1

IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE,

FARIDABAD
IN APPLICATION NO. _______ OF 2016
IN THE MATTER OF:-

TARANBIR KAUR
AGED 31 YEARS
DAUGHTER OF SH. HARJEET SINGH
WIFE OF JASPAL SINGH
RESIDENT OF 383, FIRST FLOOR,
SECTOR-22, HOUSING BOARD COLONY,
NIT FARIDABAD.

…. APPLICANT
VERSUS

1. JASPAL SINGH
SON OF LATE SH. GURCHARAN SINGH

2. SMT. PRABHJOT KAUR

WIFE OF LATE SH. GURCHARAN SINGH

3. BABANDEEP KAUR
DAUGHTER OF LATE SH. GURCHARAN SINGH
All RESIDENT OF 12/98, GEETA COLONY,
DELHI-110031

….. RESPONDENTS

APPLICATION UNDER SECTION 12, 18, 19, 20, 22 &

23 OF THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT, 2005.

Most respectfully showeth:-

1. That applicant and the respondent were married to each other

according to Sikh customs, rites and religious ceremonies on
27-10-2013 and from this wedlock a son now named Master
Harsaran Singh was born on 14-07-2014.

2. That the marriage between the parties was an arranged marriage

and in this marriage the family of Applicant spent handsome amount
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of money not only in the performance of the marriage but also in the
presentation of dowry and gifts to the family members of the
respondent no.1 as demanded by them including a Car.

3. That though the marriage ceremony took place on 27-10-2013 but

the engagement ceremony had taken place on 21-07-2013 and
thereafter applicant and respondent no.1 had met on various
occasions in the presence of family members and also separately and
had discussed various issues regarding their future and their
marriage.

4. That after the marriage when applicant shifted to her matrimonial

home, all was well for the initial few days and she was treated with
love and respect by the respondent no.1 but all hell broke loose
when Applicant conceived within the first month of the marriage and
broke this news to the respondents. The respondent no.1 was a
transformed person and started accusing Applicant of ruining his life
by getting pregnant so soon and he started insisting that Applicant
should reconsider as the respondent no.1 did not want a child so
early in the marriage. Applicant was rather taken aback by the
attitude of the respondent no.1 as he had undergone a total
transformation on the news of Applicant being pregnant. He started
finding faults in Applicant and started insulting and ridiculing on her
upbringing, strict religious belief and practice. Respondent no.1
would lose patience and shout at Applicant, at the smallest of
reasons and pretext, would refuse to go out with her or take her out
with him and started threatening that in case she was to continue
her pregnancy he would sever all links with her. All pleas and
requests by Applicant to the respondent no.1, not to mistreat her or
misbehave with her fell to deaf ears as she refused to abort the
pregnancy as was being wanted by the respondents.
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5. That much to the dismay of Applicant, the respondent no.2 also

joined hands with respondent no.1 in harassing the Applicant. She
would come into the room of Applicant as early as 7:00 AM in the
morning and would spend most of the day there and would insist on
watching television in the room of Applicant and respondent no.1.
The bedroom of Applicant was on the third floor whereas the Kitchen
was on the ground floor of the House. The housemaid was
purposefully removed from the job and Applicant was told that she
would have to run the kitchen independently, which Applicant did to
the best of her ability. Respondent no.2 was residing on the Second
Floor and would loudly call out the name of Applicant repeatedly
telling her to go down to the kitchen on Ground Floor for small
errands repeatedly that too when the family knew that Applicant was
pregnant.

6. That the respondent no.1 used to repeatedly threaten and scare

Applicant that some day she would surely slip from the stair case
going up and down from the Third Floor to Ground Floor and he
would not only get rid of Applicant but also the child in her womb.
Applicant was so scared of the threats by the respondent that she
developed a fear of the stairs but had no option but to go up and
down the stair case at-least 20-30 times per day as she was being
forced to do by the respondent no.1 and respondent no.2.

7. That the respondents refused to provide any finances to Applicant to

meet her personal needs and always used to insist that in case she
wanted any money she should arrange for the same from her
parents. Gradually as a few months past the insult, humiliation and
neglect of Applicant at the hands of the respondents started taking
its toll and Applicant started remaining sick as also the fact that she
was pregnant. The respondent no.1 and 2 however showed no
concern and respondent no. 3 also started insulting and humiliating
Applicant by all possible means, she would ridicule the applicant of
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being from a small town, not being good looking and would find
faults at each and everything being done by Applicant. The
respondent no.3 also used to insult Applicant by saying that the life
of respondent no.1 had been ruined by marrying Applicant, the
respondent no.3 used to remove the personal things of Applicant
from the applicant’s room without the permission or knowledge of
Applicant and to show contempt towards Applicant. Respondent
no.3 deliberately and intentionally banged the Car given in the
marriage of applicant.

8. That though applicant was being mistreated by the respondents yet

applicant showed strength and courage and refused to undergo an
abortion or give a divorce as was being repeatedly demanded by the
respondents from the third month of the marriage itself. She choose
to undergo all the humiliation hoping that with the birth of the child
the situation may improve. The elder sister-in-law of applicant gave
birth to a female child and thereupon the respondent’s mother
threatened that in case applicant was to give birth to a female child
both applicant and the child would be thrown from the top floor of
the house as the respondent’s family was not willing to bear the
expenses for raising another girl child in the house.

9. That the respondent no.1 had become uncommunicative towards

Applicant soon after the news of the pregnancy and her refusal to
abort the child and that the Applicant soon discovered that the
Respondent no.1 had started chatting with various females on the
phone and on the chat sites on the internet. Applicant also over
heard the respondent no.1 talking on the phone claiming to be a
issueless divorcee. At times the respondent no.1 would come back
late past mid-night and on one or two occasions when Applicant
mustered enough courage to ask him as to why he is coming so late,
the respondent no.1 firstly insulted her by saying that she is not
worth spending time with and had no reason or desire to spent time
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with Applicant. It would not be out of place to mention here that

Applicant and respondent no.1 had cohabitated with each other only
for about 3 months after their marriage and thereafter the
respondent had refused to do so, claiming that not only was
Applicant not to his liking and he had many girlfriends to spend time
with and used to compare Applicant with his girlfriends namely
Chetna & Preet thereby insulting Applicant by all possible means.

10.That in the month of January 2014 on the occasion of the first Lohri
post the marriage of the parties, a function which is celebrated in the
Sikh community with great festivity, the respondent no.1 firstly
refused to organize any function on the ground that Applicant was
not presentable enough in front of his friends and relatives and that
he did not wish to waste money on such an occasion, but on the last
minute a small dinner was organized where only the immediate
family of Applicant was invited but the respondent insulted the
parents of Applicant by not even speaking to them and showing total
disrespect and disregards towards them.

11.That on 10th February 2014 was the first Birthday of Applicant after
her marriage to the respondent but Applicant was astonished that
despite knowing the same the respondent no.1 did not even bother
to wish her.

12.That in the month of March, 2014 Applicant was surprised when the
respondent no.1 told her that they are going to Jim Corbett Park and
accordingly on 17-03-2014 they went there with Gurmeet &
Gurminder Kaur the elder brother and his wife of the respondent
no.1 along with another couple. Applicant was however told before
leaving that she is not to discuss their personal issues with the friend
or his wife and was to project a happy couple image. The respondent
no.1 also told her that he was being forced to go on the trip along
with Applicant as per a financial arrangement with his friend and not
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otherwise. On the trip Applicant was shocked to see the respondent

no.1 consuming non-vegetarian food and snacks though the
respondent no.1 is a “Gursikh” and had claimed that he does not
drink or consume non-Vegetarian. When the Applicant asked him
about the same, he told her that it was none of her concern and that
his family knew about the same. On the said trip the respondent no.1
refused to be photographed along with Applicant and spent the
maximum possible time with his friend and friend’s wife rather than
with Applicant and forced Applicant to stay in the room alone telling
his friend and his wife that she was not well because of her
pregnancy.

13.That Applicant gave birth to a baby boy on 14-07-2014 at Faridabad

and when this news was given to the respondent no.1, he showed no
excitement or concern for either the applicant or his son. When he
came to visit his son for the first time after his birth there was no
excitement and thus disinterest was shown by the respondent no.1
towards both the Applicant and the newly born baby boy.

14.That after the birth of the child Applicant stayed at her parental
home but the respondent no.1 chose to come on one or two
occasions and that too on the repeated requests of the Applicant but
refused to talk to her or show any interest in the child. Even later on
when Applicant returned back with the child to the matrimonial
home the respondent no.1 showed no concern, love, care or
affection towards Applicant and started spending less and less time
at home. It had become obvious that he was least interested in
Applicant and their newly born infant. It had become cleared that
Applicant and the infant child had no place in the life of the
respondent no.1 and repeatedly the respondent no.1 used to curse
the Applicant for ruining his life and not being beautiful enough for
him to take her out with him. He even used to curse the infant child
for being born so soon in this marriage.
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15.That it had become obvious that the respondent was not interested
either in this marriage or Applicant, but Applicant kept on making
efforts to win the love and affection of the respondent no.1 for
herself and for the infant child but all such efforts remained futile
and the respondent no.1 started growing apart having no concern for
Applicant. The respondent no.1 was supported by his mother and
sister i.e. respondent no. 2 & 3 as they joined hands with him in
humiliating Applicant by all possible means and started resorting
means to make the life of Applicant as uncomfortable as possible.

16.That though the respondent no.1 had practically stopped

communicating with Applicant but his talks clearly indicated that he
wanted to separate from Applicant as well as the newly born child
and had developed links and relations with various other women and
was making grounds to seek separation from Applicant willfully or by
force.

17.That the miserable and pitiable condition of the Applicant was

noticed not only by her parents but also by the other respectable in
the Biradari and Sangat and all efforts made by them to convince the
respondent number of times to treat Applicant properly proved futile
and each passing day it became rather clear and obvious that the
respondent had no interest in either the Applicant or their child and
wanted to get rid of both of them by all possible means.

18.That the repeated and constant insults and humiliation to Applicant

at the hands of the respondent no.1, his mother and sister starting
taking a toll on the health of Applicant but it had no effect on the life
style of the respondents. Respondent no.1 would leave early in the
morning and would return late in the evening and even then on
coming back home he would spent all possible time in the room of
his mother where Applicant was not permitted as on one occasion
their child being an infant had urinated on the bed of the mother of
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the respondent no.1 and resultantly Applicant was strictly told that
she cannot bring the infant child to the said room. The respondent
no.1 on the other hand never showed any attachment towards the
infant child and rather used to keep away from him. On various
occasions he openly declared that he did not want to continue the
life and relationship with Applicant therefore he has no interest in
the infant child also and that he wanted to get rid of both of them so
that he may live his life as per his own whims and fancies and restart
his life afresh shunting both, the applicant and the infant child out of
his life.

19.That the situation grew from bad to worse and eventually on

14-07-2015 the respondent no.1 told Applicant in clear terms that he
cannot tolerate her in his house anymore and in case Applicant
continued staying in the house they may come to harm for which the
respondent no.1 and his family members would not be responsible
and in such circumstances Applicant and the infant child were turned
out of the matrimonial home and since then the Applicant have been
residing at Faridabad.

20.That various efforts have been made constantly since then to bring
about a re-approachment but the respondent no.1 is adamant that
he does not want to live with Applicant and has no place in his life for
the infant child as well. All efforts made by well wishers have resulted
in only the respondent demanding a separation from Applicant on
the grounds that he does not like Applicant anymore and does not
want her as his wife and therefore does not want to live with her.
The mother of the respondent no. 1 has also been endorsing the
view of the respondent no. 1 and has also been claiming that though
he does not like the applicant yet even otherwise she is not upto
their mark nor her family has provided the social and financial
support that they had expected out of this marriage and for this
reason also the marriage should not continue.
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21.That the respondent is taking care of a business being run under the
name & style of Man Power Solutions, a firm which is registered in
the name of Smt. Prabhjot Kaur, the mother of the respondent, the
said firm is engaged in the work of Law Enforcement and his firms
acts as Recovery Agents for various Banks & Non-Banking Financial
Institutions. The respondent has also completed his Bachelor degree
in law and enrolled himself in the Bar Council at Delhi as an
Advocate. Though the work of the respondent is good and he has 10
to 15 employees working under him, he has yet claimed an annual
income of about 7 Lacs, whereas to the best of the knowledge of
Applicant and as per the claims made by the respondent his earning
is more than Rs. 1 Lac per month.

22.That Applicant is presently living in a rented house alongwith her

minor son at a monthly rent of Rs. 6500/- and the rent and all related
expenses are being met by the father of Applicant as she herself has
no independent source of income to sustain & maintain herself.

23.That to meet various day to day fixed and recurring expenses

including rental, food, clothing, medication for Applicants, Applicant
needs a sum of at-least Rs. 50,000/- per month which the respondent
is capable of paying but is purposely not doing so to put Applicant
into financial hardship to force Applicant into submission of
conceding to a divorce as is being demanded by the respondent. The
respondent on the other hand is going about his life a normal
manner and is in-fact on the lookout for a second wife as he has
created his profile bearing No. SH25851317 on a matrimonial
website called punjabishadi.com where he has claimed to be a Law
graduate having his own business in a Law enforcement agency and
has claimed to the earning between 4 to 7 Lacs annually. It clearly
indicates the intent of the respondent which is to abandon Applicant
and remarry as soon as possible and obtain handsome amount of
dowry from the party.
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1. Orders required:
(i) Protection Order under Section 18
(a). Pass protection order under section 18 of the protection of
women against Domestic Violence act, prohibiting acts of
domestic violence by grant of injunction against the
Respondents from repeating any of the acts/violence
mentioned in the complaint of the Complainant against the
Complainant in future. The respondents may be further
directed to refrain from entering the rented house of the
applicant where she is currently residing or communicating
with her or her family members in any manner, whatsoever.

(b). Respondents may further be restrained from attempting to

communicate in any form, whatsoever including personal, oral
or written or electronic or telephonic contact with the
complainant.

Restrain the Respondents from alienating, transferring the

articles/Istridhan of the Complainant.

(c). The respondents be directed to return the said Articles/

Istridhan to the complainant immediately.

(d). Respondent no. 1 be also restrained from renouncing/

relinquishing his rights title and interest and/or selling,
alienating, transferring or creating any third party interest in
the shared household.

(ii). Residence order under Section 19:

(a.) That the complainant is the legally wedded wife of the

Respondent no. 1 and hence it is the legal and moral duty of
the respondent no. 1 to provide roof over the head of the
complainant as she cannot be expected to living at the mercy
of her parents, hence the complainant requires Rs. 25,000/-
per month to be paid by respondent no. 1 for the
accommodation of rent besides the electricity and other
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charges so that the complainant can live in an accommodation

which is similar in nature and has the same comforts as being
enjoyed by the Respondent no. 1.

(iii). Monetary Relief under Section 20:

(a). Directing the Respondent/s to pay the following expenses as

monetary relief (per month):
1. Food, Clothes, Medications,
Other basic necessities Rs. 40,000/-
2. Household Expenses Rs. 30,000/-
3. Rent Rs. 6,500/-
Total: Rs. 76,500/-
3. Order awarding damages / compensation / expenditure
may be incurred by the Complainant from time to time.

4. The said expenses would be required by the complainant

for the maintenance and livelihood of herself for meeting
the day to day expenses and other necessities of life and
the respondent no. 1 being a man of means and having
immense wealth in the form of his earnings from several
sources mentioned in the complaint is liable to pay
maintenance for the upbringing and living of the
complainant.

(iv). Compensation order under Section 22:

(a.) The Respondent may be directed to pay an amount of Rs.
50,00,000/- (Rupees Fifty Lacs Only) to the aggrieved
person for injuries including mental torture, verbal
abuses/violence and emotional distress, financial violence
caused by the acts of Domestic Violence committed by the
Respondents as aforesaid upon the complainant.

(b). Any other order, as this Hon’ble Court may deem fit and
proper in the interest of justice, considering the facts and
circumstances as mentioned herein above.
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1. That the complainant/applicant hereby applies for various benefit

U/s. 18, 19, 20, 22 of the Protection of Women from Domestic
Violence Act, 2005.

2. That the present application is being filed by the complainant/

applicant as she is competent to file such a complaint and by
virtue of power U/s. 28(2) of the Protection of Women from
Domestic Violence Act, 2005 the Hon’ble Court has empowered to
lay down its own procedure for the disposal of the application.

3. That the applicant at present has no source of income and the

applicant is unable to earn for her livelihood in view of the
immense mental trauma suffered by her at the hands of the
respondents.

4. That the respondent has committed the offence punishable U/s.

12 of the Protection of Women from Domestic Violence Act 2005
and they may be punished as per the provision of law.

5. That no proceeding of any sought in relation to the marriage

between the parties is pending before any court of competent
jurisdiction.

6. That the applicant is residing at Faridabad within the territorial

jurisdiction of this Hon’ble Court and she needs maintenance to
maintain and sustain herself also at her present abode and
therefore this Hon’ble Court has the territorial jurisdiction to
entertain and adjudicate upon the present petition.
PRAYER:-
It is, therefore, most respectfully prayed that in view of the present

application and also in view of the details submitted in regard to incidents

of domestic violence and this Hon’ble Court be pleased to grant:

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a. The relief(s) as claimed under section 18, 19, 20 and 22 of the Protection

of Women from Domestic Violence Act, 2005 in favour of the

complainant/aggrieved person.

b. and pass such other, further orders as this Hon’ble Court may deem fit

and proper in the interest of justice under the given facts and

circumstances of the case for protecting the Aggrieved person from the

acts of Domestic Violence.

c. It is further prayed that interim orders, in accordance with the law, to

grant interim maintenance and also to pass interim orders for residence,

may be pleased with immediate effect, in the facts and circumstances

stated herein the application and also in the affidavit filed hereto.

Date:- November, 2016 Applicant

Taranbir Kaur
THROUGH COUNSELS:-

SANJIV SINGH RAO & ASSOCIATES

ADVOCATES
CHAMBER NO. 349, LAWYERS’ CHAMBER COMPLEX,
SECTOR-12, FARIDABAD
 14

IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE,

FARIDABAD
IN APPLICATION NO. _______ OF 2016
IN THE MATTER OF:-

TARANBIR KAUR VERSUS JASPAL SINGH & OTHERS

APPLICATION UNDER SECTION 12, 18, 19, 20, 22 &

23 OF THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005)

APPLICATION UNDER SECTION 23(2) OF THE PROTECTION

OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 of
2005) FOR GRANT OF INTERIM AND EX-PARTE ORDERS.

MOST RESPECTFULLY SHOWETH:

1. That the applicant has filed the Complainant under section 12 of the
Protection of Women from Domestic Violence Act, 2005. Facts leading to
filing of the said Complaint have been mentioned in detail in the
accompanying complaint. The complainant craves leave of this Hon’ble
Court to refer and reply upon the same as forming part and parcel of this
paragraph, same are not repeated herein for the sake of brevity and to
avoid repetition.

2. That the Complainant is having strong prime facie case in her favour,
balance of convenience is entirely in favour of the complainant and the
complainant is likely to succeed in her complaint, complainant is filing
affidavit in the prescribed form along with this application.

3. That the applicant presently has no source of income and is dependent

upon her father for her financial support. The respondent on the other
hand who is joined in his business with his father has multiple source of
income and is presently earning a sum of approximately Rs. 1/1.25 Lacs
per month and can well afford to pay interim maintenance to the
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applicant so that she can sustain a similar kind of life style that is being
enjoyed by the respondent.

4. In the facts and circumstances of the case, it is necessary that interim

order as prayed for be passed in favour of the complainant and against
the Respondent no. 1 as prayed for in this application

PRAYER:-

It is therefore, most respectfully prayed that interim order in terms

of relief sought in the complaint may kindly be passed in the interest of
justice and the respondents be directed to pay a sum of Rs. 70,000/- per
month to the applicant so as to help her take care of her financial needs
and to sustain a similar life style as that of the respondents.

It is further prayed that the respondents be restrained from

committing any acts of Domestic Violence as defined U/s. 3 of the Domestic
Violence Act.

Any other relief deem just fit and appropriate in the given
circumstances of the case may also be granted in favour of the applicant
and against the respondents individually or collectively.

Date:- Applicant/Complainant

Taranbir Kaur
THROUGH COUNSELS:-

SANJIV SINGH RAO & SH. ESHER SINGH

ADVOCATES
CHAMBER NO. 349, LAWYERS’ CHAMBER COMPLEX,
SECTOR-12, FARIDABAD
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IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE,

FARIDABAD
IN APPLICATION NO. _______ OF 2016
IN THE MATTER OF:-

TARANBIR KAUR VERSUS JASPAL SINGH & OTHERS

APPLICATION UNDER SECTION 12, 18, 19, 20, 22 &

23 OF THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005)

AFFIDAVIT UNDER SECTION 23(2) OF THE PROTECTION OF

WOMEM FROM DOMESTIC VIOLENCE ACT, 2005 (43 Of 2005)

I, Taranbir Kaur daughter of Sh. Harjeet Singh, wife of Jaspal Singh, resident
of 383, First Floor, Sector-22, Housing Board Colony, NIT Faridabad, do
hereby solemnly affirm and declare as under:

1) That I am the applicant in the accompanying application filed under

various Sections of the Protection of Women from Domestic Violence
Act, 2005.

2) That I am well conversant with the facts and circumstances of the

case thus is competent to swear this affidavit.

3) That the Deponent is legally wedded wife of the Respondent no. 1

and the marriage was solemnised on 27-10-2013 according to the
according to Sikh customs and rituals.

4) That the Deponent started residing with her husband after marriage
at her matrimonial home in 12/98, Geeta Colony, Delhi-110031 and a
son now named Master Harsaran Singh was born on 14-07-2014 out
of the said wedlock.

1) That the Deponent is presently staying at a rented accommodation at

383, First Floor, Sector-22, Housing Board Colony, NIT Faridabad.
 17

2) That the details provided in the accompanying application for the

grant of relief under Section 12 have been entered on my
instructions.

3) That the contents of the accompanying application may be read as

part of this affidavit. The same are not repeated herein for the sake
of brevity.

4) That the applicant apprehends repetition of the acts of domestic

violence by the Respondents against which reliefs is sought in the
accompanying application.

5) That the reliefs claimed in the accompanying application are urgent

in as much as the applicant would face great financial hardship and
would be forced to live under threat of reputation / escalation of acts
of domestic violence complained of in the accompanying application
if the said relief are not granted on an ad-interim basis.

6) That the facts mentioned herein are true and correct to the best of
my knowledge and belief and nothing material has been concealed
therefrom.

DEPONENT

VERIFICATION
Verified at Faridabad on this day of November, 2016 that the
contents of the above affidavit are true and correct to the best of my
knowledge and belief and no part of it is false and nothing material has
been concealed therefrom.

DEPONENT