner From this it is clear

fee for the examinationcourse

that the petitionerhas no source of income and therefore the

respondentis liable to maintain the petitionerand cannot shrink his

duty in the garb of the fact that the petitionerhas inherited the

propertyof her father

That the trial court ignoredthe fact that the respondent

is earning

more than two lakhs per month which is clear from the perusalof

Income Tax Return for the assessment year 20132014 Also the

has also shown his income to be more than 20 lakhs pa

respondent in

the year 2012 and has not paideven a singlepaisain order to maintain

the petitionerAs this clear from the perusalof the application

under

section 125 CrPC even the daytoday expenses of the petitioner

were
beingborne by her parents Income per month of respondent
is

Rs 200000 Thereforethe respondent

is liable to givemaintenance

of Rs 100000 per month to the petitioner

That the learned Trial Court did not appreciatethe fact that the

petitionerhas been treated by the respondentand his familywith

utmost physicalmental and emotional crueltyand was forced to leave

the company of the respondent

That the impugned

order of the Ld Trail Court is against
the judgement

passedbythe Honble Supreme

Court in the case and Anr Vs
of Shalija

Khobbanna supra

KANCHAN
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 15 That the petitioner
is left with no speedyefficacious remedyof appealor

revision except to approachthis Honble Court by way of filing the present

petitionfor redressal of his grievance

16 That no such or similar revision petitionhas earlier been filed by the

either in this Honble Court or in the Honble Supreme

petitioner Court of India

againstthe impugned
order dated 08052017 under challenge

P RA YER

It is thereforehumblyprayedthat the presentpetitionof the petitioner

may kindlybe acceptedand the impugned

order dated 08052017 passedby

the District JudgeFamilyCourt Faridabaddismissing

the application
for interim

maintenance of Rs 1 Iakh per month petitioner wife may be quashedor

modified in the interest ofjustice

It is further prayedthat exemption

from filing certified andor typed

copiesof Annexure P1 to P3 may kindlygrantedin the interest of justiceand

fairplayand the petitionerbe allowed to placeon record the photocopyof the

same

It is further prayedthis Honble Court may pass or issue any other

order
appropriate or direction in favor of the petitioner
as it may deem justand

proper in the facts and circumstances of the case

CHANDIGARH
DATED cu o1 zojtt SIDHU

ADVOCATE
COUNSELFOR THE PETITIONER

KANCHAN
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 a IN
THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 4
CRIMINALREVISION F LS9 OF 2017

Shramistha RajSingh Petitioner

Versus

Gaurav Anand Respondent

Affidavit of Shramistha Raj Singh aged around 29

years Wo Gaurav Anand alias Gaurav Anand SinghDo Dr

Balram Chaudhary
Ro 526C Sector 21B Faridabad

I the above named deponentdo herebysolemnlyafnn and

declare as under

1 That the deponentis filingthe above mentioned petitionin this

Honble Court

2 That the petitionhas been drafted as per the instructions givenby

the deponent The contents of paras 1 to 16 of the petition

are true and

correct to the knowledge

of the deponentno partof it is false and nothing

has been keptconcealed therein

3 That no such or similar petitionhas been filed earlier by the

Petitioner in this Honble High Ie Supreme

Court
1
Chandigarh
n L
A
M
2g Dated0 1 I
I
Rel V
3
2017
I
Deponent
2 V

VERIFICATION r
2 Verified thatthe of to 3 of my above afdavit
Ir are true and correct to my of it is false and nothing
has
7 part
i1 keptconcealed therein
Chandigarh
5been
pT5TED
DatedoboI2cI 1 I
Deponent
I

M
0 4JUL23 ZEjlsIlC
A

Lil
KANCHAN
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Chandigarh
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRIMINAL REVISIONF OF 2017

lg

MEMO OF PARTIES

Shramistha RajSinghagedaround 29 years Wo Gaurav Anand alias Gaurav

Anand SinghDo Dr Balram Chaudhary

R0 526C Sector 21B Faridabad

Petitioner

Versus

Gaurav Anand alias Gaurav Anand SinghSo Anand Singhalias Anand Kumar

Permanent Resident of C3352A Chittupurnear Current CoachingInstitute

Banaras Uttar Pradesh 221010

2nd Address HNo 401 Chinnu Paradise Near AlapineECO Appartmentof

Outer RingRoad Doddena Kundi Bangalore 560037

Respondent

CHANDIGARH
DATED
SIDHU

ADVOCATE
COUNSEL FOR THE PETITIONER

KANCHAN
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Chandigarh
 I I

eacNo ggf
VERSUSDo IDI4l J
11
0H W717 344 1

Sir

EXAMIN

R
Session Courts
FARIDABAD

I7

rWW
KANCHAN
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Chandigarh
L

IN THE COURT OF DR SARITA SESSIONS

GUPTA DISTRICT
JUDGE DISTRICT JUDGE FAMILY COURT I FARIDABAD
UID NOIIR0034

CNR

CIS NoHMA0000772016
HMA PetitionRBT No535 of 2016

Date of Instt1204201604032016
Date of Order0B052017

Next Date of Hearing14072017

Raj Singhagedabout 28 years wife of Shri Gaurav Anand

Sharmistha
aliasGauravAnand Singhdaughter
of Dr Balram of

HouseNo526C Sector21BFaridabad

Petitioner

Versus

GauravAnand alias GauravAnand Singhson of ShriAnand Singhalias

Anand Kumarpermanent residentof near Current
C3352A Chittupur
Coaching
Institute UttarPradesh221010
Banaras
llnd Address HNo401 Chinnu ParadisenearAlapineECO Apartment
of outer RingRoadDoddena KundiBangalore560037

Respondent

APPLICATION FOR INTERIM MAINTENANCE

In

PETITION UNDER SECTION 125 OF CRPC FOR GRANT

OF MAINTENANCE ALLOWANCE

ED
n
i

08052017 H 1
As aRani DistrictD upaCourt
JudgeFamily I XANER
essiori OUI s
FaridabadUID No1IR0034 FARIDABAD
KANCHAN
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ORIGINAL
17MAY
Chandigarh
 Ti 2
32
Sharrnistha
Singh vs GauravAnand
CNR NoHRFB010023002016 CIS N0HMA0000772016

Present Sh PrashantSharma
counselfor the
Sh Deepak Geracounselfor the respondent

ORDER

This order shall disposeof an for interim

application

maintenancefiled bypetitionerwife

2 It has been argued

by learnedcounsel for the petitionerwife

that petitioner
is legally
weddedwife of GauravAnand She

was married to on 23042014 according

to Hindu rites and
respondent
ceremonies at Hotel Saffron Kiran Mathura Road Faridabad After the

in matrimonial homeat
lived with the respondent
marriagepetitioner

near Current
Chittuput BanarasUttar
Institute
Coaching The

marriage
was and out of the saidwedlockof the partiesno

child was born out Petitionerstayed

in Banarasafterthe marriage
about

one week The the respondent

and his family
members
was

not goodtowardsthe petitioner

The goldand silver ornaments and cash

amount snatchedby the respondent

and his
of 350000 was
family
membersThe parentsof the petitioner
had givensufficientdowry
in the

but the respondent

marriage and his family
memberswere not satisfied
with the said dowryLater on respondent the petitioner
brought to

0
DI I
DistrictJudgeFamily
CourtI
AshaRani FaridabadUID No1IR0034
08052017 17 mvzuii
Session
EXAMINERCourts
FARIDABAD
ATTESTED
f
KANCHAN
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Chandigarh
W
 EL3

3
Sharmistha
Singh vs Gaurav Anand
CNR NoHRFB010023002016 CIS NolIMA0000772016

Bangalorealongwith his three sisters and theywere harassing

and torturing
humiliating the petitioner
becausesistersof the respondent

had came fromhostel

3 It is furthersubmittedthat on 2642014the petitioner

had

seen wrong messages

of anotherfemaleon mobile phone
of respondent
The was givenmercilessbeatings
petitioner He had
by the respondent

taken her video and

objectionable and her
threatened to

uploadthe photoand the video on Internetand would also her

destroy
career to
if shewould tell anybody
After the marriage
the petitioner
came

know that the respondent bad habitsused to

was chain smokerhaving

takeliquordailyand was a womanizer He was illicit relations

having
with some other ladyOn beingtaken by the petitionerthe
objection

demandedamount of
threatenedto kill The respondent
respondent

T7000000for a at in Indira NagarBangalore

He further

her to harassand torture her if his demandwas

threatened not fulfilled
On 332015 came home late nightin drunkard position
therespondent

and gave to the petitioner

beatings Since 532015the petitioner

in her parental
has beenresiding homeon theirmercy The car
givenby
in the marriage
the parentsof the petitionerto the respondent has been

11 i

DistrictJudge
FamilyCourtI
AshaRani
08052017 FaridabadUID NoIIRO034 ATTES
Session Courts
EXAMINER
FARIDABADED
KANCHAN
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ORIGINAL
Chandigarh
 s

4
SharniisthaSinghvs GauravAnand
CNR NoIIRFBOI0023002016 CIS NoIIMA0000772016

totally by him and returnedthe same to the father of the

to the police vide FIR

petitionerThe petitionermade a complaint

No001l dated122016 underSections323 376 498A IPC registered

in

Women Police Station Sector16Faridabad Petitionerhad also filed an

under Section
application 12 of Protectionof Women from Domestic

Violence Act againstthe respondent

and his family
memberswhich is

pending

4 It is submittedthat petitioner
has no source to
of income
maintain herself while is Software Engineer
respondent in Brocade and

servingin Bangalore
Brocade World Tech CenterAmber Building

Karnatakaand
Bangalore has beenearning
T200000

per month as per publication

in newspaperDainik Jagran
dated1762012

of income tax return filed

and photocopy on wef 4102013buthe has

refused to pay any maintenanceamount to the petitionerIt has been

further submittedthat the petitioneris for

preparing entrance
exam of
Medical Council of India which would be held in futurefor which the

petitioner a girlshostelnear her

requires coaching at New Delhi
institute
In these circumstances
she is entitled to per month
100000 as

maintenanceallowance pendente
lite as well as litigationexpensesof

W xx t
4
ya
Dr Slirllu
Gupta
DistrictJudgeFamily
CourtI
AshaRani FaridabadUID NoIIR0034 FARIDABAD
KANCHAN
08052017 ATTE
EXAM
Session Neo
ER
Courts
2017.07.06 11:50

1
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Chandigarh
 r
i SinghSvs GauravAnand
CNR NoHRFB010023002016 68 V

CISNo1IMA0000772016

S5000

5 On the otherlhand
it hasbeen argued
by learnedcounselfor
V

the thatallegations harassmentand demand

regarding

of dowryare false and fabricated Petitioner herselfhas left the conjugal

company of without any reasonablecause

respondent The petitioner
herself is an She is
educatedgirl and a doctor by profession capable
of

for her livelihoodas she has completed

earning her MBBS Course The

haslevelled false allegations

petitioner of rapeetc against
the respondent

6 It has furtherbeen arguedthat the company in which

is working
respondent has already
been sold out and the companyis

likelyto be closed and respondent

mightbe joblessThe is a
respondent

softwareEngineer
and is an amount
82000 per
of approximate

month after deductionsHe has three unmarried sisters who are studying
in differentcolleges upon him as the fatherof
andare totallydependent
is a retiredperson andhis motheris sick andold agedlady
the respondent

On the other handpetitionerhas completed

her MBBS and running
a

clinic It is submitted tree showsthat petitioner

family is the only

of lateDr
daughter Balram and Smt Premlata and

she inherited double storyed house No526 C and A Sector21B

A x
r
DistrictDr
JudgeFamily
Courtl
AshaRani FaridabadUID NoHROo34
2
1
08052017 A 4 ED r
ATTES Courts
FARIDABAD
Session
EXAMINER
V

KANCHAN
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I7Mtvzim
Chandigarh
 2

6
Shartnistha
Singh vs GauravAnand
CNR No1IRFB010023002016 CIS NoHMA0000772016

Faridabad measuring
500square yardsThe market value of the said
houseis T5 crores havingrentalincome of 36000 per

month She has also inheritedthe agricultural

land residentialplotsand

fruit gardens at District Basti UP

at different places Photographs
placed

on record also shows that Dr SharmisthaSinghis running

a
clinicIt is
that her application
pleaded for interim maintenancedeservesdismissal

7 In reply
to thearguments bylearned
advanced for the

it has been arguedby learned counsel for the

that husbandis bound to maintain his wife if he is

I

petitionerwife even

beggarinsolventminor or monk so longhe is able bodied

professional

andekesout his livelihood

8 I have heardlearnedcounselfor both the partiesand perused

the case file carefully

9 This is a petitionfiled by petitionerwifeseekinga

maintenanceunder Section 125 CrPC Duringthe pendency

of this

has moved
petition petitioner an for grant of interim
application

maintenance On perusalof familytree it that petitioner

transpires

Dr 1 lt
Sl5ilvipta v
District
JudgeFamily CourtI
KANCHAN
AshaRani
08052017 FaridabadUID NolIR0034
2017.07.06 11:50
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ATTE
FARIDABADER
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TED
ORIGINAL
Chandigarh 17
 7
Sharmistha
Singh vs GauravAnand
CNR NoHRFBO10023002016 CIS NolIMA0OO077l2016

Sharmisthais the daughter

of late Dr Balram and
Smt
She has inheriteddouble storyedhouse No526 C
PremlataChaudhary

500 squareyardsvalue of which

andA Sector21BFaridabadmeasuring

is T5
allegedly and also rental income
having of
36000 per month It furthershows thatshe has inherited agricultural

land 33 bighasand several other agriculturalplot

residential plotsandfruit gardens at District

at differenceplaces Basti

UP allegedly
having income of T5

per annum is
placedon record also shows thatpetitioner
also running
hospital
as name of Dr Sharmistha is also
Singh mentioned

on In the biodata submittedby her it is

the board of that hospital

mentioned thatshehad completed

her MBBS course and having
plotand
built housein 500 square yards
Sector21BFaridabadmeasuring of land

near about100bigha sharein 12 Bighas

land of 3 real brothers14th of
3 real brothers
three plotsin Basti of threereal brothersFrom the
it is establishedthatpetitioner
aforesaiddocuments has sufficientsource

of income for herself Shehas completed

her MBBS Course

and is practicing
as a doctor and board of her name is affixedon
that

clinic She is also having

a house No526 C and A
bearing
500 square yardsand also
Faridabad measuring land
agricultural and

08052017
Asha
5 M

Rani
Dr Sarltrbupta1 I
DistrictJudgeFamily
CounI
FaridabadUID NoHR0034
3
Courts
Session
FARIDABAD
EXAMINER
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 9
8
Sharmistha
Singh vs GauravAnand
CNR No1IRFBOI0023002016 CIS NoIIMA0000772016

from which she is deriving

gardens sufficient income Thus it cannot be

held that petitioner

has no source of income Thereforein the factsand

circumstancesof the present case is

petitioner not entitled to interim

maintenance Resultantly
her application
for grant
of interim maintenance

ced in open Court District

Dr
JudgeFamilyCourtI
FaridabadUIDNoHR0034

Note This ordercontainseight

pagesandall the pageshave
beencheckedand signed by me
V

Dr Sritab ta7
DistrictJudge
FamilyCourtI
Faridabad UID NoHR0034
08052017
Asha Rani

Recordre eEvedc
Dateof prcpaiakisn
1 I
No trip I

COP3
Toi
g
I
SER Authorised
byEvidenceAct
India
Ex

17MAYzmi

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 IN THE HONBLE COURT OF ILAQA

FARIDABAD

APPLICATIONNO OF 2016

ShramisthaRajSinghagedabout 23
Gaurav Anand alias Gaurav years Wife of Shri
DrBalram Anand Singh daughterof
Residentof House No526C Sector
21B Faridabad

Complainant
Applicant
Versus

GauravAnand alias GauravAnand SinghSon of

Singhalias Anand Shri Anand
Anand Kumar Husbandoi the applicant
Singhalias Anand KumarSon of late Prahlad Singh
father in lawof the applicant
Geeta Singhwife of Shri Anand Singhalias Anand
mother in law of the Kumar
Varsha applicant
Anand of Shri Anand Singhalias Anand
daughter
KumarNanandof the applicant
VasundhraAnand daughter
of Shri Anand Singhalias
of the applicant Anand
Nidhi Singhalias Ratnadaughter of Shri
Anand KumarNanand tnand Singhalias
Permanent of the applicant
Resident of C3352A Chittupur near
Institute BanarasUttar Current
IInd Pradesh221010
Address HNo401 ChinnuParadise near
ECO Appartment of Alapine
Banglore560037 outer Ring Road Doddena Kundi

Accused

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 Application under section12 of the protection of women
from the Domestic Violence Act43 of 2005

RS

showethi

1 That the under section181920 and

application 22 of the

Protection of Women from DomesticViolenceAct 2005 is

beingfiled

2 That the is
applicant the legallywedded wife of the

respondent
No1 and the betweenthe partieswas
marriage

solemnizedon 2342014 at Hotel Saffron Kiran Mathura

Road Faridabad to Hindurites ceremoniesin the

presence of relatives friends and familymembersof both

the parties and plothraof the societyand their above

matrimonial alliance as wedded husbandand wife

legally is

still and affidavit of the petitionerin this regard

is enclosed herewith

3 That after the marriagethe applicant

lived with the

respondentNo1 in the matrimonial home at Chittupur

near

Current Institute BanarasUttar Pradeshwhere

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 the marriage
was consummatedand out of the said wedlock

of the partiesno issue was bornout The stayedin

applicant

Banaras after the marriage

aboutone week and where the

No1 and his

behavior of the respondent familymembers
was not good towards the applicant
and at that time the

mother in law and sister in law had also taken diamond gold

and silver ornaments of Rs17700l0 from the applicant

as well as cash amount of Rs350000 which was with the

as her Istridhan given

by the parents
and relative at the time of the marriage Later
on
the

respondent
No1 took the applicant
to Banglore

his three sisters they are and humiliatedand

torturing the applicantbecause the sister of the

respondent
No1 came after leave thr Hostel

That the parents of the has spentan

amount of

around Rs4550000 on the marriage

of

the applicantwhich includes Tata AryaCar and

ornaments

of gold andsilver etc worth of Rs1770000 and

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 rt

Rs350000 cash at the time of the which makes

marriage

was
givenin dowryalongwith
other items of the household

by the parents of the petitioner The parents of the

petitionerhad givena sufficient dowry

to the petitioner in

the marriage
of the petitionerto the The
respondent list

of the dowryarticles are herewith as Annexure

P1 No1 and his

but the respondent familymembers were

not satisfied with the said dowry

That on of the petitionerwith
2642014 after the marriage

the respondent
No1 The petitionersaw the wrongmessage

on
No1 and
the another female on respondent was

beaten badlybroken The applicantwas givena

merciless
by the
respondent
No1 and also taken her

video and photogiving

the threat thatif you
will tell any body
you will be beatenf and video
photo

of the will
applicant be uploaded
on the media Inter net

and your career

destroy and life byshowing
these video to

QMW
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 the societyon the Inter Net After one
week went to

with Gaurav the sister

Banglore in laws

That the several

applicant times requestedto

the respondent
No1 and his familymembers that her

parents are not in a positionto fulfill the said illegal

demand But in vain and behave of the respondent

A remained the same Further the respondent

No1

9 in late
started to come nightsregularlyin drunken

conditionand beat to the and

applicant

also her to do even

unnatural sex

with him and forciblyintoxicated her forced her

to

drink wine and do sex all the nightsnon

stop by the
respondentNo1 and in this way the life of the

has been made totally

applicant a hell and ruined The

respondentNo1 had givenher phonenumber to his

friend whocall her and abuse her

regularly When
the

requestednot to do such illegal

and illicit

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W t
 t

action with her she was givena to

the applicant and the applicantseveral times

requestedto the respondentNo1 and his family

members to changetheir cruel behavior but the

respondent No1 and his familymembers were

adamant on the alleged demand That

the
mother in law of the applicant used the filthy
always
and caughtthe hairs of the applicant

forciblyand pushedthe applicanton the floor and

beaten the applicantin a merciless manner and

quarreledwith the applicant

and threatened with dire

consequencesif you not to fulfill the said demand

then you will be tortured and by them and

the respondent
No1 and his family did not

providethe food in time to the applicant

and take the

whole domestic work from the applicant

as
a maid and

three sisters in law of the applicant

are
unmarried

and theyalways to the

taunting andusedthe
applicant

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 filthy to the and quarreled
with the

applicanton some petty matters and sayingthat KI

TUNE HAMARE BHAI KI JIINDCJIKHARAB KAR DI

HAI NA TO TERE BAAP NAIBAHUT DAHEJ DIYA

HAI MERE BHAI KE LIYE RICH FAMILY KE RISTE

AAYA THE TUJHE IlLOTI SAMAJ KAR SHADDI

KARI THI KI BAHUT DAHEJ MILEGA that the

dreams of the my brother has been totallyspoiledby

you That before the said marriage

the applicant
was

unmarried but the respondent

No1 was the divorcee

from his previous

wife iamelyShikha The copy of the

divorce is enclosed herewith as Annexure P2 That

the behavior
of No1 and his
the respondent family

members was not goodtowards the previouswife of

No1 and due to that reason the

the respondent

previous wife has taken the divorce from the

No1 After taking

respondent the divorce from the

previouswifeof the respondent

No1 the respondenti 271

W
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auT
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 filthy to the and quarreled
applicant with the

applicant
on some petty and sayingthat KI

TUNE HAMARE BHAI KI JINDGI KHARAB KAR DI

HAI NA TO TERE BAAP NAI BAHUT DAHEJ DIYA

HAI MERE BHAI KE LIYE RICH FAMILY KE RISTE

AAYA THE TUJHE IKLOTI SAMAJ KAR SHADDI

KARI THI KI BAHUT DAHEJ MILEGA that the

dreamsof the my brother has been totallyspoiledby

you the
That before the said marriage applicant
was

unmarried but the respondent

No1 was the divorcee

from his previous shikha The copy of the

wife namely

divorce is enclosed herewith as Annexure P2 That

the behavior of the respondent

No1 and his family

members was not goodtowards the previouswife of

the No1
respondent and due to that reason the

previous wife has taken the divorce from the

the divorce from the

respondentNo1 After taking

previouswifeof the respondent

No1 the respondent

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 96

No1 againgot remarried with the and the

applicant

life of the applicanthas been totallyruined by the

respondent
No1 and his familymembersThat after
the the
marriage foundthat the respondent

No1 is chain smoker bad habits and takingalchol

daily and womanizingperson and havinga illicit

relation with some other ladyand in this regardthe

applicantraised the objectionthen the

No1 clearlysaid to the applicant

if you interfere in

this matter then the respondentNo1 will kill the

applicant
or to send back your parentshouseand the

No1 dailymade
respondent a call to

another women whole nightand the respondent

No1

used the filthy and alwaysbeaten the

applicantand demandedtheamount of Rs7000000

for the flat in Indra Nagar and

also threatened if you will not fulfill the said demand

then you vnll be harassedand tortured by the

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 respondentNo1 That the applicanttolerated the

unhuman behavior of the respondentNo1 and his

familymembersfor save the matrimonial life That

the father in law of the also tortured to the

applicant

applicantthroughthe respondentNo1 and on the

instance of the father in law of the applicantthe

No1
respondent beaten her and demandedthe more

dowryitems as well of For

purchase
of a flat in Indira NagarBangalore

6 That the made a telephonic

applicant call to her mother to

come back at and the mother of the applicant

came at where the respondent
No1 and his family

members insulted the mother of the and used the

applicant

filthy uponthe mother of the and in the

applicant

presence of the mother of the applicanttherespondent

No1 and
brutlybeaten theapplicant the mother of the

applicant saved the life from the clutches of the

No1 That the mother of the ti

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 requestedto the respondent
No1 notto make theillegal

demandand liver in a manner but the

the respondent membershas gone bad

No1andhis
to worse the
against membersthen
family
the mother of the the to
Faridabad and applicant residingwith her

parents
after the the motherin law of

applicant
took the at Banglore
but the
respondentNo1 and his familymemberslepi but after

seven
daysthe respondentNo1 and his family
were
the theydemanded
and
I

the items as as cash amount of

That the applicant to the

No1andhis
familymembers that herparents are notin
a to

fulfill the said andthe father of the is a

Si retired person then the

beaten in a merciless manner

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 laws
and
That
do the
always
Annexure
to
doingphotos 3take
the respondent
p wine
ertainingtoalso
the work
applicant
illegal and
and
found
used
modeling that
modeling
theNanand
made a are the
paper
ciggerateherewith
upplicI
daily in
and
1 as
7 That that the
P
work No1 tnreai news
lo three
the the sisters is if
you disclosed the badhabits of the No1 then

the No1 will upload

the photoson the netthen

your lifeand carrier would be totally and the

6f
your parents in the

defamed That the is afraid of the

No1 and his save

familymemberskeepclam onlyto her

life
matrimonial andthe in the
reputationof her parents

society

That the No1

respondent and his familymembers are very

greedytype personsand always to the

taunting

without rhymeand quarreled

or
withsomepetty
tr
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I
ORIGINAL
Chandigarh
 matters with the and the life of the

has been totally

ruined l
I

10That on came
inalate in

heavydrunken and beaten the

ina merciless
lt
manner and the mobile has also beenbroken bythe

and
respondent
No1 of themobile phone
is

attached herewith as Annexure P4 and goldjewelleries

has been snatched bythe sisters in law of the and

applicant

threatenedto the applicant

with dire
1

11 That when
theapplicantwas the
matrimonial home whenever the applicantcame
paid to Faridabad on flightand all the flight
by the parents of the applicantTheair ticketis
enclosed herewith as Annexure P5 except one time the
No1 paidthe flight ticket
respondent the
when
the took the from her parents
applicant
house That the No1 and his family
never
givenany singleamount to the for her
applicant
V

livelihoodand the used her ATM from

the pocket
of her parents

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 12 That since 532015 the applicant
is
residinginher
parents house on the mercy of her parents

13That the car which was givenby the parentsof the

applicantto the been

by the respondentNo1 and the respondentNo1 and

his
family returned back the said car
to the father of
the applicantdue to the Insurancepremium
nonmaking
amount and the father of theapplicant
t

for repairing
of thecar return
back the said Car the respondent
No1 take the of
the father of the on 1742015
applicant bythe respondent
No1 the receiptcopy is enclosed herewithas
Annexure P
6

14 That due to theillegalact and conduct of the

respondent
No1 and his familymenibers the had
applicant moved an
to the
application SHO P5 NITFaridabad on

with dairyNo175 SPII as well as

of police
of Police Faridabad on
dated and
women vide diary
Cell Faridabad 1212016and
No3C dated

Police Sector21C Faridabadand also written

complainilio
the Commissioner
of police Sector21C Faridabad
on
2212016 and the said application
hasbeenforwardedto

V
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 ACPWomenCell Faridabad and also made the

DCP Bangloreand Commissioner of Police Banglorefor

the legalaction The N611andhis family

members but no fruitful resuli out The copy oftHe

are attached herieiith as P7 to I

That after a longpracessat last been

FIR
registered the in
respondent women police

station Faridabad sector16 bearingFVIR

dated 122016 andcr section

this regardwhich may 1 read and treated

a
and parcelof this A copy of this

FIR is enclosed herewitn as Annexure P

17
15That the applicanthas no source of income to maintain

herself while the No1 is Software Engineer

in
Brocade and servingin ii5ow Srocade World Tech Center

Amber BildingMGhGdpLl1 BangloreKarnatakaand is

earningRs200000 per mrnth as per publication

news

paperHindi Dainik J agran timed 1762012 and of

lH
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tit VWLMZ wt
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 income tax return wcf 4102013 is attached

herewith as Annexure P l3 but he refused to pay any

maintenance amount to the and

the propertieswhich is in Banarasand

also getting the rental sources The

is entitledto getthe amount

of
month
fromthe No1
He also

give threat that he is ca soft ware

and
if
actions is taken against
him he will runawayabroad

16That the respondent

No1 have been engaging
the act of

Domestic Violence since their marriageThe

No1shave been assaulting

the The

respondent
No1 have also in Verbaland

emotional abuse including

insult ridicule and humiliation and

causingabuse of economic and

the deprivation

financial resources to which the complainant

is entitled
underthe law

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 17 That in view of the act and conduct of the accused

there is a greatthrealro1he life and limbsof the applicant

and the seeks the and relied
protection

upon the Protection of WonJen from Domestic Violence

Act2005

Us 18a 4 Protection order in favour of the

againstthe accused the

accused

any act of domestic

committing violence

in aiding
or inthc commissionof acts of

Violence

jg any assets bank lockersor

operating bank

accounts used or heldor by both the parties jointly

V

by the aggrievedpersonand the No1 no1s

or

bythe respondent
M91nails her Istridhan

or any other lrxbljointly by the parties or

bythemwhhoiktthe leave of the Honble court
d to stay awayfrom the
the respommH1o1s
Directing
of anyother person of the aggrieved
I
A

Toprahiaitviolence against them The

passport of the No1 be in the Ist

instanceso that he may

nvtmn awayabscondabroad 15

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 i

III U51911

aResTrainingThe fcspohdadNeil and

disposing
of The or
The
same A

bDirecTingThe No1 To secure samellevel

of

alTernaTe forThe aggrieved

person as

enjoyedby herinThe showed or To pay renT

for The same if The ciircurvmahces so require

Us To pay MoneTary Rs200000 To rneeTouT The

Relico
incurred lossesm1rcd by as a resulT

of domesTicviolence

Us 22 of Compensaen
aide

DirecTingThe Mats To pay Rs5000000 as

and
compensafion FMThe injuries menfal
TorTure and emoonal distfess caused by The acTs of Domesc

Violence commiTTed No1 and also direcTed

bythe
byThe No1 no1 lo per monTh
fay
To The as uI91dl1l relief
rm
18ThaT all The Nv persons have commiTTedThe

offence undersection12 of The ProTecTionof

Women from lawsatLc WILwrAcr2oo5
am They
my
as per
kindlybe punished of law
El
iw
T
f

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14 7
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5 as
4
V
1
 gt

19ThaT The applicamresides wiThin The of This

Honble courT and The cause of acTion To file The presenT

arose aT FaridabadwiThinThe jurisdiconof The

Honble courT hence This Honble courT has goT

To enTerTain and Try This complainT

EBDEB
IT i5Therefore prayedThaT all The No15

kindlybe summonedand punishedas per The provisionof

domesTic violence AcT The respondenT

No15 may kindlybe
V

direcTed To pay Rs100000 as mainTenanceamounT To The

applicanTand also direcTingThe respondenTNo1 To

handover The dowryiTems as well as gold and silver

ornamenTs which are in of The respondenT
possession No15

so
also
givenby The parenTsof The
direcngThe respondenT
No15 noT To sellalienaTe The

maTrimonial home wiThouT giving any To The

and noT To gave any ThreaTTo
illegal
The wiTh dire
consequences by The
No1 No1 and his family
respondenT members FurTher The

pa55porTof No1 Gaurav Anand may

namely
kindlybe in The firsT insfance so ThaThe maynoT

abscond or runawayabroad

1l44 R
E

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w

Frag

as

AnyoTher relief which This Honble courT maydeems fiT and

proper
DT To The applicant
be granTed

5129 6 We
pplicanT

Shrami5Tha
RajSingh 28 years
agedabout
Wife of Shri Gaurav Anand alias Gaurav
Anand Singh daughTer of DrBalram
ResidenT of House No526C
SecTor21B Faridabad

Counsel
Through
1 Mdfcz
lj
di RDhara

Chamber No68 LawyersChamberBuilding

Judicial Complex
sec12 Faridabad
ThaT the contenTs of The above

application
are True and correcT To The best of
my and
belief Verified at Faridabadon 0

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 IN THE HONBLE COURT OF ILAQA MAGISTRATE
FARIDABAD

ShramisthaRajSingh V5 GauravAnand

Application under section12 of The protectionof women

from The Domestic Violence AcT43 of 2005

ApplicationUnder section 231 and 2 of The protection

of
women
inTerimof Violence Act2005 for The grantgj
exparte relief
RESPECTFULLYSHOWETH

1 That The applicanthas Todayfiled The under

complaint

secion12 of the Protection of Women from Domestic

ViolenceAct2005 The conTenTs of which are not being

sake and To avoid repetition

repeatedhere for The breavity

2 That the present is

application filed by the applicant

as in the absence of any report of

aggrievedperson

Domestic Violencefrom ProtectionOfficer The is

applicant

competentto file such a complaint

and by virtue of Powers

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 Us 282 of the protection of Women from Domestic

Violence AcT2005

That this Honble court is empowered

to lay down its own

procedurefor the disposal

of The application

That the applicanthas no source of income to maintain

No1 is Software Engineer

herself while the respondent in

in
Brocade and serving BrocadeWorld
Banglore Tech Center

Amber Bilding BangloreKarnataka and is

earningRs200000 per month as per publication
news

paper Hindi Dainik Jagrandated 1762012 and of

income tax return wef 4102013 verification is attached

herewith as Annexure P 43 but he refused to pay any

maintenance amount to The applicantand apartfromhaving

the residential propertieswhich is situated in Banarasand

also getting the rental income from other sources The

applicant is entitled to get the maintenance amount of

Rs100000permonth from No1 He also

the respondent

A
4 KC

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4

give threat that he is a

soft ware Engineer
and if
any
actions is taken againsthimhe will
runawayabroad

PRAYER

It is most prayed powers

Under section23 of The Protection

of Women from
DomesticViolenceAcT2005

Interimrelief As prayedfor in
pass maykindly
be
granted in favour of The applicantand
against The
No15
respondent

It is thereforeprayedthat all The

respondentNo15 may
kindlybe summonedand punished
as
per the provisionof
domesticviolenceAct The
be
No15 may kindly
respondent
directedTo payRs100000 as
maintenance
amount to the

applicant and also the

respondentNo1 to

in
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iiw
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 handover the dowryitems as well as gold and silver

ornaments which are in possessionof the No15

respondent

so and
givenby the parents of

also No15 not

the respondent
directing To sellalienate the

matrimonial home without giving any share to the

and not to gave any illegalthreat To

the with dire consequencesby the

No1 Ne1and his family

respondent members Eurther
the

Gaurav Anand may

passport of respondentNo1 namely

in the
kindlybe impounded first instance so that he maynot

abscondor runawayabroad

Dated Applicant
I3
Counsel
Through

BirendraPrasadSingh R hara
1
E
KrJ i
ere
ChamberNo68 Lawyers
Judicial Complex
V
Advocates
ChamberBuilding
sec12 Faridabad

Y
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 IN THE COURT OF
MTRANJANA AGGARWALDISTRICT
FAMILY COURT JUDGE
FARIDABAD
Petition No of 2016
ShramisthaRajSinghagedabout 28
Anand alias GauravAnand years Wife of Shri Gaurav
Resident of DrBalram
Singhdaughter
of House No526C Sector218Faridabad

PETITIONER
VERSUS

Gaurav Anand alias GauravAnand SinghSon of

alias Anand Kumar Permanent Shri Anand Singh
near Resident of C3352A
Current Institute BanarasUttar Pradesh221010
IInd Address HNo401 Chinnu Paradisenear
Appartment
of outer Alapine ECO
RingRoad DoddenaKundi Banglore
560037

RESPONDENT

PETITION UNDER SECTION125 OF CRPC FOR

AjOWANCE OF R5100000PER MONTH MAINTENANCE

PS NITFaridabad

Sir

The petitioner most submits

respectfully as
under

1 That the petitioneris the wedded wife

legally of
the respondent

and the betweenthe partieswas

marriage on 2342014
solemnized
L
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 at Hotel Saffron Kiran Mathura Road to
Faridabad according

Hindu rites ceremoniesin the presence of relatives

friends and

familymembersof both the partiesand plothraof the

and
their above matrimonialallianceas
weddedhusbandand
legally
wife is still and affidavit of the petitionerin
this regard
is enclosedherewith

That after the the petitionerlived

marriage
with the respondent

in the matrimonialhome at near

Current

Institute Banaras Uttar Pradesh where the

marriagewas
consummated and out of the said wedlock of the parties
no issue
was born out The petitionerstayedin Banarasafter the
marriage
about one week and where the behaviorof
therespondentand his
familymemberswas not goodtowards the
at that
petitionerand
time The mother in law and sister in law had also
taken diamond
goldand silver ornaments of Rs1770000 from
thepetitioner
as

well cash amount of

as
Rs350000 which was with the
as
her Istridhan givenby the
parents and
relative at the time of the marriageLater
on took
the respondent
the petitioner to his
three sisters theyare

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 and humiliatedand torturingthe petitionerbecausethe

sister of The respondent

came after leave the Hostel

That the parents of The petitioner has

spent an amount of around

Rs4550000 an of the
the marriage
petitioner
which includes Tata AryaCar and ornaments of golddiamond
and
silver etc worth of Rs1770000 and Rs350000 cash
at the
time of the marriagewhich makes was given in dowry

other items of the household

bythe parents of the
petitionerThe
parents of the petitioner had givena sufficient dowryTo the

petitioner in the marriage

of the petitionerto
the respondent
The list of the dowryarticles are attached herewithas Annexure

P1 but the and his family

respondent members
were not satisfied
with the said dowry
That on of The
2642014 after the marriage
petitionerwith the
respondentThe petitionersaw the wrong
messageon the another
female on respondentand phone was
broken The
beatenbadly
was
by the respondent and
givena merciless beating

also taken her video and photogiving

objectionable The
threat that
if you will tell any you will be beatenlike
this photoand video

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 of the petitioner will be uploadedon
the media Inter net and

your career
destroy and life by these video
to the society
on week went to with Gaurav
the Inter Net After one
Banglore
the sister in laws

That the petitionerseveral times requestedto the

and
his membersthat her parents are
family not in a positionto fulfill
the said demandBut in vain and behave of the
respondent
remained the some Further the respondent
started
to come in

late nightsregularlyin drunkencondition and beat To

the petitionerand also her to do

evenunnatural
sex with him and her forced her To drink
forcibly
wine and do sex all the nightsnon stop the respondentand in
by
This way the life of the petitionerhas been made
totallya hell and

ruined The respondenthad givenher phonenumber to

his friend

who call her and abuse her When the

regularly
petitioner
requested not to do such illegaland illicit action with her she
was

givena merciless beating

to the petitioner and
the petitioner

several times requestedto the and his family

respondent members

to their cruel behaviorbut the respondent

and
his family
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l

members were adamant on the allegedillegaldemand

That the
mother in law of the petitioneralways
used the
filthy and

caughtthe hairs of the petitioner forciblyand

pushed the
petitioner on the floor cw beatenthe
lione in u
iiieiciiess

manner and quarreledwith the petitionerand threatenedwith

dire
consequencesif you not to fulfill the said demandthen will
yap be
tortured and harassedbythem and The respondent
and
members his
did not providethe food in time To the petitioner
and
take the whole domesticwork from the petitioner
as a maid and
three sisters in law of the petitioner
are and they
always to the petitionerand
used the filthy to

the petitioner and quarreledwith the

petitioner on some petty
matters and sayingthat KI TUNE HAMARE BHAI
KI
JINDGI
KHARAB KAR DI HAI NA TO TERE BAAP
NAI BAHUT DAHEJ
DIVA HAI MERE BHAI KE LIVE RICH FAMILY
KE RISTE AAYA
THE TUJHE KAR SHADDI KARI
IKLOTISAMAJ
THI KI BAHUT

DAHEJMILEGA that
the dreams of the my brother has been

totallyspoiled by you That before the said

marriage
the
petitioner was unmarried but the respondent
was the divorcee 4

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 tee

shikha The
from his previouswife namely
copy of the divorce is J

enclosed herewith as Annexure P2 That the behavior

of the

respondentand his familymembers was

not good towards the
previouswife of the respondentand due to that
reason The
previous wife has Takenthe divorce from the respondentAfter

taking divorcefrom the previouswife of the

respondent
the

againgot remarried with the petitionerand the life of

respondent

the petitionerhas been totallyruined by the respondentand

his
familymembers That after the marriagethe
petitioner found
that the respondentis chain Smoker bad habits and
takingalchol
dailyand person and a
having illicit relation with some

other ladyand in this regardthe petitionerraised the objection

said to the petitionerif
Thenthe respondentclearly
you interfere
in this matter then the respondentwill kill the
petitioneror to

send back your parents house and the respondentdailymade

a

call to another women whole nightand

used the

the filthy and alwaysbeaten the

petitioner and
demanded
the amount of Rs7000000 for
the flat in

Indra and also Threatened

NagarBanglore if
you will not fulfill 1

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 the respondent
and his membersfor
family save the matrimonial
life That the father in law of also tortured
to the

the respondentand
petitioner through instance of the

father in law of the petitionerThe respondentbeatenher

and

demanded the more dowry items as

well as amount of

Rs7000000 For purchaseof a flat in Indira Nagar

back at and
Banglore the mother of The petitioner
came at

where the respondentand his familymembers

insulted
the mother of the petitionerand used the filthy upon
the
motherof the petitionerand in the presence of The
mother
of the

brutlybeaten the petitioner and

petitioner the respondent
the
mother of the petitionersaved the life from the clutches
of the

not
to do make the illegaldemand and lived in
a

peaceful manner but The of the respondent

and
his

familymembers
hasgone
That the petitioner
bad to
made a
worse
call to ther
against he petitionera nd 1
come
lii
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 I

her
his family
parents
petitioner
petitionermembersthen
Faridabad
totook
after and
the the mother
reconciliation
when
petitioner
the but
mother
attheofpetitioner
the petitioner
the was in law
residing
brought
wthe
ith
of
44
some time The

and his family

respondent memberskeepbut after
seven
daysthe
respondentand his familymemberswere
agai cruel towards the

petitionerand theydemandedthe dowryitems as

well as cash

amount of Rs7000000 That the petitionerrequestedto

the
respondentand his membersthat
family her parents
are not in a

positionto fulfill the said demandand the father of the

petitioner
is a retired person Thenthe respondentbeaten
in a
mercilessmanner

That that the petitioneralso found that the three

sisters in laws
take the
always wine and used the ciggeratedailyand
to do the

work and the Nanandnamely

illegal Varsha is
a
doingthe
work and news paper cuttingand photos
to
are attached herewithas
Annexure P3

That the respondentmade a threat to

the petitioner if you

disclosedthe bad habitsof the respondent

then
the respondent 5 ill

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 will the photoson
upload the net then
your life and carrier would
be totallyspoiledand the reputationof
your parents in the

societywould be defarned Thatthe petitioner is

afraid of the

respondentand his familymembers keepclam onlyto save her

life and the reputationof her parents in
matrimonial
the society
That the respondent
and his members
family are very greedy
type
persons and taunting
always to the petitionerwithout
any reason
or
rhymeand quarreled with some petty matters
with the

petitioner and the life of the petitionerhasbeen

totallyruined
10That on 332015 the respondentcame
in a late nightin heavy
drunkenand the petitionerin
a merciless manner and the
mobile phone has also been broken by the
respondentand
is attached herewith
of the mobile phone
as Annexure
P4 and goldjewellerieshas beensnatched
by the sisters in law

of the petitioner and threatenedto the

petitioner with dire
consequences

That when the petitioner was

staying in the matrimonial
home wheneverthe petitionercame
from to Faridabad
on
flightand all the flightexpenses paidbythe parents of the
petitioner The air ticket is enclosed herewith
as
AnnexureP5
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 except one time the respondent
paid the flight ticket when the
mother of the respondenttook the petitionerfrom her
parents
house That the respondentand his familymembers nevergiven
any singleamount to the petitioner for her livelihoodand the
petitioner used her gz
own
12 ATM Card from the pocketof her
That since 532015 the petitioneris in her
residing
parents
houseon the mercy of her parents

13That the car which was givenbythe parents of the

petitionerto
the has been totally
respondent by the and
respondent
the respondent
and his familymembers returned back
the said car
to the father of the petitionerdue to the
Insurance
premiumamount and the father of the petitionerspent
on
huge
amount
A

for of the
repairing car return back the said

Car the respondenttake the signatureof the fathergofthe

petitioner on 1742015 by the respondent
the receipt
copy is
A

enclosedherewithas Annexure P6

14That due to the illegalact and conduct of the

and his
respondent
familymembers the petitioner had moved
on to the
SHO PS NITFaridabad on with dairyNo175 SPII
as well as of policeof Police Sector21C Faridabad
Commissioner
on dated 19122015and women Cell Faridabadvide diaryNo3C
dated 1212016 and also made a
Email dated 19122015to the
commissioner of Police 5ector21C Faridabadand also
written
complaint
to the Commissioner
of policeSector21C Faridabad
on i
2212016 and the said application
has been forwarded
to ACP
Women Cell Faridabadand also made the
to DCP
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 and Commissioner
of Police for takingthelegal
action the respondentand his familymembers but
no 1
result fruitful pi
came out The copy of the are
attached
herewith as Annexure P7 to II

15That after a
longprocess at last FIR has been registeredagainst

the in women police station Faridabad sector16

bearing
FIR dated 122016 under section 323376498A

IPC in this regard which may be read and treated

as a
part and
parcel of this A copy of this FIR is
enclosed
herewithas Annexure P IL

16That the petitionerhad also filed

an under
application section12

of protection of women from DomesticViolence act

againstthe
and his family
respondent memberswhich is before the

Honble Faridabad the

IlaqaMagistrate contents
of which maybe

read as part and parcel of this present petition The V

copy of
application
with all documents
as AnnexureP
I3

17 That the petitioner has no

source of incometo maintain
herself while the respondentis Software Engineer
in
Brocadeand

servingin Banglore
Brocade World Tech Center Amber Bilding

Karnatakaand is
earning
Rs200000

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 per month as per news paperHindi DainikJagran
publication dated

1762012 and of income tax

return wef 4102013

verification is attached herewithas

Pvl1 but he

refused to pay any maintenanceamount to the petitioner and

the residential propertieswhich is situated

apartfromhaving
in

Banarasand also gettingthe rental incomefrom other

sources

The petitioner is entitled to get the maintenance

amount of

month from the respondent

He also givethreat
Rs100000per
that he is a soft ware and if any actions is
Engineer taken against
him he will runawayabroad That the petitioner is
the
preparing
entrance exam of MCI Medical Council of Indiawhich is to be

held in futureFor the said exam the petitioner is

requireda
girl hostelPG near her coaching
Institute at
New Delhi which
is necessaryfor the petitioners brightcareer

18 That many convened

in unitingthe
matrimonialrelations betweenthe both the parties firstlyon
17122015 and finally the respondentrefusedto
keepthe
petitioner on
3 Ol1l6 but no fruitful result
came outthe
refusedto acceptthe request of the
respondent
petitionerhence

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 the said date is the final date of cause of action accrued in favour

of the Hencethis petition

deponent

19That the within the jurisdictionof

was solemnized
marriage this

Honble court hence this Honble court has got jurisdictionto

entertain and try the present petition

20 That the requisitecourt fee has been paidon

the petition

PrayerIt that the petitionof the

may kindly
be and the respondent
maybe directed
accepted topay
Rs100000to the petitioner and Rs55000 as

expenses to the petitioners

Any other relief which this Honble court

may deems fit and
proper be grantedto the petitioner

Petitioner

Through
Counsel
1 Prasad
Associates
Faridabad

that the contents of the above petition

are
true and correct to the best of my and belief Verified

at Faridabad on

Petitioner

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 IN THE COURT or SMTRANJANA AGGARWALDISTRICT JUDGE
FAMILY COURT FARIDABAD in145 31

ShramisthaRajSinghagedabout 28 years Wife of Shri

Anand alias GauravAnand Gaurav
Resident SinghdaughterofDrBalram
of House No526C Sector21BFaridabad

PETITIONER
VERSUS

GauravAnand alias GauravAnand SinghSon of Shri

alias Anand KumarPermanent Resident Anand Singh
near of C3352A
Current Institute Uttar Pradesh221010
Banaras
IInd Address HNo401 Chinnu Paradisenear
Appartment
of 1
outer RingRoad DoddenaKundiBanglore l
1
l

RESPONDENT

PETITION UNDER SECTION125 OF CRPC FOR

ALLOWANCEor MONTH MAINTENANCE

APPLICATIONFORINTERIM MAINTENANCE

The petitionermost submits

respectfully 4
as
under v

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 i vi
aliiilii

That the petitionerhas filed the abovenoted

petitionbefore

this Honble court contents of whichmaybe read

as
part and
parcel of this application

That after the the petitioner lived

with the

respondentin the matrimonial home at near

Current Institute Uttar

the marriage
was consummated and
out of the said wedlock

of the partiesno issuewas born out The petitioner

in

Banarasafter the marriage

about
one the
weekend
and his family
behaviorof the respondent was
not

goodtowards the petitionerand at that time

the motherin

law and sister in law had also takendiqvmnd

A

and silvei
ornaments of
gald
Rs1770000 from the petitioneraswell
as
gigi
ciiilgl7i r
cash amount of which gull
Rs350000
was with the
as her Istridhangivenby the
parents
and relative at the time of the marriageLater
on the
respondenttook the petitioner to Banglore his

three sisters they are and

humiliatedand

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gin
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l
 torturingthe petitioner because the sister
of the

respondentcame after leavethe Hostel

That the parents of the petitioner has

spent an amount of
around Rs4550000 an
the of the
marriage
petitioner which includes Tata Arya Car and
ornaments of

gold diamond and silver etc worth of Rs1770000 and

Rs350000 cash at the time of the which

marriage
makes
was
givenin dowry other items of the by
the parents of the petitionerThe
parents of the petitioner
had givena sufficient dowryto the petitioner in the
of the
petitionerto the respondentThe list of the

dowry
articles are attached herewith
as Annexure P1 but
the respondentand his familymemberswere not satisfied

with the said dowry

iiq i

That on 2642014 after the marriage

of the
petitionerwith
the respondentThe petitionersaw
the wrong messageon
the another female on
respondentand phone was beaten

badlybroken The petitionerwas

givena merciless beating
by the respondent and also taken her
video iV

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 and
be
will
anduploaded
That be in
the
photolaws
beaten like
giving
by on one week
media
this
petitioner several
these and
to times
video
photo
went ifvideo
you
andsociety
willthe
Banglore
net
to any
Gaurav
tellpetitioner
body you
will
sister
Net life After the
the Inter
threat that the of with
onthe the
destroy
requested to the
and his family
respondent membersthat her parents
are
not
in a positionto fulfill the said illegal
demandBut in
vain and

behave of the respondentremained the

same Further the
l

respondentstarted to come in late nightsre

drunkenconditionand beat to
the petitioner

and also her to do

even unnaturalsex with
him and forciblyintoxicatedher forced her
to drink wine

and do sex all the nightsnon stopbythe

this respondentand
way the
in
life of the petitionerhas been madetotallya

hell and ruined The respondent

had givenher
phonenumber
to his and abuse
friend whocall her regularly
the
petitionerrequestednot to do such illegal
and illicit
it H
action fll i j 2V
l

tili
1
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 with her she was givena mercilessbeating
to the petitioner

and the petitioner several times requested the

to
respondentand his familymembers to

behavior but the respondentand his family were

adamanton the illegaldemand That

alleged the mother
in

law of the petitioneralways

used the filthy and

caughtthe hairs of the forciblyand pushedthe

petitioneron the floor and beaten the petitioner in

a

merciless manner and quarreledwith the and

with
dire consequences
if you not to the
said demand
then you will be tortured is
and harassedbythem

and the and his family

respondent did
members not
provide
the food in time to the petitioner and take the
whole
5
domesticwork from the petitioneras a maid and three
sisters in law of the petitioner are
unmarried and they
alwaystauntingto the petitionerand used the
filthy
to the petitionerand quarreledwith the
petitioner V

on some
petty matters and saying
that KI

BHAI KI KHARAB KAR or

illlllllllllllllii
JINDGI HAI NA TO TERE BAA

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 NAI BAHUT DAHEJ DIVA HAI MERE BHAI KE LIYE RICH

FAMILY KE RISTE AAYA THE TUJHE IKLOTI SAMAJ

KAR SHADDI KARI THI KIBAHUT DAHEJ MILEGA that

the dreams of the my brother has been totallyspoiledby

you That before the said marriagethe petitioner was

unmarried but the respondentwas the divorcee from his

shikha The copy of the divorce is

previouswife namely

enclosed herewithas Annexure P2 That of

the
the respondentand his familymembers
notgood
towards the previouswife of the anddue to that
respondent

reason the previouswife has taken the divorce from the

the divorce from the previouswife

respondentAfter taking

of the respondent againgot remarried with

the respondent

the petitionerand the life of the petitioner been totally

ruined and his family

by the respondent members

the the petitionerfound that the

marriage is

chain Smoker bad habits and takingalchol dailyand

person and a illicit relation

having with
some

other ladyand in this regard the petitioner raised

the z i C

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 objection clearlysaid
then the respondent to
the petitioner

if you interfere in this matter then the respondentwill

kill

the petitioneror to send back your parents house and

the

dailymade a
respondent call to another
women

whole nightand the respondent

usedthe filthy and
l
i
alwaysbeaten the petitionerand demandedthe lib1l i
l of

Rs7000000 for the flat in

Indra Nagar
and also threatenedif
Banglore you will
not fulfill the said
demand then you will be harassedand tortured
by the
respondent That the petitionertolerated the unhuman

and his family

behaviorof the respondent members
for save

the life That the father in law of the

petitioner
I
i
also tortured to the petitioner the and N lit

on
the instance of the father in lawof the petitionerthe

respondentbeatenher and demanded

the
more items
dowry
as well as amount of Rs7000000 For purchase
of
a
flat
in Indira Nagar

That the petitioner made a

call to her mother to

come back at and the mother of the petitioner

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51

came where the

at respondentand his family

membersinsulted the mother of the petitionerand used the

filthy upon the mother of the petitionerand in the

presence of the mother of the petitioner the respondent

brutly beaten the petitioner and the mother of the

petitioner saved the life from the clutches of the lli

That the mother of the petitioner

respondent
ill j
y
not to do make the
the respondent illegaldemand in

a
peacefulmanner but the behavior of the respondent
and
his familymembers has gone bad to
worse
againstthe
petitionerand his familymembersthen the mother of the

the petitionerto Faridabadand whenthe

petitionerbrought

petitioner was
residingwith her parents after the

reconciliation the mother in law of petitioner took the

petitioner
at A

Banglore
but some time the responde

familymemberskeepbut after seven daysthe respondent

and his familymembers were agai cruel towards the

petitionerand theydemandedthe dowryitems as well as

cash amount of Rs7000000 That the petitioner

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4

That
and
requested
person
her the then
parents
that tothe
the the
are
father theinpetitioner
petitioner a also
respondent
not
of andistohis
beaten
found
position in
thata merciless
family
a fulfill said
the themembers
demand
manner in
retired
that
3
laws alwaystake the wine and used the ciggeratedailyand

to do the illegalwork and the Nanand namely

Varsha is
a

doingthe work and news

paper cutting
and photos to are
attached herewithas

Annexure P3

That the respondentmade a threat to the if

you
disclosed the bad habits of the respondent
the
respondentwill it
uploadthe photos on the net life

and carrier would be totallyspoiledand the

reputationof
your parents in the societywould be defamed That the

petitioner is afraid of the respondentand his family

members keepclamonlyto save her matrimoniallife
and the

reputationof her parents in the society

i iii

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 9 That the respondent
and his familymembers are very greedy

type persons and always to the petitionerwithout

taunting

any reason or and quarreledwith

rhyme some petty matters

with the petitioner and the life of the petitionerhas been

totallyruined is

10That on 332015 the respondent

came in a late night in

heavydrunken and beaten the petitioner in a

merciless

manner and the mobile phonehas also been broken by the

respondentand is attached
of the mobile phone

herewith as Annexure P4 and goldjewelleries has been

snatched by the sisters in law of the petitioner and

threatened to the petitionerwith dire consequences l W

11 That when the petitioner was
staying in the
matrimonial home whenever the petitionercame from

to Faridabad on flightand all

Banglore the flightexpenses
paid by the parents of the petitioner The air ticket is

enclosed herewithas Annexure P5 except one

time the
respondentpaidthe flightticket when the mother of the
took
respondent the petitionerfrom her parents house That

the and
respondent his familymembers never givenany
singleamount to the petitionerfor her and the
Ii
riW
ti

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 petitioner used her own ATM Card from the pocket of her

parents
12 That since 532015 the petitioneris her

parents houseon the mercyof her parents

13That the car which was givenby the

parents of the
has been totally
petitioner to the respondent by
the respondent
and the respondent
and his familymembers
returned back the said car to the father of the petitioner
due to the Insurance premiumamount
and the
father of the petitionerspent an hugeamount for repairing
of the car return back the said
Car the
respondent take the signatureof the father of the
petitioner jgg
on 1742015
by the respondentthe receiptcopy is
enclosedherewithas Annexure P6

14That due to the illegalact and conduct of the

respondent
and his familymembers the petitioner had moved on
to the SHO P5 NITFaridabadon
application
17122015
with dairyNo175 SPII as well as
Commissioner
of policeof
Police Sector21C Faridabadon
dated and women
Cell Faridabadvide diaryNo3C dated 1212016and
also
made a Email dated 19122015to the commissioner
of
Police
Sector21C Faridabadand also written complaint
to the
Commissioner
of policeSector21C Faridabad
on
2212016
and the said has been forwardedto
ACP Women
Cell Faridabadand also madethe to
DCP
and of Police the
for taking
KANCHAN
2017.07.06 11:50
legal
TRUE SCANNED COPY OF
ORIGINAL
Chandigarh
 action the respondentand his family
members
result but nofruitful
came out The copy of the applicationare
herewith attached
as
Annexure P7 to H
15That after a longprocess at last FIR has
been registered
in
againstthe respondent women policestation
Faridabad
sector16 FIR NoO011dated122016 under
section
323376498AIPC in this regard which
may be read and
treated as a part and parcel of this
A

copy of this FIR is enclosedherewith

as
AnnexureP
ll
16That the petitioner had also filed
an
applicationunder
section12 of protection of women from Domestic
Violence
act againstthe respondentand his members
family
which is
before the HonbleIlaqaMagistrate
pending Faridabad
the
contents of which may be read as
part and parcel of this
present petition The copy of applicationwith
all documents
as Annexure P13

17 That the petitioner has

no source to
of
maintainherself while the respondentis
Software
in Brocadeand servingin Brocade
World Tech
Center Amber
and

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Chandigarh
 6

is earningRs200000 per month as

per publicationnews

paper Hindi Dainik Jagran

dated 1762012 and of

incometax return wef 4102013 verification is attached

herewithas Annexure Pr llt but he refused to

pay any
maintenanceamount to the petitionerand apartfromhaving

the residential propertieswhich is situated in Banarasand

also gettingthe rental incomefrom other sources

The

petitioner is entitled to get the maintenance

amount
of

monthfrom
Rs100000per the respondentHe also give

threat that he is a soft ware and if

Engineer any actions is

taken againsthim he will runaway abroad That the

petitioner is preparingthe entrance exam of MCI

Medical Council of India which is to be held in futureFor

the said exam the petitioner is required

a
girl hostelPG
near New Delhi which is
her coachingInstitute at

necessaryfor the petitionersbrightcareer

gr

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 Prayer

It that the respondentmay kindlybe

directed to pay Rs100000to the petitioner

as interim
maintenanceamount in the interest of justice

DT Petitioner

Through
Counsel

BirendraPrasad SinghKrJitender Singh

PKJain and DRDhara Advocates

l
9
ll
ft
lsL3lll

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Chandigarh
 F43
3 I
iiF COURT or SMT RANJANA AGGARWL DlSTRlCTJUDGE FAMILY
L iRT FARIDABAD
O QJ
D
in PetitionNo 7720 I 6
the matter ol
8
W
Shramistha
RajSingh Versus Gaurav
Anand alias GauravAnand

PetitignUs 125 CrPc

Replytg QetigignUgs125 rPc

Showeth

Objections

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Chandigarh
 was removed The respondentwas grantedanticipatory
ball by the court at

iridabad The petitionerled a cancellation of bail before the HonbleHigh

Court of Punjabamp
Haryanawhich was dismissed bythe Honble HighCourt of

Punjabamp
Haryanaat Chandigarh who had left her matrimonial
The petitioner

home and is able to earn anythingis not entitled to claim the maintenance

3 That the petitioneris falselypleadingbefore this Honble Court that she is not

earninganything The photographsof the house of the petitioner are

enclosed herewith where the petitionerhas affixed a sianboard in her name

showingherself a doctor and runninga clinic at her residence

4 That the petitionerhas not come before this Honble Court with clean hands

and itas concealed the material facts

5 That the petitioneris havinga residential house which she has received from

her father

Brief facts of the case

a That the marriageof the respondentwas solemnized with the

complainanton 23042014 The marriagewas

throughNews paper add givenby the father of the respondent

in Times of India on 19052013 It was duly publishedin the

Newspaperthat the bride was required for remarriageof

respondentand dowry as well as caste was not required

ShBalram approached the

Chaudhary father of the respondent

throughphone and send the biodata of her only daughter

Shramistha RajSinghand projectedthat she is MBBS
A

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Chandigarh
 D

lt1That
sleep
came
next
after
in
That
the
to
300414
ofthe
Thatthe the
since
permitted
respondent
complainant
parental
complainant
examscourse
lifelobby
mental
house few
the
23 ofon
with toThereafter
torespondent
respondent
the and
Bangalore
days
complainant
stay
as
was
house
her
years250414
from in
oof
well
The only
fully
the
mother
Theand
with his
marriage Thereafter
complainant
daughter
f day respondentpaid
Bangalore
physicalcruelty
respondent
as alongwith
onecomplainant
stayed
under
the
for
wiithout
nof
in
hell
the
56
atthe
wifehe
law
nd
the
andthere
respondent
andShramistha
days
night
marriage
motherby
started
the
of the
thewe
the
and
influence tothe
the
in the
respondent
started
asfor
not we
consent
to plan
left
reside
the
of
law
l0 reached
and
for
onlineof parents
respondentinstructed
respondenther
respondent
respondent
at
the She
any
RajSinghstayed
days
complainant
toforreside
the
used
fee issue
Bangalore
was
eveninforparental
respondent
rental
with
to
used flat
subjected
andjust
was sleep
the
on
made
not
the
without
FMGE
Theto
in
for

the respondentleft
informing with her mother for Faridabadand

when the respondentasked why she has left without the consent

of the respondent then her mother told over phone that my

daughteris not required
to take any kind of permissionfrom you

while visitingher house The respondenttold her mother in law

that he is not restraining

her to visit your house but she should

have informed the respondent At this the complainantand her

mothermade a greatissue and harass the respondent

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69
ORIGINAL
Chandigarh
 6

fl

nl That
quarrelled
respondent
allegation
petitioner has
petitioner in
complainant
complainant
prostitution
respondentthe
respondent
petition
again
respondent false
false
respondent FIR
against
lodged FIR
tried
false
the the
habitual
always 376
MBBS
acomplainant
petition
against
staying in
to the
leave
allegations
busy is
tofalse
police rape
left
respondentpersons
matrimonial
respondent
telephone
keep forced
his
petitioner
a complaint
petitionerlodged
family
on
to
Act
to
That
with
That
house
talk
him
the
the
the
whenever
That keeping
the
time
withdraw
5315
but with
and
of
with
the
members
The lodged
and
thenow
used
her
the tofamily
whowas
After
the
has
viewwas
remain
and
has
while
the
filed
members
the
herself
done histo or
present
sister
make
intended
us the onthe finally
her
9
unknown
IPC
us the understand
ofoher
fHindu
the
found
house Marriage
and
etc
that
and
herofhome
used
and
and
The
she
the
the
workingladyis
concealingher income from this Honble Court The petitioner

has concealed she is a clinic from her

that The

petitioner is havinga house No526 situated in Sector2lA

Faridabad This house is owned her father She

by her through is

Balram
alsomaintainingher car After the death of Dr

Choudhary
who earned a lot duringhis life time has
left the

propertiesfor the petitionera

following House No526C Sector
2lA Faridabad area 500
admeasuring sq yard The house is a

double storeyhouse in which the petitioneris runningher clinic

lb FDR of lacs of rupees which are in the name of her father

as
KANCHAN
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Chandigarh
 well as herself The coownershipof 50 bighaland at Basti UP
She is gettingan amount of per annum from the
RsS00000
agricultural
land

Replyparawise

i That the contents of para Nol are matter of record

2 That the contents of para No2 are wrong and strictlydenied it is denied that

after the marriage lived with the respondentin

the petitioner the matrimonial

home at Chittupurnear current coachinglnstitute Banaras Uttar Pradesh

where the marriagewas consummated and out of the said wedlock of the

partiesno issue was born out It is also denied that the petitionerstayedin
Banares after the marriageabout one week and where the behavior of the

respondent
and hisfamily
members was not goodtowards the petitionerand
at that time the mother in law and sister in law had also taken

and s1lver
ornamentsofRs from the petitioner as well as cash

amount as her lstridhan given

petitioner
ofRs 350000 which was with the

by the parents and relative at the time of the marriage later on the

tookthe petitionerto Bangalorealongwith his three sisters they

respondent
are and humiliated and torturing
the petitionerbecausethe sister of
harassing
the respondentcame after leave the Hostel

3 That the contents of para No3 are denied it is denied

wrong and strictly that

the parentsof the petitionerhas spent an amount of around Rs4550000

approx on the marriageof the petitionerwhich in
includes Tata AryaCar and

ornaments of gold diamond and silver etc worth of Rsl770000 and Rs

350000 cash at the time of the marriage
which makes was givenin dowry a

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Chandigarh
 aongwith other items of the household by the parents of the petitionerthe

parents of the petition had givena sufficient dowryto the petitionerin the

of
marriage the petitionerto the respondent it is also denied that the list of

the dowryarticles are attached herewith as Annexure Pi but the respondent

and his familymembers were not satised with the said dowry

That the contents of para No 4 are denied it is denied that

wrong and strictly

on 2642014 after the marriageof the petitionerwith the respondent it is

also denied that the petitionersaw the wrong messageson the another

female on respondent on phone and was beaten badly broken it is also

denied that the petitionerwas givena merciless beatingby the respondent

and and also taken her objectionable

video and photo givingthe threatthat if

you will tell you will be beaten like this photo and video of the
petitionerwill be uploadedon the medialnternetand destroyyour career

and life byshowingthese video to the societyon the internet it is also denied

that after one week went to Bangalore

with Gaurav the sister in law

That the contents of para No5 are wrong and strictlydenied it is deniedthat

the petitioner several times requested to the respondent and his family

members that her parents are not in a position to fulll the said illegal
demand it is also denied that but in vain and behave of the respondent
remained the same it is also denied that further the respondentstarted to

come to late nightsregularly

in drunken condition and beat to the
mercilessly
petitionerand also forced compelledherforced her to drink wine and do

sex all the nightsnonstop by the respondentand in this way the life of the

petitionerhas been made totallya hell and ruined it is also denied that the

respondenthad givenher phonenumber to his friend who call her regularly

and abuse her it is also denied that when the petitionerrequestednot to do
such illegaland illicit action with her she was givena merciless beatingto the

KANCHAN and the petitioner

petitioner several times requestedto the respondent and
2017.07.06 11:50
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Chandigarh
 his familymembers to change their behavior but the respondent
andhis
familymembers were on the allegedillegaldemand it is also denied

that the mother in law of the petitioneralwaysused the filtjhylanguageand

caught the hairs of the petitionerforciblyand pushed the petitioneron the

floor and beaten the petition in a merciless manner and quarreledwith the

petitioner
and threatened with direconsequencesif you not to fulfill the said

demand then you will be tortured and harassed by them and the respondent

and his familymembers did not providethe in time to petitioner

food the and

take the whole domestic work from the petitioneras a maid and three sisters
in law of the petitioner areunmarried and they alwaystauntingto the

to the petitionerand quarreledwith

petitionerand used the filthylanguage

the petitioneron some pettymatters and sayingthat kitune hamare bhai Ki

jindgikharab kar di hai na to tere Baapnai bahut dahejdiyahai mere bhai ke

liye rich familyke riste aaye the hugheik ioti samajkar shaddi kari thi ki bhut

dahejmilaga that the dreams of my brother totallyspoiledbyyou

it is also denied that before the said marriagethe petitionerwas unmarried
but the respondent was the from his previous wife
namely
Shikha it is also denied that his behavior of the respondentand his family

members was not good towards the previouswife of the respondentand due

to that reason the previouswife has taken the divorce from the respondent it

is denied that after taking the divorce from the previouswife of

the

respondentthe respondent
againgot remarried with the petitionerand the
life of the petitionerhas been totallyruined by the respondentand his family

members it is also denied that after the marriage

the petitionerfound that

the respondentis chain smoker bad habits and takingalcohol dailyand

womanizing
person and havingan illicit relation with some other ladyand in

this raised the objection

regardthe petitioner said
then the respondentclearly

to the if you interfere in

petitioner this matter
then the respondentwill kill
the
petitioneror to send back parentshouse and the respondentdailymade
KANCHAN
your
2017.07.06 11:50
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ORIGINAL
Chandigarh
 rlenied that the petitionerrequested to the respondent and his family

members that her parents are not in a positionto fulfill the said demand and

the father of the petitioneris a and retired person

handicapped then the
beaten in a
respondent merciless manner

7 That the contentsof para No7 are wrong and strictly

denied it is
denied that
the petitioner also found that the three sisters in laws alwaystake
the wine
and used the cigarettesdailyand to do the illegalwork and the Nan and

namelyVarsha is a doingthe modelingwork and modelingnews

paper
cuttingphotospertaining
to modeling are attached with
as
Annexure3

8 That the contents of para No8 are

denied it is denied that
wrong and strictly
the respondentmade a threat to the petitionerif
you disclosedthe bad habits
of the respondentthen the respondentwill uploadthe
photoson the net
then your life and career would betotally the
reputationof your
parents in the would be defamed it is also denied that the petitioner
is afraid of the respondentand is family
members keepcalm
only to save her

matrimonial life and the reputationof her parents in the society

9 That the contents of para No9 are wrong and strictly

denied it is
denied that
the respondentand is familymembers are
very greedytype persons and
alwaystauntingto the petitionerwithout any reasonor
rhymeand
with some petty matter with the petitionerand the life of the petitioner
has

been totallyruined

iOThat
the contents of para No10 are
wrong and strictlydenied it is denied

that on 332015 the respondentcame in a

late nightin heavydrunken and
beaten the petitionerin a merciless manner
and the mobile phone has also
been broken by the respondentand photo snap of the
mobile is attached
herewith as Annexure P4 and gold jewellerieshas been
snatched by the

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Chandigarh
 sisters in law of the petitioner and threatened
to the petitioner with dire

That the contents of para Nol l

are wrong and strictlydenied it is denied
that when the petitionerwas
stayingin the home wheneverthe
petitionercame from Bangalore
to
Faridabadon flight and all the
ight
expenses paid by the parents of the petitioner it
is also denied that the air
ticket is enclosed herewith as AnnexureP5
except one time the respondent
paid the flightticket when the mother
of the respondenttook the petitioner A

from her parents house it is also denied that

the respondentand his
family
members never givenany singleamount
to the petitionerfor her livelihood
and the petitionerused her own
ATM card from the pocket of her

l2That the contents of para No12 are

wrong and strictlydenied it is denied
that since 532015 the petitioner is
residing
in her parents house on
the
mercyof her parents

l3That the contents of para No l3

are denied it is denied
wrongand strictly

of the petitionerspent a huge amount for repairing

of the car it is also
denied that regardingreturn back the said car the respondent take the
of the fatherofthe petitioneron
signature i 74201 S by the respondent

l4ln replyto para No l 4 it is submittedthat

the petitioneris indulged
in leveling
false allegations The petitionerhas lodged the
false FiR against the
respondentand his family
members The police investigated
the matter and
KANCHAN
found the
2017.07.06 11:50that of rape are
allegations
TRUE SCANNED COPY OF
ORIGINAL
totallyfalse
Chandigarh
 5ln replyto para No l 5 it is submittedthat a false FlR has been
lodgedby the
petitionerjustto blackmail the respondentand his family
members

l6That the contents of para Nol6 are

wrong and strictly
denied it is denied
that the petitionerhad also led an application
under
Section12 of Protection
of women from DomesticViolenceAct againstthe respondentand
his family
members which is pendingbefore the Honble illaqaMagistrateFaridabad
the contents of which may be read as a
part and parcel of this present
application

l7That the contents of para No17 are

wrong and strictlydenied it is denied
that the petitionerhas no source of income to
maintain herself while the

respondent is Software Engineerin Brocade and servingin Bangalore

Brocader Xorld Tech Centre Amber Building Bangalore

Karnatakeand is earningRs 200000 per month

as per publicationnews
paper Hindi Dainik Jagrandatedi70620i2 and of income Tax
photocopy
return wef 04i020l3 verication is attached herewith as
Annexure Pl4
but he refused to pay any maintenanceamount to the and
apart
from which is situatedin Bangalore
the residentialproperties
having and
also
gettingthe rental income from other source it is also
denied that the
petitioneris entitled to get the maintenanceamount of Rs
lO0000 per
month from the respondentit is also denied that he also give that
he
is a software Engineerand if any action is taken againsthim he will run away
abroad it is also denied is preparing
the petitioner
that the
entrance exam of
MCI MedicalCouncil of lndia which is to be held in future it
denied is
that for is required
the petitioner hostelPG
also
thesaid exam
agirl near
her coachinginstitute at New Delhi which is
necessaryfor the petitioners
brightcareer it is submitted that the petitionerhas not
come this Honble
Court
KANCHAN
2017.07.06 11:50
with clean has concealed the material facts
TRUE SCANNED COPY OF The petitioner
ORIGINAL
Chandigarh
 has land and lacs of FDR from her
acquired a residential house agricultural

father and she is earninga lot Apart from that the petitioner is
doing
practice from her residential house The respondenthas alwaysplaced
on

record the photographsof the house which itself clarifythat the petitioneris

earningladyand the factum it

she has concealed
herearning is pertinent
to mention here that the companyin which the respondentis
workinghas
alreadysold out and this informationhas been displayed
on
Google Most
probablythe company is likelyto be closed and mightbe
jobless
it is submitted that the respondentis a SoftwareEngineerand
is gettingan
amount of approximateRs82000 per month after deductions Also the

respondenthas three unmarried sisterswho are in differentcolleges

studying
and are totally dependentupon the respondent as the
father of the
is a retired person and the mother is
respondent sick and old leavingthe
respondentto be the sole bread
A

earner and care taker of the family

l8That the contents of para No18 are

wrong and strictlydenied
that many panchayatwere convened in unitingthe matrimonial
relations
between both the partiesfirstly
on i7i220l5 and
nally the respondent
refused to keepthepetitioneron 3i0 l20l6 but
no fruitfulresult came out
the respondentrefused to accept the request of the petitionerhence
the said
date if nal dateof cause of action accrued in favour of the deponent

l9That the contents of para No i 9 are wrong and strictly

denied

20That the contents of para No20 are wrong and strictly

denied

Replyto prayerpara

Thatthe contents of prayerpara are

denied The petitioneris
wrong and strictly
not entitled for any relief claimed The petition of the petitioner deserves

dismissal it is
denied
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Chandigarh
 Replyto Prayer
Para

That the contents of prayer para are wrong and denied The
strictly
petitioners
are not entitled for any relief claimed The petitionof
the
deservedismissal
petitioners

It is prayedthat the petitionof

therefore the petitionersmay kindly
be

W
dismissedwith heavy
cost

Through
Co el

Gera Co
Deepak
Advocates
Verication

Veried thatthe contentsof the above replyare

true and correct to the
bestof my andbeliefand nothing
has been concealed
therein

W Respondent

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Chandigarh
 VAKALATNAMA
Q
I IN
ACWLF9
RE gsiJzea
lruxot gr PetitionerAppellant
LUD54 K I
Versus
M
Ql
KNOW ALL the whom these present shall come that lWe the undersigned
appoint

SIMRANJEETSINGH
Advocate
Room Number 21 New Bar Complex
PampH
HighCourt
House No 815Sector 16D Chandigarh
09876616815

To be the advocate for the O in the above mentioned case to do the

g
followingacts deeds and of
things any them ie to
o r is
say
1 To act appear and pleadin the above mentioned case in this court or any other court in which the
same may be tried or heard in the first instance or in Appealor in Letters Patent Appealor Review or
Revision or Execution or any other stage its progressunit until its final decision
2 To presentsignand verifypleadings Appeals Letters Patent Appeals Cross Objections
or petition
for execution review revision withdrawalcompromiseor other petitionsor affidavits or other
documents as shall be deemed necessary or advisablefor the prosecutionof the said case in all its
stages
3 To withdraw or compromise the said case or to submitto arbitrationany differences or disputes
that
or in any manner relating
shall arise touching to the case
4 To depositdraw and receive moneys as grantreceiptsthereof byway of costs refund or balance of
securityand other miscellaneous expensesfrom courts or parties and to do all other acts and things
which may be necessaryto be done for the progressand in the course of protectionof the said case
5 To employany other Legalpractitioner him to exercise to exercise the powers and
authorizing
authoritieshereby
conferred upon the advocatewhenever he maythink fit to do so

AND IWE herebyagree to ratifyand certifywhatever the advocate or his substitute will do in
the
AND IWE herebyagree not to hold the advocateor his substitute responsible
for the result of
the said case in consequence of his absence from the court when the case is called up for
or othenNise
hearing
AND IWE hereby agree that in event of the whole or any part of the fee agreed bymeusto be
paidto the advocate remaining unpaid he shall be entitled to withdraw from the prosecution
of
the said case until the same is not paidand if any cost are allowed for the adjournment
advocatewould be entitled for the same
AND lWE herebyagree that the advocate will not be bound to appear for us if the case is
transferredto any other court or the court sits at any other placeother than the normal place of
and if any application
sitting or retention is o be filed in the case the advocatewill be entitled to
a fresh fee in the case
IN WITNESS WHEREOF IWE here onto set myourhands to these presents the contents of
which have been explained
to and have been understoodbyme us

Thisthe dayof 0 I
0 l2o1lt
Witness

Accepted

L
A
V

SIMR JEETSINGH
Advocate
3 or thumb impressions
Signatures
Enrolment No P5872006 of the clients
09876616815
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Chandigarh
pm nJ14H