IN THE COURT OF ACMM, DWARKA COURTS, NEW DELHI

D. V. CASE NO. OF 2013

(Legal Aid Case)

IN THE MATTER OF:-

Smt. Neelam .…Complainat/Petitioner

VERSUS

Sh. Manoj Tiwari & others ……Respondents

INDEX

Sl.No.______________ Particulars___________________ Pages

1 Memo of Parties

2. Petition U/s. 12 of the Protection of Women

from Domestic Violence Act alongwith
affidavit.

3. Application U/s. 23(2) of the Protection of Women from

Domestic Violence Act with affidavit.

4. List of documents.

5. Vakalatnama.(DLSA)

__________________________________________________________

COMPLAINANT/APPLICANT.

THROUGH:

VISHAL SINHA

Advocate for the Complainant

1, Pkt-I, Sec-14, Dwarka,
Date: 10.10.2013 New Delhi – 110001
Place: New Delhi
IN THE COURT OF ACMM, DWARKA COURTS, NEW DELHI

D. V. CASE NO. OF 2013

IN THE MATTER OF:-

Smt. Neelam .…Complainat/Petitioner

VERSUS

Sh. Manoj Tiwari & others ……Respondents

MEMO OF PARTIES

Smt. Neelam
W/o, Sh. Manoj Tiwari
D/o. Capt. Sh. Bhagwan Vashist
R/o RZ- 11, Sai Baba Enclave,
Tehsil Road,Najafgarh,
New Delhi – 110043 ……………….PETITIONER

VERSUS

1. Sh. Manoj Tiwari S/o Shri Bhagwan Tiwari (Husband)

2. Smt. Chandrakala W/o Shri Bhagwan Tiwari (Mother-in-law)
3. Shri Bhagwan Tiwari S/o – Not remember now
4. Smt. Alpana Tiwari W/o Sh. Pradip Tiwari (Sister-in-law or Jethani)
5. SH. Pradip Tiwari S/o Shri Bhagwan Tiwari (Brother-in-law or Jeth)

Respondent No. 1 to 3 are R/o RZ – 50, Gali No. 23, Vashist Park, Sagarpur,
Pankha Road, New Delhi- 110046 and
Respondent No. 4 & 5 are R/o RZ – 51/A, Gali No. 24, Vashist Park, Sagarpur,
Pankha Road, New Delhi- 110046

……………RESPONDENTS

COMPLAINANT/
APPLICANT

THROUGH:

VISHAL SINHA

Advocate for the Complainant

1, Pkt-I, Sec-14, Dwarka,
Date: 10.10.2013 New Delhi – 110078
Place: New Delhi
 IN THE COURT OF ACMM, DWARKA COURTS, NEW DELHI

D. V. CASE NO. OF 2013

(Legal Aid Case)

IN THE MATTER OF:-

Smt. Neelam
W/o, Sh. Manoj Tiwari
D/o. Capt. Sh. Bhagwan Vashist
R/o RZ- 11, Sai Baba Enclave,
Tehsil Road,Najafgarh,
New Delhi – 110043 ……………….PETITIONER

VERSUS

6. Sh. Manoj Tiwari S/o Shri Bhagwan Tiwari (Husband)

7. Smt. Chandrakala W/o Shri Bhagwan Tiwari (Mother-in-law)
8. Shri Bhagwan Tiwari S/o – Not remember now
9. Smt. Alpana Tiwari W/o Sh. Pradip Tiwari (Sister-in-law or Jethani)
10. SH. Pradip Tiwari S/o Shri Bhagwan Tiwari (Brother-in-law or Jeth)

Respondent No. 1 to 3 are R/o RZ – 50, Gali No. 23, Vashist Park, Sagarpur,
Pankha Road, New Delhi- 110046 and
Respondent No. 4 & 5 are R/o RZ – 51/A, Gali No. 24, Vashist Park, Sagarpur,
Pankha Road, New Delhi- 110046

……………RESPONDENTS

PETITION UNDER SECTION 12 OF THE PROTECTION OF WOMEN

FROM DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005)

MOST RESPECTFULLY SHEWETH:-

1. That the complainant/ applicant is at present resident of above

mentioned address which is her parental house, and is residing with her
two sons.

2. That the marriage in between the petitioner and respondent No.1 was
solemnized at New Delhi about 14 years ago according to Hindu Rites
 and Ceremonies. AND after solemnization of said marriage, the
petitioner was brought by the respondent at her matrimonial home,
where the marriage was duly consummated as husband and wife and
out of this wedlock two children, one son aged 13 years and another
son aged 9 years was born out who are living with the
petitioner/complainant.

3. That the marriage of the petitioner was solemnized in a decent manner

by her parents and given sufficient dowry even beyond their status. But
neither the respondent No.1 nor his any family members were happy
with the dowry articles. They always use to taunt the petitioner
regarding the demand of dowry for set up a factory as Kharat Factory
which is manufacturing unit for tap water knob and its peripherals and
money given by petitioner`s parents Rs. 50,000/-, thereafter the parents
of the complainant had given Rs. 50,000/- for abovesaid purposes on
August, 1999.

4. That again complainant compel to bring more money of Rs. 5,00,000/-

for purchasing a brand new Indica Car for Taxi service purposes then
the complainant again bring the said amount of Rs. 2,00,000/- from her
parents and given to Respondent No.3 for the aforesaid purposes on 2 nd
December, 2003 and the car was brought by Respondent No.1 on same
week of December.

5. That Respondents once again demanded money of Rs. 5,00,000/- from

the complainant for purchasing a brand new Santro DLY Car for Taxi
service purposes then the complainant again bring the said amount of
Rs. 2,50,000/- from her parents and given to Respondent No.3 for the
aforesaid purposes on October, 2011 and the car was brought by
Respondent No.1 on same week of October.
 6. That Respondent No.2 & 3 are conspired and compel to their son
namely Manoj Tiwari and Pradip Tiwari alongwith Alpana Tiwari for
taunting and abused for demand of dowry. Therefore, all are greedy
and abusive towards dowry. Hence, this complainant brutally bitten by
them time to time only for demanding of dowry, herein this
complainant being harassed mentally, tortured and physically violent
towards complainant. Moreover, there is a regular course of
harassment did by Respondent No. 1 to 5 against the complainant.

7. That Respondent No.4 & 5 always forcing for demand of money from
complainant to fulfill their EMI’s of WagonR car as well as demand of
school fees of their children. And it is pertinent to mention here that
Respondent No.2 & 4 are planned conspiracy of a joint business
relating to catalogue making unit for other clients. Therefore,
complainant was lured by abovesaid Respondents that it is a lucrative
profitable business hence this complainant handed over entire jewelry
items from her Stridhan to the Respondent No. 2 & 4 but after one
month Respondent No. 2 & 4 are not started said business nor returned
the jewelry articles to the complainant till date, while this complainant
cried a lot and requested to return her jewelry items but all the efforts
has been failed.

8. That Respondent No. 1 & 3 always conspired towards their demand in

the name of brand new cars to start a business of Travel Agency but
they all are only in vein never started any aforesaid businesses but the
cars were brought by Respondent No. 1 in the name of complainant
and assured the rental income of the said cars given to the complainant
but till date nor a single penny has been received by complainant from
the Respondent No. 1 & 3, although Respondent No. 1 & 3 compel to
bring EMI’s of car loan from complainant’s parents and the parents of
the complainant is obliged and deposited the said EMI’s of the
previous car as well as new Santro car through his bank account. If
further required of the said documents as such statement of account or
 documents from creditors bank will produce by complainant in due
course of proceeding/trial to this Hon’ble court.

9. That the petitioners shocked and used to the respondent No.1 and
respondent no.3 are habitual alcoholic and used to abuse the
complainant after drinking every day. The respondent No.1 used to call
his friends for drinks and used to taunt his wife in front of them after
some days of marriage started harassing, torturing and taunting the
complainant

10.That last 2 months the in-laws and husband of the complainant again
started torturing and mentally abusing her randomly for demanding of
dowry of Rs. 25,00,000/- for investment in Construction Business as a
“Floor Builder”, while all the Respondents No. 1, 3 and 5 are already
doing property consulting business as a “Floor Builder”, “If demanded
money of Rs. 25,00,000/- is not brought by the complainant then you
will not allowed to come to the matrimonial home”. And when the
complainant told them that her parents are not capable of paying such
huge amount of money, then in-laws of the complainant threatened to
kill her for not complied of payment of Rs.25,00,000/-. And therefore
complainant is totally scared of threatening by her in-laws and also
threatened that if anyone trying to help her in this matter then they will
kill them too.

11. That on 11th August, 2013 at night complainant’s husband and in-laws
united to harassed the complainant and bitten her badly for demanding
the aforesaid dowry amount and on 12th August, 2013 around 10’ o
clock at night bitten her and finally thrown her out from the
complainant’s matrimonial home and told her that do not come without
money of Rs.25,00,000/-. And they all threw her out from the house
without any other articles or money except 3 pieces of cloths.
12. That after this situation complainant was so mentally retorted that with
the intention to commit suicide she went to the railway track which
was under the Nangal over bridge. But at that time one miled accident
was taken place with one bike to the complainant and she felt down
then one lady indentify the complainant and took her to the Hari Nagar
Police Station and there they called my brother and asked him to come,
after complainant’s brother’s arrival they took me to the IO & SI Hari
Singh of Sagarpur P.S. and then I told all the story and lodged my
complaint on 12th August, 2013 but the police advised to the
complainant and her brother and father to wait for two days for the
negotiation and interrogation of this case, hence, police approached to
the Respondents/ accused for further settlement of the dowry demand
but matter was not fertile. Thereafter, police has been advised to the
complainant to filed a separate complaint before this police station
respectively complainant’s complaint was registered on 14 th August,
2013 as D.D. Entry No. 67B and her father complaint was also
registered as D.D. Entry No. 66B. The photocopies of D.D. Entry Nos.
66B and 67B dated 14th August, 2013 are hereby annexed as
ANNEXURE C/1 & C/2.

13.That the petitioner being a Hindu devotee lady, served her husband and
other elderly family members of in-laws and gave full respect to the
but she could not win over their heart but still the petitioner even after
repeated physical violence did not leave the respondent’s house in
hope for better future for her children. That the petitioner spent about
14 years out of married life due to cruelty inflicted by the respondent.

14. That complainant approached to the police on 04/10/2013 as D.D.

Entry No. 46B was filed a complaint by this complainant for
requirement of her documents and articles from her matrimonial house
by the help of police but it also failed to procure abovesaid articles and
urgent documents of abovementioned car, therefore the Respondents
were falsely assured to the police that when the complainant came to
the house they will handed over the keys to her hand. But till filling of
 this case Respondents were not handed over the keys documents and
articles belongings to this complainant. Therefore, instant case is file
today before this Hon’ble Court. The photocopy of D.D. Entry No.
46B dated 04/10/2013 before S.H.O. Sagarpur is annexed as
ANNEXURE C/3.

15.That the respondents/accused persons every now and then used to pick
quarrel with the petitioner. Particularly, the respondent No. 2 , 3, 4,5,
used to instigate the respondent No. 1 against the petitioner due to
which the respondent No.1 used to beat the petitioner on so many
occasions, respondent No.1 also used to threaten the petitioner and
members of her family . The respondents used to taunt the petitioner
that she belongs to Rich family. The petitioner was in hope that better
sense will prevail upon them and all thing will be alright.

16.That the matter is counseled and mediated between both parties before
Mediation Centre, Dwarka at pre litigating/filing stage, hence the
matter was not fertile, hence, this suit is brought before this Ld. Court.

PRAYER

In the circumstances, as mentioned herein above, it is therefore, most respectfully

prayed that this Hon’ble court would be graciously pleased to:-

a. Pass a protection order U/s. 18(a), (f) of D.V Act to save her life in
favour of complainant.

b. Pass an order U/s 19(1) (f) and (2) of D.V Act in favour of this
complainant and against the respondents.

c. Pass an order U/s 20of D.V Act in favour of this complainant and
against the respondents.

d. Pass an order U/s 22 of D.V Act in favour of this complainant and

against the respondents.
 e. Summon to the respondents and try and punish them in accordance
with law for various offences committed by them.

f. Pass any other further order / orders which this Hon’ble court deems
fit and proper in the facts and circumstances of the present case.

COMPLAINANT

THROUGH:

VISHAL SINHA

Advocate for the Complainant

1, Pkt-I, Sec-14, Dwarka,
Date: .10.10.2013 New Delhi – 110 078
Place: New Delhi
 IN THE COURT OF ACMM, DWARKA COURTS, NEW DELHI

D. V. CASE NO. OF 2013

IN THE MATTER OF:-

Smt. Neelam .…Complainat/Petitioner

VERSUS

Sh. Manoj Tiwari & others ……Respondents

AFFIDAVIT

I, Smt. Neelam wife of Sh. Manoj Tiwari, D/o Capt. Shri Bhagwan Vashist, R/o
RZ- 11, Sai Baba Enclave, Tehsil Road, Najafgarh, New Delhi – 110043, do
hereby solemnlyaffirm and declare as under :-

1. That the deponent is complainant/petitioner in this case and is well

conversant with the facts of the case and competent to file and swear this
affidavit.

2. That the contents of the accompanying application Under Sec.12 of the

Protection of Women from Domestic Violence Act have been drafted by my
counsel on my instructions and same are true and correct to my knowledge.
The contents of the same are not repeated here for the sake of brevity, which
may be read as part and parcel of this affidavit.

DEPONENT

VERIFICATION :-

Verified at Delhi on this 10th October, 2013 that the contents of above
affidavit are true and correct to my knowledge.

DEPONENT
 IN THE COURT OF ACMM, DWARKA COURTS, NEW DELHI

D. V. CASE NO. OF 2013

IN THE MATTER OF:-

Smt. Neelam .…Complainat/Petitioner

VERSUS

Sh. Manoj Tiwari & others ……Respondents

PETITION U/S 23(2) OF THE PROTECTION OF WOMEN FROM

DOMESTIC VIOLENCE ACT,2005

RESPECTFULLY SHOWETH:-

1. That the complainant/aggrieved person have filed the complaint/petition

Under Sec. 12 of the Protection of Women from Domestic Violence Act,
before this Hon’ble Court and the same is pending adjudication. The
contents of the same are not repeated here for the sake of brevity, which may
read as part and parcel of this application.

2. That the incidents of Domestic violence as Specified in the report and the
grievances as mentioned in the application under section 12 of the said act
prima facie disclose that the respondents No.1 to 5 have committed the acts
of domestic violence against the aggrieved person as well as her children.

3. That there is every likelihood of repeating the acts of domestic violence

against the aggrieved person and her children by the respondents.

4. That the aggrieved person is unable to maintain herself and her children as
she does not know any art or craft to earn livelihood for herself and her
children, nor has she any independent source of income nor she has any
immovable property in her name or possession, the only source of income
was those purchased car but all the income from the car (taxi) has been
grabbed by the Respondents.

5. That the respondent No.1 is a man of means and his monthly income is more
than Rs. 40,000/- including a two dwelling house with four storied from
where rental income has also been come.
 6. That the respondents No.1 to 5 are bent upon to turn the aggrieved person
and her children out of the shared household her matrimonial home.

7. That without any provision for food, clothing, daily expenses, medicine etc.
by the respondent in favour of the aggrieved person and her children, they
are facing hardship and starvation, poor parents of petitioner is unable to
look after the aggrieved person and her children.

8. That the contents of accompanying application and incidents report and

these of the interim application have been drafted by my counsel under my
instructions and the same are true and correct and same have been read over
and explained to me in vernacular.

9. That the respondents are required to be restrained immediately from causing

any domestic violence against the aggrieved person and her children.

10.That an amount of Rs. 5000/- per month towards maintenance of the

aggrieved person and Rs.5000/- each for food, milk and study materials of
her two children apart from these expenses school, bus and tution fees are
separately of amount Rs. 8,000/-is urgently required to be paid by
respondent no.1 to the aggrieved person. An amount of Rs.5,00,000/- for
economical loss of her father and also Rs. 5,00,000/- as compensation is also
claimed by the aggrieved person for mental torture and emotional distress
caused to her due to the above said acts of the respondents.

It is, therefore, most humbly prayed that this Hon’ble Court be pleased
to grant ad-interim ex-parte order(s) in favour of the aggrieved person and
against the respondents, in the interest of justice.

COMPLAINANT/ AGGRIEVED PERSON

THROUGH

VISHAL SINHA
Advocate for the Complainant
Off; Flat #1, Pkt-I, Sec-14,
Dwarka, New Delhi- 110 078
Place: New Delhi
Date: 10.10.2013
VERIFICATION :

Verified at Delhi on this 10th of October, 2013 that the contents of paragraphs
No.1 to 10 of the above application are true and correct to the best of my
knowledge and nothing has been concealed therefrom.

COMPLAINANT/ AGGRIEVED PERSON

 FORM III
AFFIDAVIT UNDER THE SEC 23(2) OF THE D.V ACT.

IN THE COURT OF ACMM, DWARKA COURTS, NEW DELHI

D. V. CASE NO. OF 2013

IN THE MATTER OF:-

Smt. Neelam .…Complainat/Petitioner

VERSUS

Sh. Manoj Tiwari & others ……Respondents

AFFIDAVIT

I, Smt. Neelam wife of Sh. Manoj Tiwari, D/o Capt. Shri Bhagwan Vashist, R/o
RZ- 11, Sai Baba Enclave, Tehsil Road, Najafgarh, New Delhi – 110043, do
hereby solemnlyaffirm and declare as under :-

1. That the deponent is complainant/petitioner in the accompanying application

for grant of interim and ex-parte orders Under Sec.-23 of the Domestic
Violence Act, filed for myself and my children.

2. That I am the natural guardian of my children.

3. That being well conversant with the facts of the circumstances of the case, I
am competent to swear this affidavit.

4. That the respondent No.1 had been living with the aggrieved person from the
date of marriage till date at RZ 51/A, Gali No.24, Vaishist Park, Sagarpur,
Pankha Road, New Delhi – 110046.

5. That the details provided in the present application for the grant of relief
Under Section 18, 19, 20 & 22 have been entered into by my counsel under
my instructions. The contents of the application have been read over and
explained to me in Hindi.

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

the same are not being repeated herein for the sake of brevity.

7. That the applicant apprehends repetition of the acts domestic violence by the
respondents against which relief is sought in the accompanying application.
 8. That the respondents have threatened the applicant that if she does not
withdraw herself alongwith her children from her matrimonial/shared
household at House No. RZ 51/A, Gali No.24, Vaishist Park, Sagarpur,
Pankha Road, New Delhi – 110046, then she alongwith her parental family
members would have to face dire consequences.

9. 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 repetition/escalation of acts of domestic
violence complained of in the accompanying application by the respondents
if the said relief are not granted on an ex-parte ad-interim basis.

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

DEPONENT

VERIFICATION :-

Verified at Delhi on this 10th October, 2013 that the contents of the above
affidavit are true and correct to the best of my knowledge and belief.

DEPONENT