IN THE HON’BLE COURT OF LD. C.M.M.

, DISTRICT SAKET
COURT, DELHI
CC No. _____ Of 2018

IN THE MATTER OF:

NISHA …..COMPLAINANT/AGGRIEVED

VERSUS

INDER RAJ AND ORS. …RESPONDENTS

INDEX

S. Particulars Page No.

No.
1 Memo of Parties.
Application under section 12 read with sections 18 to 22 of the
2 Protection of Woman from Domestic Violence Act, 2005, along
with requisite affidavit.
Application under section 23 of the Protection of Woman from
3 Domestic Violence Act, 2005 for grant of interim relief and ex-
parte orders, along with requisite affidavit.
ANNEXURE A1
5
The copies of the photographs of the marriage.
ANNEXURE A2
6 The copy of the Death Certificate of complainant’s husband
,dated 16.11.2016
ANNEXURE A3
7
The copy of the compromise agreement
ANNEXURE A4
8
The copy of the complaint
ANNEXURE A5
9
The copy of the complaint dated 11.04.2015
ANNEXURE A6
10
The copy of complaint dated 28.12.2016 made by the complainant
ANNEXURE A7
11
The copy of complaint dated 06.01.17 made by the complainant
ANNEXURE A8.
12
The Copy of address / id proof of the aggrieved/complainant.
13 Vakalatnama.
 Complainant/Aggrieved Person
Place: New Delhi
Date:
Through

(Amit Kumar)

Advocate
Office Bearing No. 35 Khizrabad
New Friends Colony, New Delhi 25
Contact: +91 -9899480089
E-mail: adv.amitkr@rediffmail.com
 IN THE HON’BLE COURT OF LD. C.M.M., DISTRICT SAKET
COURT, DELHI
CC No. _____ Of 2018

IN THE MATTER OF:

NISHA …..COMPLAINANT/AGGRIEVED

VERSUS

INDER RAJ AND ORS. …RESPONDENTS

MEMO OF PARTIES

1. NISHA
W/O LATE SRI LALIT KUMAR
R/O HOUSE NO. 32A, 3RD FLOOR, MASIGARH
JAMIA NAGAR, NEW DELHI. ………...… Complainant / Aggrieved

VERSUS

1. INDER RAJ ( FATHER IN LAW )

SON OF LATE SRI MASI DAYAL
R/O HOUSE NO. 32A, GROUND FLOOR, MASIGAR, JAMIA
NAGAR, NEW DELHI ………………………………Respondent No.1

2. SATYAWATI (MOTHER IN LAW)

W/O SRI INDER RAJ,
R/O HOUSE NO. 32A, GROUND FLOOR, MASIGARH, JAMIA
NAGAR, NEW DELHI……………………………….Respondent No. 2

3. SUJEET KUMAR (BROTHER IN LAW) S/O SRI INDER RAJ, R/O

HOUSE NO. 32A, FIRT FLOOR, MASIGARH
JAMIA NAGAR, NEW DELHI………………………Respondent No.3

4. SUSHMA (SISTER IN LAW), W/O SUJEET KUMAR, R/O HOUSE

NO. 32A, FIRT FLOOR, MASIGARH ,JAMIA NAGAR, NEW
DELHI…………………………………………………Respondent No. 4

5. BRIJ MOHAN (BROTHER IN LAW) S/O SRI INDER RAJ, R/O

HOUSE NO. 32A, SECOND FLOOR, MASIGARH
JAMIA NAGAR, NEW DELHI……………………….Respondent No.5

6. VIJAY KUMAR (BROTHER IN LAW) S/O SRI INDER RAJ, R/O

HOUSE NO. 32A, FOURTH FLOOR, MASIGARH
 JAMIA NAGAR, NEW DELHI…………….… ……Respondent No. 6

Complainant/Aggrieved Person
Place: New Delhi
Date:
Through

(Amit Kumar)

Advocate
Office Bearing No. 35 Khizrabad
New Friends Colony, New Delhi 25
Contact: +91 -9899480089
E-mail: adv.amitkr@rediffmail.com
 IN THE HON’BLE COURT OF LD. C.M.M., DISTRICT SAKET
COURT, DELHI

CC No. _____ Of 2018

IN THE MATTER OF:

Smt. NISHA …Complainant / Aggrieved

Versus
Sri. INDER RAJ AND ORS. … Respondents

COMPLAINT BY, FOR AND ON BEHALF OF THE

COMPLAINANT / AGGRIEVED I.E. Smt. NISHA U/S 12 OF THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,
2005, AFFINED WITH PARYER TO GRANT THE RELEIF
SOUGHT FOR.

MOST RESPECTFULLY SHOWETH:-

1. That the complainant number 1 is a law abiding citizen and well

conversant with the facts circumstances of the case and competent to
depose in the above mentioned case. The complainant is working for a
private firm in Okhla, New Delhi and has a daughter with her late husband
Sri Lalit Kumar, about 7 years old.

2. That the respondent number 1 is the father in law of the complainant

number 1, the respondent number 2 is the mother in law of the
complainant number1. Respondent number 3, respondent number 4 and
respondent number 5 are brother in law of the complainant. Respondents
numbered 3, 4 and 5 are the real sons of respondents’ number 1 and 2.

3. That the complainant got married to the son of respondent number 1 and
respondent number 2, namely Late Sri. Lalit Kumar on 06.02.2006 and
thus shifted to her matrimonial home situated at H. No. 32 A, 3rd floor,
Masigarh, Jamia Nagar, New Delhi. The house consisted of two
roomswith attached bathrooms, kitchen, three separate rooms and a
common bathroom( Herein referred to as ‘suit property’). The suit
property had always been in possession of the complainant along with her
late husband since their wedlock.
4. That the complainant along with her husband was bearing all costs and
expenses for maintaining the suit property along with payment of
electricity bill, water supply etc. however few tenants were induced by the
husband in the suit property in respect of three separate rooms with
common bathroom whose monthly rent was collected by the late husband
of the complainant.

5. That the property bearing number House no. 32A, masigarh, jamia nagar,
NEW Delhi(‘said property’) is erected on the plot of land belonging to a
‘church’ and comprises of ground floor, first floor, second floor, third
floor and fourth floor. Respondent number 1 and 2 occupy the ground
floor, respondent number 3 occupies the first floor along with respondent
number 4. Respondent No. 5 occupies the 2nd floor and respondent number
6 occupies the fourth floor. The 3rd floor is supposed to be occupied by the
complainant.

6. That is Sri. Lalit kumar husband of the complainant got expired on

16.11.2016 out of sudden cardiac arrest at Escort Fortis hospital, leaving
behind the complainant and their daughter as their only heirs. The copy of
the Death Certificate dated 16.11.2016 is annexed herewith as annexure
A2.

7. That prior to Sri Lalit’s demise he was subjected to severe cruelty on

various occasions by all the respondents as the marriage between the
complainant/aggrieved was an inter-relegion marriage and was therefore
not acceptable to the respondent. The complainant/ aggrieved being a
muslim by birth converted to Hindu religion at the time of said wedlock.

8. That since the marriage the complainant was always subjected to

humiliation and abuses specially by respondent respondents number 1 and
2 and that the respondents number 1 and 2 had also hatched a conspiracy
to dispossess the complainant from the suit property. The respondents also
hurled abuses on regular basis and to the complaiant and often trespassed
the suit property. There have been many occasion wherein the respondents
in order to dispossess the complainant of the suit property blocked the
staircase leading to the suit property and created rukus in the peaceful
possession of the suit property by the complainant/aggrieved.
9. That hurling abuses at the complainant had become a routine act of the
respondents number 1 and 2. Owing to which it became very difficult for
the complainant to maintain the peaceful possession of the suit property.

10. That several complaints had been made in this regard by the complainant
and her husband during his lifetime and infact a compromise was also
signed between respondent number 2, respondent number 6 and the late
husband of the complainant before the police station of New Friend’s
colony, New Delhi, under which it was agreed that the complainant and
the respondents shall peacefully occupy their respective floors as
mentioned above without interference or any objection from each other.
However, the respondents in collusion to dispossess the complainant of
the suit property failed to execute the said compromise. The copy of the
compromise agreement is annexed herewith as annexure A3.

11. That the complainant along with her late husband was always subjected to
abuses and severe harassment by the respondents. Infact the respondents
number 1 and 2 passed lured comments on complainants religion. On the
protest by the complainant for the same she was beaten by respondents
number 1 and 2. Complaints dated 24.07.2014 and 29.07.2014 was in this
regard by the complainant her late husband and the respondents undertook
not to repeat the same acts again in future. The copy of the complaint is
annexed herewith as annexure A4.

12. That however, the respondents continued to behave in the same manner
and kept passing lured comments on complainant whenever she was at
home. A similar incident occurred on 11.04.2015 when respondent no. 5
and his wife objected over complainants daughter’s playing in the
common gallery. The respondent and his wife started hurling abuses at the
complainant and her late husband. Thus after threats by the respondent,
another complaint was made by the late husband of the complainant in the
P.S. New Friends Colony on 11.04.2015. The copy of the complaint is
annexed herewith as annexure A5.

13. That despite the complaints made by the complainant and her husband the
respondents did not mend their act and continued to behave in the same
 manner with the sole intention to dispossess the complainant from the suit
property. There have been several incedents when the complainant had
been subjected to severe atrocities in the hands of the respondents. The life
of complainants had become frustrated and their survival in the suit
property had became very miserable. Further, due to regular heated
arguments initiated by the respondents deliberately to dispossess the
complainant and her husband of the suit property, the health of the late
husband of the complainant deterioted.

14. That the complainant alone managed to seek the medical advice for her
late husband and none of the respondents came to rescue . infact, all the
medical expenses of the late husband of the complainant were solely borne
by the complainant. The source of income for the complainant remained
her meager salary, her saving and the rent received from the three separate
rooms available at the suit property.

15. That the respondents even after being fully aware of the deterioting health
of complainants late husband, continued to behave in the same manner.
The respondents number 1 and 2 even filed a false complaint against the
complainant and her late husband in the P.S. New Friends Colony in order
to create rukus in the peaceful possession of the suit property.

16. That as a consequence of atrocities suffered, the late husband of the

complainant/ aggrieved, suffered from severe chest pain on 16.11.16 and
the complainant seeked help from the respondents to shift her husband to
nearest hospital for medical assistance. The respondents refused any kind
of help in this regard. The complainant somehow managed to shift her late
husband to Escort Fortis hospital where the Late husband of the
complainant expired after the cardiac arrest. The complainant/ aggrieved
was deeply affected by this incident and was in a state of shock and
depression.

17. That immediately, after the demise of the husband of the complainant, the
respondent number 1 illegally occupied one room at the suit property
bearing room no. 1( Room 1 as shown in the site plan) and put his lock.
On the complainants objection to this the respondents number 1 and 2
hurled abuses to her and threatened the complainant to vacate the suit
property.
18. The respondents in their collusion to remove the complainant from the suit
property also got the electricity and water supply disconnected. And to
harass the complainant in every possible way, the respondent number 1
malafidely and falsely in collusion to dispossess the complainant of the
suit property, got the electricity meter installed for the suit property
substituted in his name without the knowledge and consent of the
complainant. That the complainant learned about the above fact only when
the electricity bill of the month of December 2016 was received by him.
The complainant gave an immediate complaint in this regard dated
10.01.17 to the respondents. But no action has been taken upon the
complaint so far on the part of the respondents. Also, the CA No. of the
electricity bill also changed from 102155963 to 152049481.

19. Further, the respondent number 1 started collecting the rent amount from
the tenant namely Mr. Leenu Vishwanath. A complaint dated 28.12.2016,
in this regard was made by the complainant in P.S. New Friends Colony,
New Delhi. . The copy of the complaint is annexed herewith as annexure
A6.

20. That in or around the first week of 2017 , the respondent number 1 further
inducted a fresh tenant namely Mr. Shravan Kumar in room no. 1, which
was allegedly duly locked by the respondent number 1 after the demise of
the husband of complainant. The respondent began collecting rent from
the said room c It is pertinent to mention that all the maintenance expenses
of the suit property including electricity charges were solely borne by the
complainant. When the complainant tried to get possession by legal
means, the respondent number 1 did not allow it to happen. A complaint
dated 06.01.17, in this regard has been made against the respondent
number 1. . The copy of the complaint is annexed herewith as annexure
A7.

21. That the respondent no. 1 further malafidely locked the room( Room no.2
as shown in the site plan) on 26.01.17 and upon protest from the
complainant, the respondent abused her before other respondents. A
detailed complain in this regard dated 31.0117 was given to the SHO, P.S.,
NEW FRIENDS COLONY, NEW DELHI, by the complainant against the
malafide conduct of the respondent number 1 to dispossess the
complainant of the suit property.
22. That the complainant after some time learnt that the respondent number 1
had further inducted a new tenant namely Mr. Sarfilahi Siddiqui in room
number 2 of the suit property as shown in the site plan and the respondent
had been collecting rent from the three separate rooms at the suit property.
On the complainants objection to this the respondents number 1 hurled
abused her and threatened the complainant to dispossess her of the suit
property. That the complainant fears harm of her and her daughter’s
security at the hand of the respondents and that the respondents may in
their conspiracy to dispossess the complainant of the suit property may
cause harm to her and the property.

23. That it is pertinent to mention that the respondent number 1 is malafidely

and allegedly collecting rent from the aforesaid rooms which were
otherwise in possession of the late husband of the complainant. Due to this
the respondent is causing wrongful gain to himself and wrongful loss to
the complainant.

24. That after running from pillar to post the complainant has approached this
hon’ble court for grant of appropriate relief of injunction against the
respondents and restraining all the respondents or any of the relatives of
the respondents from illegal interference and creating troubles in the
peaceful possession of the suit property by the complainants.

25. That the Hon’ble court has the territorial jurisdiction to try and entertain
the present suit in as much as the plaintiff has the legal right over the suit
property which is within the territorial jurisdiction of this Hon’ble court.

26. That the cause of action against the respondents and in favour of the
complainant first arose on 06.02.2006 as and when the plaintiff no. 1
shifted in the suit property along with her late husband. That cause of
action further arose as and when the complainant and her late husband
were subjected to abuses, lured religious comments and atrocities by the
defendants in their collusion to illegally dispossess the complainant of the
suit property. The cause of action further arose as and when the
complaints dated 24.07.2014, 29.07.2014, 11.04.2015, 28.12.2016,
06.01.2017, 10.01.2017 and 31.01.2017 were made by the complainant
and her late husband against the evil acts of the respondents. The cause of
action further arose as and when in pursuance of their aim of disposing the
 complainant of the suit property, the respondents threatened the
complainants and disconnected the water supply and the electricity of the
suit property. The cause of action further arose when the respondent
number 1 malafidely locked the rooms of the suit property and then further
inducted the tenants and began collecting rents from them. Thereafter, the
cause of action arose when the respondent number1 malafidely got the
electricity meter of the suit property substituted in his name without any
knowledge or consent of the complainant.

27. That the lue of the suit for the purpose of jurisdiction regarding relief of
permanent injunction is Rs. 130 and the qua mandatory injunction Rs. 200
on which requisite court fee is affixed. The plaintiff undertakes to
payadditional court fee as and when directed by the Hon’ble court.
 Prayer
It is prayed that this Hon’ble court may take cognizance of the complaint
and pass all/any of the following orders, as deemed necessary in the
circumstances of the case,
i) Pass protection orders under section 18 of Domestic Violence Act
in favour of the complainant/ aggrieved person and prohibit the
respondent from-
a) Committing, aiding or abetting any act of domestic
violence;
b) Alienating any assets, operating bank lockers or bank
accounts used or held or enjoyed by the respondents or
singly by the respondent, including her stridhan or any
other property held either jointly by the parties or
separately by them.
c) attempting to communicate in any form, whatsoever, with
the aggrieved person, including personal, oral or written or
electronic or telephonic contacts;
d) causing violence to the dependents, other relatives or
any person who give the aggrieved person assistance from
domestic violence;
e) committing any other act as specified in the protection
order.
ii) Pass residence orders under section 19 and/or
iii) Direct the Respondent to pay monetary relief under section 20
a) The medical expenses;
b) The maintenance for the aggrieved person as well as her
child which should be adequate, fair and reasonable and
consistent with the standard of living to which the
aggrieved is accustomed;
c) Monthly payment of maintenance as per the requirement of
the aggrieved.
d) Pass orders under section 21 of the Act and/or
iv) Direct the Respondents to grant compensation or damages for
the injuries including mental torture and emotional distress
caused by the acts of domestic violence committed by the
respondents under section 22 and/or
v) Pass such interim orders as the court deems just and proper;
 vi) Pass any order(s) as deems fit in the circumstances of the case.

Orders required:

(i) Protection Order under section 18

Prohibiting acts of domestic violence by granting an injunction against the

Respondents from repeating any of the acts mentioned in terms of column

(a) / (b)/ (c)/ (d)/ (e)/ (f)/ (g) of the application- YES

3 (i) (a) Prohibiting Respondent(s) from entering the workplace – Not

applicable.

3 (i) (b) Prohibiting from stopping you from going to your place of

employment – Not Applicable.

3 (i) (c) Prohibiting Respondent (s) from entering the school /college / any

other place of your children- Yes.

3 (i) (d) Prohibiting from stopping you from going to your school –Applicable

3 (i) (e) Prohibiting any form of communication by the Respondents with you

- Though there could have happened a normal joyful communication

between the aggrieved and respondents on the part of the respondents that

led to a situation that they never talked with the aggrieved in normal way,

they are used to abused the aggrieved d. The aggrieved was subjected to

the utmost cruelty because she had not brought adequate dowry as per the

respondents greed.

3 (i) (f) Prohibiting alienation of assets by the Respondents –

That the respondents are earning heavy rental income from the property-

H. No. 32 A, 3rd floor, Masigarh, Jamia Nagar, New Delhi. belonging to

the complainant/ aggrieved namely Nisha. Apart from above the

 respondents have also blocked the complainant’s entry to the suit propery

and threaten her from gaining control over the same.

3 (i) (g) Prohibiting operation of joint bank lockers/accounts by the

Respondent (s) and allowing the aggrieved person to operate the same

Not Applicable

3 (i) (h) Directing the Respondents to stay away from the

dependents/relatives/any other person of the aggrieved to prohibit

violence against them –

The marriage of the aggrieved clearly appears to be an utterly

unacceptable event due to religious difference of the complainant before

the time of marriage.

The respondents are hard core orthodox and money minded people and

they have no humanity that can prevail, in fact the respondent may go up

to any extent so that they may not get any flaw on their part.

Therefore, this Hon’ble Court may be pleased to direct the respondents to

stay away from the dependents / relatives /any other person of the

aggrieved & to prohibit violence against them.

Any other order, please specify –

(i) Order may be passed against the respondents restraining them from

any of the act mentioned above under clauses 3. Because, the

domestic violence as defined under section 2 (g) read with section

3 of the Act was habit of respondent during the stay in matrimonial

house and continues till today in the form of threatening to her and

to her parents and relatives.

This Hon’ble Court may be pleased to direct the respondents to

stay away from the aggrieved & to prohibit violence against her.

3 (ii) Residence Order under section 19

 An order directing the respondents to ensure the complainant and her

daughter peaceful possession and ownership on the 3rd floor of the said

property with dignity and respect.

3 (ii) a An order restraining Respondent(s) from dispossessing or

throwing me out from the shared household

Applicable

3 (ii) (b) Entering that portion of the shared household in which I

(applicant) reside applicable

3 (ii) (c) Alienating/disposing/encumbering the shared household–

This Hon’ble Court may kindly restraint the respondents not to

alienate/disposing/encumber the above said shared/joint family household

property situated as under:-

H. No. 32 A, 3rd floor, Masigarh, Jamia Nagar, New

Delhi.

Apart from above the respondents should be barred from collecting rents from

the three separate rooms and assigning any tenant whosoever, in future to stay

in the suit property.

3 (ii) d) Renouncing his rights in the shared household–

The fact and circumstances of the case clearly reveals that it is a clear case of

desertion on the part of the respondents against the aggrieved. The step mother-

in-law of the aggrieved as obviously being a veteran member of the family, she

acted in a very bureaucratic manner with the aggrieved, instead of bringing the

conjugal rights at the compromising level.

3 (ii) (e) An order entitling me (applicant) continued access to her personal

effects.
 All the jewellery and gift items such as cash and personal belongings of

the aggrieved are possession of the respondents, still lying in the

possession of respondents.

Therefore, this Hon’ble court may kindly direct the respondents to return

back the personal belongings.

3 (ii) (f) An order directing respondents to:

a. Remove himself from the shared household - Applicable

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

same – Not Applicable

Any other order, please specify----Legally bind the Respondents so that

they may not repeat violence, and to adopt any sort of torturing tactics on

the applicant/aggrieved in future and also Respondents may be directed to

stop violence and totally deprive themselves from acting any other

act/omission, which lead to the hurdles and disturbances to the peaceful

life of the aggrieved/applicant.

And any such other or further order as this Hon’ble Court may deem fit in

the fact and circumstances of the case and in the interest of the justice.

3 (iii) Monetary relief’s under section 20:

3 (iii) a. Loss of earnings, Amount claimed– Not Applicable

3 (iii) b)Medical expenses, Amount claimed –

3 (iii) c. Loss due to destruction/damage or removal of property from the

control of the aggrieved person: Not Applicable.

3 (iii) (d) Any other loss or physical or mental injury as specified in clause 10

(d) Amount claimed –

 Considering domestic violence which has not only effect on the body but

also has drastic effect on the mind which results in loss of expectancy of

life and that has rendered the aggrieved in very miserable and pathetic

condition. In these facts and circumstances this Hon’ble Court may direct

the Respondents to pay the aggrieved a sum of Rs 10.00 lacs (Rupees Ten

lacs only).

3 (iii) (e) Total amount claimed :-

a. Dowry demanded and paid at different

N/A
Occasions of marriage (as per Ann-.A)

b. Medical expenses N/A

c. Loss of earning N/A

d. Any other loss or physical or mental

Rs. 10,00,000/-
injury as specified in clause 3(iii)(d)

e. Legal expenses claimed Rs. 30,000/-

Grand Total Rs.10,30,000 /-

(Ten lacs thirty thousand only)

3 (iii) (f) Any other order, please specify: -

Any other amount in the form of compensation, which the court may deem
fit in the fact and circumstances of the case and in the interest of justice.

3(iv) Monetary relief's under section 20

3(iv) a Directing the Respondents to pay the following expenses as monetary

relief : -N/A

a) Food, clothes, medications and other basic necessities:

N/A

b) School fees and related expenses of aggrieved: applicable

 N/A

c) Household expenses:

N/A

d) Any other expenses:

N/A

e) Total amount claimed

N/A

f) Any other order, please specify: -

The Hon’ble Court may pass such order (s) as it deem fit in the fact and circumstances

of the case and in the interest of the justice.

(v) Custody Order under section 21: Not Applicable

 Aggrieved Person--

Not Applicable

 Any other person on her behalf, details of such person—

Not Applicable

(vi) Compensation Order under section 22:

Any other further compensation and damages for the injuries including

mental torture and emotional distress caused by the act of domestic violence

committed by the respondents, which this Hon’ble Court may please to

direct the respondents to pay Rs 1,00000/- (Rupees ten lacs only) for

injuries including mental torture and emotional distress.

(vii) Any other order, please specify-

As the Hon’ble Court may deem fit in the fact and circumstances of

the case and in the interest of the justice.

4. Details of previous litigation, if any -

a. Under the Indian Penal Code : N/A

b) Under Cr. P.C.: N/A

c) .Under the Hindu Marriage Act, 1956 : N/A

d.Under the Hindu Adoptions and Maintenance Act, 1956, section(s): -

Not Applicable

e. Application for maintenance, under section 125 under Cr.P.C N/A

(f) Whether Respondent(s) was/were sent to Judicial Custody: Sent under judicial

custody: Not Applicable

For less than a week: Not Applicable.

 For less than a month- Not Applicable.

 For more than a month- Not Applicable

Specify period:

Not Applicable

(g) Any other Civil suit:

Not Applicable

PRAYER

In view of the aforesaid facts and circumstances of the case it is most

humbly prayed before this Hon’ble Court that this Hon’ble Court may graciously
be pleased to:

a. To grant the relief(s) claimed therein and pass such order or orders
other order as this Hon’ble Court may deem fit and proper under
the given facts and circumstances of the case for protecting the
aggrieved person from domestic violence and in the interest of
justice.

b. To pass any other or further orders which this Hon’ble court may
deem fit and proper in the interest of justice be kindly passed.

Complainant/Aggrieved Person
Place: New Delhi
Date:
 Through

(Amit Kumar)

Advocate
Office Bearing No. 35 Khizrabad
New Friends Colony, New Delhi 25
Contact: +91 -9899480089
E-mail: adv.amitkr@rediffmail.com

VERIFICATION:-

Verified at New Delhi on day of January, 2018 that the contents of

paras ……….. to ……….. of the above application are true and correct to the
my knowledge and nothing material has been concealed there-from.

Complainant/Aggrieved Person

Place: New Delhi

Date:

IN THE HON’BLE COURT OF LD. C.M.M., DISTRICT WEST-TIS

HAZARI COURTS, DELHI
CC No. _____ Of 2018

IN THE MATTER OF:

Smt. Sukhwinder Kaur Sandhu …Complainant / Aggrieved
 Versus
Smt. Rajinder Kaur & Anr. … Respondents
AFFIDAVIT

I, Ruby Pal w/o Sh. Deepak Pal, aged about …………years R/o H.N.- F-

109, Jaitpur Extn, Badarpur, New Delhi-110044, do hereby solemnly affirm and

declare as under:

1. That I am the applicant/aggrieved person in the accompanying application

Under Section 12 of Protection of Women from Domestic Violence Act,

2005 filed for myself.

2. That being conversant with the facts and circumstances of the case I am

competent to swear this affidavit.

3. That the deponent has been living at the address given in the memo of

parties.

4. That the details provided in the present application for the grant of relief

Under Section 12 of Protection of Women from Domestic Violence Act,

2005 have been drafted under my instruction.

5. That the contents of the application have been read over, explained to me

in vernacular language.

6. That the contents of the said application may be read as part of this

affidavit and are not repeated herein for the sake of brevity.

7. That the applicant apprehends repetition of the acts of domestic violence

by the respondent against which relief is sought in the accompanying

application.

8. That the relief’s claimed in the accompanying application are urgent

inasmuch as the applicant would face great financial hardship and would

be forced to live under threat of repetition/escalation of acts of domestic

violence complained of in the accompanying application by the

respondent, if the said reliefs are not granted on an ex-parte ad-interim

basis.
9. That the facts mentioned herein are true and correct to my knowledge and

belief and nothing material has been concealed therefrom.

Deponent

VERIFICATION:-

Verified at New Delhi on this day of , 2017 that the contents of my above

affidavit are true and correct to my knowledge and nothing material has been

concealed therefrom.

Deponent

IN THE HON’BLE COURT OF LD. C.M.M., DISTRICT WEST-TIS

HAZARI COURTS, DELHI
CC No. _____ Of 2018
IN THE MATTER OF:
Smt. Sukhwinder Kaur Sandhu …Complainant / Aggrieved
Versus
Smt. Rajinder Kaur & Anr. … Respondents

APPLICATION BY FOR AND ON BEHALF OF THE AGGRIVED SMT.

SUKHWINDER KAUR SANDHU UNDER SECTION 23 OF THE
PROETCTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
FOR GRANT OF EX-PARTE & AD-INTERIM ORDERS.

MOST RESPECTFULLY SHOWETH:-

1. That the applicant/aggrieved Smt. Sukhwinder Kaur Sandhu

has filed a accompanying application under section 12 of protection of
women from domestic violence act, 2005 against the respondents, the
contents of the same may be read and taken as part and parcel of the
present application for the sake of brevity.
2. That the respondent be directed not to dispose of or alienate the following
properties:

a. H.N. WZ 50-A, Prithvi Park, MBS Nagar, Tilak Nagar,

New Delhi-110018.
b. H.N. WZ- 49-A/2 Prithvi Park, MBS Nagar, Tilak
Nagar, New Delhi-110018
Apart from above the respondents also have other properties in Punjab.
The complete details of which is not available with the aggrieved. The
same shall be placed on record as and when the same is available with the
aggrieved.
3. That the respondents be directed to return all the Jewelry/stridhan, articles
etc. which are lying with them.
4. That the respondents be directed to not to threaten the complainant on
phone or verbal or with any other mode.
5. That the respondents have been committing series of act which are
covered under definition of Domestic Violence under the aforesaid act.
6. That even at present the respondents are not sparing any chance to harass,
humiliate and torture mentally the aggrieved.
7. That the aggrieved has every apprehension that the respondents would go
to any extent to get rid of her and throw her alongwith her children and
husband from her matrimonial home.
8. That the applicant has a very good prima facie case in her favour.
9. That in case of interim order as prayed for are not passed, the aggrieved
shall suffer an irreparable loss and injury which can not be compensated in
any manner.
PRAYER

In view of the aforesaid facts and circumstances of the case it is most

humbly prayed before this Hon’ble Court that this Hon’ble Court may
graciously be pleased to:

a. Direct the respondents restrained from causing any harm or injury or

endangering the health, safety, life, limp or well being, whether mental
or physical, of the aggrieved and her husband and children

b. Direct the respondents to not keep the aggrieved and her husband and
children in matrimonial home forcefully with lock.

c. Direct the respondents to provide the duplicate key of the main door of
the matrimonial house to the aggrieved and her husband and/or direct
the respondents to fix the new lock of the main gate and share the key
of the same with aggrieved and also with her husband.

d. Restrain the respondents from:-

 I. Dispossessing the aggrieved in any other manner disturbing
the possession of the aggrieved person/ complainant from the
shared household
II. Entering into any portion of the shared household in which the
aggrieved resides
e. To direct the respondents to keep the aggrieved and her daughter and
son and also her husband in the shared/her matrimonial home with
dignity and respect.
f. Direct the compensation be awarded under section 22 of the protection
of women from domestic violence Act, 2005.
g. Direct the concerned SHO for providing assistance in the compliance
of the order of this Hon’ble court under this Act.

h. To pass any other relief or further orders which this Hon’ble court may
deem fit and proper in the interest of justice be kindly passed.
Complainant/Aggrieved Person
Place: New Delhi
Date:
Through

(Amit Kumar)

Advocate
Office Bearing No. 35 Khizrabad
New Friends Colony, New Delhi 25
Contact: +91 -9899480089
E-mail: adv.amitkr@rediffmail.com