FILE N°:

SECRETARY: Dr.
WRITTEN N°: ONE
SUMILLA : DIVORCE DUE TO CAUSE
PHYSICAL AND PSYCHOLOGICAL
VIOLENCE

MISS JUDGE OF THE CIVIL COURT OF THE PROVINCE OF PACASMAYO.

ABILA MONTALVAN CHERO with ID No.

47016553, with real address at Avenida Circunvalación
Mz. “Q” Lot 28 AAHH “Sixto Balarezo” of Guadalupe,
indicating the procedural address on Manuel Herrera
Mz. B 50 Lot 1 (Local of the Peasant Community of
San Pedro de Lloc – Office of Dr. DANI ULFE) of this
city, before you, I respectfully say:

I.- LOCATION:
That, through this, I formally file a complaint and summon the defendants:

 ELIAS CORONEL DIAZ , residing on Los Rosales Mz. “K”, Lot 07 AAHH Sixto
Balarezo of the city of Guadalupe, province of Pacasmayo; as well as:
 PUBLIC MINISTRY domiciled at Transversal Ancash s/n San Pedro de Lloc, in
front of the “Virgilio Purizaga Aznarán” Coliseum, for being part of the process.

Requesting that they be notified with the legal formalities at their indicated
addresses.
II.- REQUEST :
 That, in an original objective accumulation of claims, I request:

A.- MAIN PRETENTION ,

That after the legal procedures, the present claim for Divorce on the grounds of
PHYSICAL AND PSYCHOLOGICAL VIOLENCE , which I file against ELIAS
COONEL DIAZ and the PUBLIC MINISTRY , is declared FOUNDED , and
consequently THE MARITAL BOND IS DISSOLVED with express condemnation
of costs and costs ;

Likewise, as accumulated claims , I ask:

B.- ORIGINARY OBJECTIVE ACCUMULATION OF CLAIMS :

b. 1) FOOD : Regarding the relative alimony in favor of our youngest son JHON
HARLYN CORONEL MONTALVAN, 5 years old, I request that the defendant
come with a pension of FIVE HUNDRED NEW SOLES PER MONTH (s/.
500.00); and, regarding alimony in my favor as a spouse, despite the fact that I am
in poor health, I renounce said right because the defendant has not complied with
assisting me financially even when we have lived together.

b. 2) TENURE AND PATRIAL POWER OF THE CHILDREN: That, as I have

said, we have procreated our youngest son Jhon Harlyn Coronel Montalvan, who is
currently five years old, who has been violently taken from me by the defendant
with the sole in order for me to reconcile with the latter, which is why I request that
I be granted Custody and Parental Power, especially if his father is a person who
does not control his emotions and constantly physically and morally attacks my son.

b. 3) SEPARATION OF COMMON PROPERTY: Regarding marital property,

we had acquired within the marriage an urban property located on Calle Rosales s/n
of AAHH Sixto Balarezo in the city of Guadalupe, province of Pacasmayo, in front
of the defendant's current house, without embargo has been abusively disposed of
by the defendant, and with respect to the household goods, he has kept the
 household goods, so since there are no assets to be divided, at this point the
judgment will only be declaratory.

b. 4) COMPENSATION FOR DAMAGES : Because the defendant has assumed

an attitude of hostility, violence and permanent aggressiveness against me, I request
compensation for damages in the amount of TWENTY THOUSAND NEW SOLS.

IV.- FACTUAL BASIS OF THE REQUEST :

A.- REGARDING THE MAIN CLAIM :

A.1.- That, with the defendant ELIAS CORONEL DIAZ, we contracted a civil
marriage on November 10, 2008 before the Provincial Municipality of Chepén, as proven
by the marriage certificate that I attach, procreating our youngest son Jhon Harlyn Colonel
Montalván, who to date is 05 years old as it appears on the birth certificate that I attach
hereto.
A.2.- That, during the first months of marriage, our life as a couple passed normally,
but after the birth of my son, the defendant began to display totally aggressive, violent,
hostile and abusive behavior towards me, attacking me psychologically, physically and
morally and constantly dishonoring my person, it being the case that among the umpteenth
times that I have been attacked and vilified, the following stand out negatively:
a) That, on May 1, 2011 at approximately 10:30 p.m., in circumstances where I asked
my husband for an explanation regarding the origin of s/. 3500.00 that I found
hidden at the bottom of my youngest son Jhon Harlyn Coronel Montalvan's
wardrobe, I was physically attacked with blows to my head, abdomen, arms, legs,
thigh, being hit with punches and kicks on the floor, which is why I saw myself
obliged to report it to the Prosecutor's Office of our province of Pacasmayo, the
same one that was received, forming the Folder with Case No. 895 - 2011, so when
I was subjected to Legal Medical Recognition No. 000987-VFL I was diagnosed
with “External traumatic injuries of blunt origin on the scalp, arms, right leg and
left thigh” requiring 02 days of medical care for 07 days of legal medical disability;
and when the Psychological Evaluation was carried out through Psychological
 Expertise Protocol No. 000727 – 2011-PSC-VF, it was concluded that I presented
“Immature and dependent personality traits, anxious and depressive reaction
compatible with psychological abuse by my husband, requiring psychotherapy.” in
accordance with the Lawsuit No. 091 – 2011 and Tax Provision No. 262 – 2011,
both dated June 9, 2011, Tax Folder Case No. 895 – 2011, which is attached in a
copy to this document.
b) That, due to the aforementioned lawsuit filed by the Public Ministry on Family
Violence (Physical and Psychological Abuse) in my grievance, the process was
processed before your Court through File No. 000206- 2011 – 0 – 1614 – JR – FC
– 01 Specialist William Paredes Vásquez, as I certify with a copy of the self-
admission that accompanies this document; stating that I do not know the
continuation and completion of the process because later they did not notify me.
c) That, tired of so much physical and psychological violence in my grievance, on
May 30, 2011, I went to the Second Nomination Peace Court of Guadalupe,
summoning the defendant where we signed an act of Separation and Alimony,
forcing him to leave the house and give me a pension of s/. 65.00 per week in favor
of my youngest son, however the Judge, upon noticing his angry attitude,
recommended that he avoid any act of physical or verbal aggression against me, as
I prove with the certificate of separation of bodies that accompanies this document.
d) That, even though we were separated, the defendant, under the pretext of
complying with a Visitation Regime, came to my house where he again attacked
me physically and psychologically, and every time he found me on the street he
insulted me and even always threatened me that If I didn't return to him, he was
going to take my son away from me or end my life; In fact, on April 6, 2013,
because my person refused to reconcile with him, in revenge he took my youngest
son by force and refused to return it to me, which is why I went to the Extrajudicial
Conciliation Center. of the Ministry of Justice demanding that he return my son to
me, in this sense, he was summoned to said institution for the protection of women
where they demanded that he return my youngest son to me by signing a
conciliation agreement dated April 22, 2013 through of which the possession and
custody of my son was returned to me and a Visitation Regime was established for
the defendant, as proven by the request for conciliation and the conciliation
document that accompanies this document.
e) That, despite having gone to different authorities to stop the acts of violence against
me, I did not find peace, and every time the defendant came to my house due to the
Visitation Regime, he threatened me to return with him, and Upon encountering
refusal on my part due to the aforementioned abuses, he continued insulting me,
humiliating me, physically attacking me, uttering insults against my family, my
mother lied to me, he followed me insulting me in the street, and all these events
occurred even in the presence of my youngest son Jhon Harlyn Coronel Montalván,
which is why, again in the month of April 2013, I was forced to report him to the
Prosecutor's Office of our province of Pacasmayo, the same one that was accepted,
forming Case Folder No. 638 - 2013, in accordance with the Tax Provision that
accompanied this lawsuit.
f) That, based on my aforementioned complaint, the Public Ministry filed a lawsuit
for Family Violence (Psychological Abuse) in my grievance, the same that was
processed before your Court through File No. 00299- 2013 – 0 – 1614 – JR – FC –
01 , culminating in a ruling that declared the claim of Family VIOLENCE in the
form of PSYCHOLOGICAL ABUSE to the detriment of my person FOUNDED,
being consented to and currently in execution, as I prove with the sentence that
accompanied this claim.

A.3.- That, the acts of family violence in my grievance continue on the part of the
defendant, and even at the end of last year 2013, apart from the acts of violence
described, he stopped giving me my son's pension and demanded that I return with
him, but when he saw that I refused, he took my son from me and has kept him,
denying me any type of approach, having gone to various authorities in my jurisdiction
in order to recover my son, but I have not had any support from him. from the
authorities of Guadalupe, where I do not find any type of protection so I feel
defenseless and unprotected, thanks to the cowardly and aggressive will of the
defendant

A.4.- That, again in the month of July of the current year 2014, I have gone before the
First Nomination Peace Court of Guadalupe in order for the defendant to hand over my
minor son to me, as well as for the cease the acts of psychological violence that
continue in my grievance, however the defendant refuses to hand over my son to me, as
I prove with the verbal complaint and the minutes of the Hearing held before the
aforementioned Court, which I accompany herewith.

A.5 .- That, the defendant does not stop his attacks, and the violence against me has
become a routine action, for which I request, Miss Judge, that you provide me with
Effective Jurisdictional Protection and after the legal procedures declare founded my
request, as requested, in strict application of the current civil and procedural rules

B.- REGARDING THE ACCUMULATED CLAIMS:

B.1 FOOD:
- That, due to the physical and psychological violence in my grievance, on May
30, 2011, I went to the Second Nomination Peace Court of Guadalupe (town
where we live), in order to report such events and separate myself from the
aggressor. , so we signed an act of Separation and Alimony, forcing the
defendant to come with a pension of s/. 65.00 weekly os/. 260.00 per month in
favor of my youngest son Jhon Harlyn Coronel Montalvan, however he fulfilled
this amount for a few months, since because I did not reconcile with him, he cut
the amount of the pension and threatened to take my youngest son away from
me. I prove the offer of alimony with the Separation and alimony certificate that
accompanied my claim.
- That, with the sole purpose of not providing alimony, in the month of December
2013 the defendant carried out his threats and took my youngest son, who to date
is barely 5 years old, from me, for for which reason I am requesting Possession
and Custody and the assignment of alimony.
- That, currently my youngest son is studying initial studies at the IEI. No. 179
“Corazón de María” of the city of Guadalupe, so their needs have increased and
therefore the pension amount must also be increased, especially if the obligated
party has improved their economic income, since they work as Security
personnel. for the Company “Security” providing his permanent services at the
UNT headquarters in Valle Jequetepeque, and in his free moments he works as a
motorcycle taxi driver in the city of Guadalupe, obtaining monthly income higher
 than /. 3000.00, even more so if you have no needs other than personal ones. I
prove that he has a permanent remuneration with his Insured card in Essalud
taken from the Internet website, and the photographic shots as a Motorcycle Taxi
Driver that I accompanied.
- For these reasons, a monthly pension of s/. 500.00 in favor of my youngest son
Jhon Harlyn Coronel Montalvan.
- Regarding alimony towards me, I renounce such right because the defendant is
very aggressive and resisted giving me alimony for my youngest son, much less
for me.

B. 2.- TENURE AND PARENTAL POWER OF MY SON:

- That, as I have said, the entire short existence of my son Jhon Harlyn Coronel
Montalvan has developed alongside me, under my care and protection, as I prove
it with the separation and alimony document signed on December 30 May 2011
before the Peace Court of Guadalupe, as well as with the conciliation document
signed on April 22, 2013 before the Conciliation Center of the Ministry of
Justice, my youngest son has been under the Custody and Possession of my
person, and the defendant had been occasionally receiving alimony and had a
Visitation Regime.
- That, I have always fully fulfilled my obligations as a responsible mother, since
with or without the defendant's pension I have been supporting him and making
my youngest son study, as I accredit with the certificate of studies that I
accompany issued by the IE N ° 179 “Heart of Mary” of the city of Guadalupe.
- That, my presence as a mother has been and is essential in the emotional
psychosocio-affective development of my youngest son, since I have always
ensured that all his needs are met, lavishing him with affection, love, attention,
accompaniment in his studies and everything that can only be lavished upon him.
a mother, even more so if my son is currently only 5 years old and has the urgent
need to continue by his mother's side.
- That, as I have been proving, the defendant was always threatening me that he
would take my youngest son from me if I did not return with him, until he finally
fulfilled his mission with the sole purpose of forcing me to return to his side to
 continue living in that dark atmosphere of violence, humiliation and constant
humiliation; The defendant did not care about the well-being of my son and took
him away from me at the end of last year 2013, denying me any contact with my
son, even though I have turned to various authorities in Guadalupe and the
province without finding protection. my rights nor the basic rights of my
youngest son.
- That, my youngest son is abandoned to his fate, since the defendant works two
shifts a day, both in the aforementioned full-shift security company during the
day or at night, as well as as a motorcycle taxi driver in his free hours, as I prove
with the photographic shots that I accompany where he is observed in his usual
work as a worker in the Surveillance service of the Company “Security” and as a
motorcycle taxi driver, which corroborates that he dedicates most of his time to
his jobs outside the house and my youngest son He remains all day under the
care and attention of the father of the defendant Mr. Eleuterio Coronel, 80 years
old, who is a person who rather needs support due to his advanced age;
Therefore, with this irresponsible attitude the only thing that has been achieved is
to destabilize my son and confuse him emotionally, causing him an irreversible
emotional and psychological disorder ; since you have taken it from my power,
changing it to an inadequate, unknown, hostile, lonely environment, with serious
limitations. Clarifying that I live in the company of my mother in a warm and
peaceful environment that my youngest son also shared.
- That, the defendant is an unreflective person, and with his irrational attitude, the
only thing he achieves is breaking the parent-child bond between the appellant
and my youngest son, who is caused serious and irreparable damage in his
education, reason for which I appear before the instance in order to request
effective Jurisdictional Protection

B.3.- SEPARATION OF COMMON ASSETS:

- That, with the defendant , we had acquired within the marriage an urban
property located on Calle Rosales s/n of AAHH Sixto Balarezo in the city of
Guadalupe, province of Pacasmayo, in front of the defendant's current house,
however, in an abusive and unilateral manner, we had been alienated, so there is
no real estate to be divided.
 - That, with respect to personal property, we have acquired a motorcycle taxi that
has been transferred by the defendant in favor of his relatives in order to hide it
from the marital partnership, and with respect to the household goods, he has
kept the household goods, for Therefore, since there are no assets to be divided,
at this point the sentence will only be declarative.

B.4.- COMPENSATION FOR DAMAGES:

4.1.- That, as I am proving the physical, moral, psychological damage and
permanent dishonor that I have been a victim of for several years caused by the aggressor,
his behavior must be sanctioned with compensation that ensures financial support to
compensate given the magnitude of the damages and losses caused against me, also
attacking the normal psycho-emotional development of my youngest son.

4.2.- I allege such facts because as I am proving it and it will be corroborated

in the process, the defendant has generated permanent acts of physical and psychological
violence against me, turning my life as a couple into unbearable and my tranquility and
peace into something very unattainable for me since everywhere he finds me he offends me
with dishonorable words, mentions of my mother's honor, epithets such as that I am a
prostitute, which motivated our definitive separation and in the future the consequent
judicial declaration of dissolution of marriage, being my person, the injured and aggrieved
spouse, for this reason these events must be sanctioned with compensation of TWENTY
THOUSAND NEW SOLS.

V.- LEGAL BASIS OF THE REQUEST :

Civil Code:
- Art. 333 inc. 2 agreed with art. 349 relating to physical and psychological
violence as grounds for divorce.
- Art. 348 regarding the purpose of divorce, which is the dissolution of the
marriage bond.
- Art. 345-A and 351 regarding compensation in case of loss and moral damage.
 - Art. 348 regarding the fact that divorce dissolves the marriage bond.
- Civil Procedure Code:
- Art. 130, 424 and 425 referring to the formalities and requirements of every
document of claim.
- Art. 480º and 481° regarding the procedural route and regarding the fact
that the Public Ministry is a party in this type of process.

VI.- AMOUNT OF THE REQUEST :

Regarding the main claim, which is divorce, by its very nature the amount is
negligible in money; but as for the Accumulated claim for Compensation for Moral
Damage and damages, the amount is TWENTY THOUSAND NEW SOLES whose
payment must be required from the defendant.

VII.- PROCEDIMENTAL ROUTE :

It is what corresponds to the KNOWLEDGE process.

VIII.- EVIDENCE MEANS :

A) Declaration of Party.- That the defendant will personally absolve in accordance
with the interrogatory document that I attach, under warning of law in case of
refusal or evasion.

B) Documentary film :
- Merit of the Marriage Certificate of the appellant with the respondent.
- Merit of the Birth Certificate of my son Jhon Harlyn Coronel Montalvan.
- Copy of Claim No. 091-2011 generated in Fiscal Case No. 2011 – 895 (and
Admission Order of claim for Family Violence), filed by the Family Prosecutor
of the province of Pacasmayo Dr. María Cecilia García Armas for Family
Violence against Elías Coronel Díaz in which the Legal Medical Certificate No.
000687-VFL and the Psychological Expertise Protocol No. 000727-2011-PSC-
VF are presented as evidence; lawsuit that led to the processing of Judicial File
No. 00206-2011-0-1614-JR-FC-01 FOR Family Violence before your office
 Secretary William Paredes Vásquez, which describes the cowardly physical and
psychological aggression caused by the defendant in my grievance , so I present
as evidence such Judicial file that will be taken into account when resolving .
- Separation and Alimony Act dated May 30, 2011 signed before the Second
Nomination Peace Court of Guadalupe, with which I prove that the defendant
was obliged to provide me with a pension of s/. 65.00 per week in favor of my
minor son, and a Visitation Regime was established, from which it can be
deduced that my person had been exercising custody and possession of my minor
son.
- Request to Conciliate and Conciliation Minute signed at the Conciliation Center
of the Ministry of Justice, Pacasmayo headquarters, because the defendant
unlawfully retained my minor son because my person did not return with him so
that he could continue with the violence. With which I prove that without caring
about the well-being of our son, I do not hesitate to abduct him and involve him
in relationship problems with the sole purpose of returning to his side, however
the Extrajudicial Conciliation Center of the Ministry of Justice demanded that
return my son to me, signing a conciliation agreement dated April 22, 2013.
- Copy of Claim No. 178-2013 generated in Fiscal Case No. 2013 – 638 (and
Admission Order of claim for Family Violence) filed by the Family Prosecutor
of the province of Pacasmayo Dr. Martín Eduardo Ocampo García for Family
Violence against Elías Coronel Díaz in which the Psychological Report No.
074/2013/MIMP/PNCVFS/CEM_PMYO/PS/Jocs carried out on me and the
Psychological Expertise Protocol No. 000709-VFL are presented as evidence;
lawsuit that led to the processing of Judicial File No. 00299-2013-0-1614-JR-
FC-01 for Family Violence , before your office, Secretary William Paredes
Vásquez, where the cowardly psychological aggression caused by the defendant
in my grievance is described , so I offer as evidence such a Judicial file that
will be taken into account when resolving.
- Copy of the sentence handed down in Judicial File No. 00299-2013-0-1614-JR-
FC-01 for Family Violence, before your office, Secretary William Paredes
Vásquez, the same one that declares the claim of Family Violence (Abuse)
founded Psychological) in my grievance, currently being consented and in
 execution, for which I offer as proof such Judicial file that will be taken into
account when resolving.
- Verbal Complaint Record and Conciliation Record before the Justice of the
Peace of First Nomination of Guadalupe presented in the month of July of the
current year 2014 in order for my minor son to be returned to me and the
violence in my grievance to cease, however the defendant He refuses to give me
my son.
- Essalud certificate taken from the website, where I certify that the obligor has a
job and remuneration for which reason the right to medical care has been
generated in said State institution.
- Certificates of Studies of my youngest son Jhon Harlyn Coronel Montalván, with
which I prove that he has needs to attend to.
- Photographic Shots of the defendant in his usual duties as a worker in the
Surveillance service of the Company “Security” and as a motorcycle taxi driver
(small vehicle with license plate No. 1517 from the “Vía de Evitamiento”
whereabouts signed with the number 51 of this whereabouts), with which It is
proven that he dedicates most of his time to his work outside the home and my
youngest son lives abandoned to his fate since the defendant entrusts the care and
attention of the minor to his 80-year-old father Eleuterio Coronel.

VII.- ANNEXES:
I attach as annexes:
01.A .- Legible copy of my ID.
01.B.- Marriage Certificate of the appellant with the defendant.
01.C.- Birth Certificate of my youngest son Jhon Harlyn Coronel Montalvan.
01.D.- Copy of Demand No. 091-2011 generated in Tax case No. 2011 – 895.
01.E.- Copy of the Family Violence claim admissory Judicial File
No. 00206-2011.
01.F.- Separation and Alimony Act before the Justice of the Peace of Guadalupe.
01.G.- Request to Conciliate at the Conciliation Center of the Ministry of
Justice headquarters Pacasmayo
01.H.- Conciliation Minutes signed in the Conciliation Center of the Ministry of
Justice headquarters Pacasmayo.
 01.I.- Copy of Demand No. 178-2013 generated in Tax case No. 2013 – 638.
01.J.- Copy of the Family Violence claim admissory Judicial File
No. 00299-2013 .
01.K.- Copy of the sentence handed down in Judicial File No. 00299-2013.
01.L.- Record of Verbal Complaint before the Justice of the Peace of the 1st
Nomination of Guadalupe.
01.-M- Conciliation Record before the 1st Justice of the Peace. Guadalupe
nomination.
01.N.- Essalud certificate taken from the website.
01.Ñ.- 2 Study Certificates of my little son Jhon Harlyn Coronel Montalván.
01.O.- Photographic Shots of the defendant in his usual duties.
01.P.- Interrogation sheet that the defendant will acquit.
01.Q.- Certificate of Qualification of the Lawyer.
01.R.-Fee for Offering Evidence.
01.S.- Exhortation fee.
01.T.- Notification Cards.

OTHERWISE I SAY : I request that before resolving the Civil Secretary of your
Court, Dr. William Paredes Vásquez, provide and submit to the Judicial Office the 2 Files
on Family Violence in my grievance, signed with the numbers: Judicial File No. 00206-
2011 , and Judicial File No. 00299-2013 , followed against the defendant, which I have
been offering as evidence.

SECOND OTHERWISE I SAY : I request that you issue an appeal to the

expedited Peace Court of the city of Guadalupe, so that it complies with the legal
formalities to notify the defendant at his indicated real address.

FOR THE EXPOSED :

I request that this document be qualified in

accordance with the law and that I be given the effective jurisdictional protection that I am
requesting because it is the justice that I hope to achieve.
San Pedro de Lloc, August 18, 2014.