Draft of Complaint under Domestic Violence Act, 2005

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May 18, 2022

CriminalDrafting
May 18, 20221 By Avinash Nandan Sharma

IN THE COURT OF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS,

DELHI

COMPLAINT CASE NO._________OF 2022

IN THE MATTER OF:

MRS. JYOTI …COMPLAINANT

VERSUS

NITIN …RESPONDENT

INDEX

S.NO Particulars Pages

1. Memo of parties
2. Application U/s. 12 of the Protection of

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Women from Domestic Violence Act, 2005,

With Affidavit

3. Annexure-A Copy of Election Card as Id

Proof of the complainant]

4. Annexure-B [Copy of Ration Card of

father of Complainant as proof of residence.

3. Application/ Affidavit U/ s. 23 (2) of

The Protection of Women from

Domestic Violence Act, 2005

4. List of witnesses
5. Vakalatnama

Filed by:

AVINASH NANDAN SHARMA

Advocate

Ch.No.671, Patiala House Courts

New Delhi-110001, Mob.8800794128

Place: Delhi

Date:

IN THE COURT OF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS,

DELHI

COMPLAINT CASE NO._________OF 2022

IN THE MATTER OF:

MRS. JYOTI …COMPLAINANT

VERSUS

NITIN …RESPONDENT

MEMO OF PARTIES

Mrs. Jyoti

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W/o. Mr. Nitin

D/o. Late Sh. AB

R/o. XY, U.P.201010 … COMPLAINANT

VERSUS

1. Nitin

S/o. Late Sh. AB

2. Geeta Devi

W/o. Late Sh. AB

3. Abhilash

S/o. Late Sh. Naresh Kumar

All R/o. House no. ,

Gali No. XX

P.S. New Usmanpur, Delhi-53 …RESPONDENTS

Filed By

Avinash Nandan Sharma

Advocate

Ch.No.671, Patiala House Court, New Delhi-1

Place: Delhi

Date:

IN THE COURT OF METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS,

DELHI

COMPLAINT CASE NO._________OF 2022

IN THE MATTER OF:

Mrs. Jyoti

W/o. Mr. Nitin

D/o. Late Sh. AB

R/o. XX, U.P.201010 … COMPLAINANT

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VERSUS

1. Nitin

S/o. Late Sh. AB

2. Geeta Devi

W/o. Late Sh. AB

3. Abhilash

S/o. Late Sh. AB

All R/o. House no.XX

P.S. Usmanpur, Delhi-53 …. RESPONDENTS

P.S. Usmanpur

APPLICATION UNDER SECTION 12 OF THE PROTECTION OF

WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
SIR,

MOST RESPECTFULLY SHOWETH:-

1. That the complainant is a woman of about 23 years of age who has been made the
victim of domestic violence, harassment and torture by her husband, mother in- law
and Dewar and was kicked out from the matrimonial home after giving beatings in
the state of fear without any means of survival and support. The complainant is
presently residing with her mother at Sahibabad, Ghaziabad, U.P. The copy of
Adhar Card of the complainant as an ID proof are enclosed herewith as
ANNEXURE-A.
2. That the respondent no.1 is the husband of the complainant who is a businessman
having his own shop of General Store and receiving rent amount from other shops
given on rent at his house in The respondent is a man of means earning more
than Rs. 50,000 (Rs. Fifty Thousand) per month from and possessing ancestral
property. The respondent is the permanent resident of Delhi.

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3. That the marriage between the complainant and the respondent was solemnized on
18.04.2018 according to Hindu rites, rituals and customs at the house of the parents
of the complainant at Sahibabad, U.P. as a completely arranged marriage. The
complainant’s family gave Rs. 6,000000/- (Rs.Six lakhs) in cash to the respondents
as a dowry amount as per their demand. The gold chains, gold ear rings and gold
rings etc. besides other homely articles worth Rs.5,00000/- (Rs. five lakhs) were
given to the complainant as Stridhan as per the capacity of the complainant’s family
at the time of marriage which were kept by the respondents thereafter and the same
has never been given back to the complainant till date and is in the possession of
the respondents. Thus the total amount spent by the complainant’s family in the
marriage by way of dowry amount , stridhan and marriage arrangement is Rs. 15
lakhs. The list of Stridhan is annexed herewith as ANNEXURE-B.
4. That on 06.04.2018, a Tilak ceremony was held at the house of the respondent in
which approx. 30 people gathered from both sides. The family of the complainant
gave Rs 5,1000/- to the respondent no.1 besides 11 kg. sweets, mewas and 20 kg.
fruits. On 15.04.2018 Lagan Sagai ceremony was also held at the place of the
respondents on their demand where aprox115 people on the side of the respondent
and 35 persons from the complainant’s side attended the function and the family of
the girl gave Rs.31,000/- in cash and other house hold articles and utensils to the
respondents. A bullet Bike (Classic) of Rs.1 lakh 50 thousand was given to the
respondents in marriage on their demand. Thus it was totally an arranged marriage
and deferent ceremonies and rituals were performed spending huge money from
the side of the complainant as per the demand of the respondents.
5. That after the marriage the complainant tried to adjust in the matrimonial home at
Delhi but the respondents started abusing , taunting and beating her for bringing
insufficient dowry in marriage. That the complainant has become victim of domestic
violence, harassment and exploitation and has been subjected to cruelty by
respondents.
6. That the respondent no.1/husband is in habit of taking wine and keeping his
physical relation with other girls. It is pertinent to mention here that the respondent
no.1 is having illegal physical relation with other girls who in connivance with the
respondent no.1 used to call at the number of complainant and represent
themselves as the wife of the respondent no.1. Such illegal extra marital affairs
causes mental torture to the complainant
7. That respondents are continuously demanding dowry in cash and kind committing
cruelties against the complainant. Respondent no.2/ Mother in law says that the
status of the complainant’s family is very low in compare to that of his family and
complainant has not come to his house as his wife but as a maid. The respondent
no.1&2 have been frequently abusing and giving threats to the complainant and her
family members. The respondent no.1 always shows very aggressive nature and
angry gesture and even beats the complainant.

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 8. That the complainant has been brutally beaten by stick,, hand and legs by the
respondent no.1 on the instigation of his mother for fulfilment of the demand of
dowry. Brother of the respondent no.1, Abhishek and marriage broker Babulal
provoked the respondents to commit more cruelties on the complainant so that she
could bring 2 lakhs from her family. However, the complainant bore all these
sufferings because of the respect of her family.
9. That on 15/07/2018, the respondent no.1 in state of intoxication started beating the
complainant and said “ I have to improve my shop work, so bring Rs.2 lakhs from
your home or else face the consequence.” When the complainant refused to bring
money , the respondent no.1 tried to throttle the complainant and she anyhow
rescued herself and stated the incident to his mother in law who not only supported
her son but also threatened the complainant to kill her if she did not bring the
money for her son for his business. On having heard all these things, when the
brother of the complainant came at her matrimonial home, the respondents also
misbehaved with him and threw him out from his house.
10. That the respondent uses extremely abusive language before the complainant and
the children which cannot be mentioned in words and he declares- ‘No one can do
anything against me.’ “Teri aukat kya hai? Paise se tere jaisi chhattis milti hain.” The
respondent has been also making false allegations against the character of the
complainant, on the contrary, it is respondent who has illicit relations with many call
girls and frequently takes wine and other forms of intoxication.
11. That the respondent no.1 one day just after 2 and 3 months of the marriage came
with his friend and send him in the room of the applicant to sleep with her, however ,
applicant reacted to this behavior of the respondent no.1 and came out from the
room and escaped herself from any sexual assault by his friend.
12. That on 20.08.2018, the respondents threw out the complainant out of the house
after beating her brutally and abusing roughly. Thus in a state of physical pain and
extreme fear and finding no way out, the complainant went to her parents at
Sahibabad, U.P. That the complainant in the existing facts and circumstances is
unable to access to her matrimonial home without any protection. The complainant
is a lady under fear, threat, torture and insecurity and has no means for the survival
and maintenance of herself as she is completely a house wife with only12th class
education. The complainant under such circumstances has been compelled to
move here and there seeking financial support from his relatives and family
members.
13. That the complaint is not presented in collusion with the respondent.
14. That there has not been any unnecessary or improper delay in filing the complaint.
15. That there is no other legal ground as to why the relief prayed for should not be
granted to the complainant.
16. That the complainant’ matrimonial home is at Delhi-110053 where respondents
have been residing and case of action has occurred while she was residing with
her husband and as such this Hon’ble Court has the jurisdiction to entertain and try
present complaint.
17. That the requisite court fee has been paid thereon.

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In view of the above facts and circumstances, it is most respectfully prayed that your
Good Self may be pleased to:

Pass an order in favour of the complainant and against the respondent for the right to
reside in a shared household /a separate accommodation of same standard provided by
the respondent under the provisions of Section-17 of the Protection of Women from
Domestic Violence Act, 2005.

Pass protection and residence order under Section- 18 and 19 of the said Act, 2005.

Pass order in favour of the complainant and against the respondent granting monetary
relief under Section-20 of the said Act.

Pass compensation order under Section-22 of the said Act.

Grant interim and ex-parte orders in favour of the complainant and against the
respondent in respect of the reliefs as prayed for in clause A to D of the prayer under the
provision of Section 23 of the said Act. And/or

Any other and further order/relief which this Hon’ble may deem fit and proper in the facts
and circumstances of the case may also be passed in favour of the complainant and
against the respondent to secure the ends of justice.

COMPLAINANT

THROUGH

AVINASH NANDAN SHARMA

Advocate

Ch.No.671, Patiala House Courts

New Delhi-110001, Mob.8800794128

Place: Delhi

Date:

VERIFICATION

I verify on solemn affirmation that the contents of complaint are true and correct to the
best of my knowledge and belief and have been drafted on my instructions and explained
to me in vernacular. Nothing material has been concealed therefrom.

Verified at Delhi on this 16th day May 2022

COMPLAINANT

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IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA
COURTS, DELHI

COMPLAINT CASE NO._________OF 2022

IN THE MATTER OF:

MRS. JYOTI …COMPLAINANT

VERSUS

NITIN …RESPONDENT

AFFIDAVIT

I, Mrs. Jyoti W/o. Mr. Nitin D/o. Late Sh. XY R/o. XX U.P.201010, presently at Delhi, do
hereby solemnly affirm and declare as under:-

1. That I am the complainant in the accompanying application filed under Section-12

of the Protection of Women from Domestic Violence Act, 2005.
2. That I am fully conversant with the facts of the case and am competent to swear this
affidavit.
3. That the contents of the accompanying complaint under Section-12 of the said Act
has been drafted by my counsel under my instructions and the contents of the said
Application are read over to me in vernacular and I have understood the same and
state on solemn affirmation that the contents thereof are true and correct .
4. That the contents of the said complaint may kindly be read as part and parcel of this
affidavit as the same are not repeated herein for the sake of brevity.
5. That my marriage with the respondent was solemnized on 18.04.2018 according to
Hindu rites, rituals and customs at Delhi as a completely arranged marriage.

DEPONENT

VERIFICATION

Verified at Delhi on this 16th day of May 2022 that the contents of complaint are true and
correct to the best of my knowledge and belief and nothing material has been concealed
therefrom.

DEPONENT

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA

COURTS, DELHI

COMPLAINT CASE NO._________OF 2022

IN THE MATTER OF:

MRS. JYOTI …COMPLAINANT

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VERSUS

NITIN …RESPONDENT

APPLICATION/ AFFIDAVIT UNDER SECTION 23(2) OF THE

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
I, Mrs. Jyoti W/o. Mr. Nitin D/o. Late Sh. AB R/o.XX, U.P.201010, presently at Delhi, do
hereby solemnly affirm and declare as under:-

1. That I am the complainant in the accompanying application under Section-12 of the

Protection of Women from Domestic Violence Act, 2005 filed against the respondent
and the contents of the said complaint may kindly be read as part and parcel of this
Application /Affidavit as the same are not repeated here for the sake of brevity .
2. That being conversant with the facts and circumstances of the case I am competent
to swear this affidavit.
3. That my marriage with the respondent was solemnized on 18.04.2018 according to
Hindu rites, rituals and customs at Delhi as a completely arranged marriage.
4. That the deponent has lived with the respondent in at Permanent matrimonial
home- at House No. XX , Delhi since her marriage till she was thrown out of it.
5. That the details provided in the present complainant for the grant of relief under
Section-12 of the said Act have been entered into by me/at my instructions.
6. That the contents of the said complaint have been read over and explained to me.
7. That the contents of the said complaint may be read as part of this affidavit.
8. That the complainant apprehends repetition of the acts of domestic violence by the
respondent against which the relief is sought in the accompanying complaint.
9. That the respondent has threatened the complainant and her parents that he will not
maintain the complainant financially and even eliminate her existence if she raises
voice against this state of affair.
10. That the reliefs claimed in the accompanying complaint are urgent in as much as
the complainant would face great financial hardship and would be forced to live
under threat of repetition/escalation of acts of domestic violence by the respondent,
complained of in the accompanying complaint if the said reliefs are not granted on
ex – parte ad interim basis.
11. That the facts mentioned herein are true and correct to the best of my knowledge
and belief and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION

Verified at Delhi on this 20th day of May 2022 that the contents of complaint are true and
correct to the best of my knowledge and belief and nothing material has been concealed
therefrom.

DEPONENT

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IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, KARKARDOOMA
COURTS, DELHI

COMPLAINT CASE NO._________OF 2022

IN THE MATTER OF:

MRS. JYOTI …COMPLAINANT

VERSUS

NITIN …RESPONDENT

LIST OF WITNESSES

1. Complainant herself.
2. Raj Kumari , mother of the complainant
3. Kish Lal, father of the complainant
4. Sonu Kumar, brother of the complainant
5. Any other witness with the permission of this Hon’ble court

COMPLAINANT

THROUGH

AVINASH NANDAN SHARMA

Advocate

Ch.No.671, Patiala House Courts

New Delhi-110001, Mob.8800794128

Place: Delhi

Date:

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