IN THE COURT OF LD.

METROPOLITAN MAGISTRATE,
ROHINI COURTS, DELHI.
PETITION NO. ______ /2014

In the matter of:

Smt. Anesha

Aggrieved Person/Petitioner
Versus

Sh. Mohd. Mubarik& Ors.

Respondent

APPLICATION TO THE MAGISTRATE UNDER SECTION 17,18,19,20 & 22 OF

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT.2005 (43
OF 2005).
MOST RESPECTFULLY SHOWETH:
1. That the application under section 17,18,19,20,22 of Protection of Women
From Domestic Violence Act, 2005 is being filed along with a details of
Domestic Violence incident by the aggrieved i.e. applicant "Smt.
Aneesha" as under :-

2. That the complainant/aggrieved person was married to the respondent on

20.07.2007 at Rajasthan according to muslim rites and ceremonies and
the petitioner/complainant is legally wedded wife of the respondent. That
after the marriage, the complainant and respondent lived and cohabited
together during the time frame of July 2013 to August 2014 as husband
and wife at her matrimonial home/ shared household in Rajasthan. The
marriage was consummated between the complainant /aggrieved person
and the respondent and one daughter children were born out from this
wedlock. The daughter is at present only six months old.
3. That the marriage of the complainant/aggrieved person and the
respondent was performed with a great pomp and show. The parental
family members and the relatives of the complainant had spent a
considerable sum of money over the solemnization of her marriage with
the respondent beyond their status and financial capability and had
presented cash in tune of Rs. 3,00,000 to the respondant and family, gold
weighing about 10 tolas was also given and silver weighing about 1 kg in
form of bangales, 2 pairs of jajebs and chain, jewelry, electronic items,
valuable clothes, kitchen utensils and other customary items to the
complainant. The parental family members and the relatives of the
complainant had spent huge amount upon the marriage solemnization
expenditure and feast, gifts, dowry, cash and other luxurious items. That

both complainant and her elder sister, namely Shakila Bano were married
together at the same marriage ceremony. Complainants elder sister got
married to Mohd. Arif, who is the real brother of complainants husband
Mohd. Mubarik, respondent in this present case.
4. That shortly after marriage , elder sister of the complainant was beaten
and abused by her husband mohd. Arif , in-laws and my Mohd. Mubarik.
As such the respondent and his family members started committing
cruelties towards complainants elder sister and they gave not only
physical torture and beatings to the complainant but also gave mental
torture and cruelties. Besides the same, the respondent and his family
members committed untold miseries towards the complainants elder
sister. That Complainants father bought his elder sister back to his house
and wasnt inclined to send her back to their place again.

5. That complainant was also residing with her father after marriage with
Mohd. Mubarik. As, she was considered as quite young to take on
matrimonial responsibility and her father want to observe the behavior of
complainants in laws first. That it was only after assurance from the
respondents family and pressure of the community people that elder sister
of the complainant was sent six times back to her matrimonial home
without sending the complainant along with her. But, behavior of the in

laws never changed. As, her sister never stayed in the matrimonial home
for a period extending 2-3 months.

6. That on the 7th times, complainant was sent along with sister to their
matrimonial home. The situation didnt change as elder sister of the
aggrieved person with treated with cruelty. That the family member of the
respondent called both the aggrieved person and her elder sister as
Randi and Vaishya . Both aggrieved person and her sister were
harassed mentally as well as physically for not giving sufficient dowry at
the time of marriage. The husband of the aggrieved person harassed her,
for not supporting him and his brother in harassment of Shakila Bano
(elder sister of complainant). The sister of the complainant tried to commit
suicide by jumping off the terrace of the matrimonial home. Fortunately,
complainant saved her from committing suicide.

7. It is worthwhile to mention here that mother in law of the elder sister of

the complainant used to pull the hair of the sister of the petitioner on petty
issues. Also used to torture and beat the sister of the complainant in the
ground of insufficient dowry. That whenever Shakila Bano, uses to be in
the matrimonial home, use to commit extreme cruelty on the sister of the
complainant. The respondent and his family members did not allow the
sister of the aggrieved person to take necessary articles including clothes
to her parents house.

8. It is also pertinent to mention here that complainant is completely

dependent on her parents for her survival as well as survival of her 6
months old daughter. The father of the complainant is a heart and sugar
patient and is also not working now. The elder brother of the complainant is
working for a meager salary of Rs 12000 P.M and has a wife and daughter
to be looked after. Also younger brother of the complainant is also married
now. He too has his wife to be maintained and looked after. The father of
the complainant is till in process to repay the debt incurred during the
marriage of his two daughters . The amount spend by the father of the
complainant was Rs 7 lakhs.

9. That the in-laws have made continued demands for motorcycle, new
model mobile phone and more cash. Its very difficult for the father of the
complainant to meet, the continued demands of the in-laws of the
aggrieved person. As debt incurred by the father of the complainant of Rs
7 lakhs has not been paid as yet. Despite of the respondent owning large
amount of property which is both moveable i.e motorcycle and two mobile
phones and immoveable property i.e three houses
10. The mother-in-law of the petitioner used to taunt and abuse the petitioner
for bringing cheaper gold sets and jewellery articles. The mother-in-law

used to taunt and abuse the petitioner on daily basis. The petitioner
informed her parents about the taunts and abuses of her mother-in-law
and the parents of the petitioner, in order to save the petitioner from these
ugly taunts and abuses got the gold set and gold tops exchanged with the
set and tops of high value and heavier weight. The family members didnt
use to give proper diet to the aggrieved person. The proper diet required
for a pregnant lady wasnt provided to the aggrieved person in the
matrimonial home. Food was never given on time to the aggrieved person
and fruits were also not provided.
11. During her stay at her matrimonial home the respondent and his family
members adopted a number of tactics to harass, humiliate and torture the
complainant and the complainant has been tolerating maltreatment,
misbehavior, their beatings and their other illegal activities with the
intention to save her marriage ties intact and her the welfare of the child
sand with the hope that one day or the other the respondent mend their
ways and will definitely realize the reality but the respondent and his other
family members did not mend their ways and they continued harassing and
torturing the complainant/aggrieved person.

12. After the marriage of petitioner/complainant with the respondent, the

mother-in-law and sister-in-law started comparing the marriage of the
petitioner with the marriage of other individuals and complained that they

received very less articles in the marriage of respondent to with the

petitioner in comparison to his friends who received huge amount of gifts
and cash on account of their marriages.

13.

The complainant/aggrieved person was compelled to do all the

household chores. It was the daily routine of the complainant/aggrieved

person to prepare all time meals for all the family members and to do all
the domestic chores including dusting, cleaning of the house twice and
thrice a day, cleaning utensils and washing of clothes, ironing of clothes.
The respondent used to criticize the petitioner for the work done by her.
The complainant/aggrieved person used wake up in the morning and go
the bed late night after completing all the house hold work. The
complainant/aggrieved person took all the responsibilities of the family of
the respondent and sincerely performed all her duties towards her
husband and in-laws. Even then the respondent and the other family
members were not happy with the complainant/aggrieved person. The
reason behind such a rude attitude of the respondent towards the
petitioner was less dowry articles brought by her in the marriage.
14.

The respondent and his family members never took care of the

infant child. The petitioner took all the care of the child herself. The
respondent and his family members never spend a penny over the
petitioner and her child.

15.

It is also worthwhile to mention here that the respondent and his

family members also used to demand money from the petitioner and
always used to ask the petitioner to get money from her parents. The
parents of the complainant in order to save the matrimonial life of the
petitioner gave money to the respondent many times..
16.

That the complainant/aggrieved person is neither gainfully

employed, or working any where in any capacity, unable to maintain

herself, manage residential accommodation on her own or on rent, or
meet medical expenses, and litigation charges for prosecuting present
complaint. It is pertinent to mention here that the petitioner has lost her
health and reputation because of the respondent and respondent has
already grabbed all the savings and earnings of the petitioner.

17. That the respondent is at present working is working in rajasthan in

jhunjhunu. He is earning a handsome income by property dealing of Rs
30000 P.M. He is also doing private business of mobile tower and earning
about Rs 10000 per month. During her stay in the matrimonial home. a
daughter was born to the complainant. That it is pertinent to mention here
that the respondent has intentionally, wilfully and deliberately neglected to
maintain the complainant/aggrieved person and he is guilty of committing
economic, physical and mental, domestic violence on the person of

complainant. Food was never given on time to the aggrieved person and
fruits were also not provided at the time of pregnancy.
18.

The undue and illegal harassment, pressure and compulsion

caused by the respondent, resulted in serious deterioration of the health

of the complainant/aggrieved person due to which she is unable to do any
work. That the complainant/aggrieved person is unable to maintain herself
as the complainant/aggrieved person has no source of income and she
does not possess any movable and immovable properties in her name.
The petitioner does not even possesses any professional educational
degree.

19.

That the respondent intentionally, wilfully and deliberately has

neglected to maintain the complaint/aggrieved person and he has caused

economic Domestic Violence against the complainant.

20.

That the respondent by their said acts have committed physical

verbal, emotional and economical abuse to the complainant

21.

That the respondent have denied/deprived the applicant to reside in

her shared household and use all the facilities provided before the

desertion of the applicant. The respondent has not paid any money
towards the maintenance of the applicant, ever since 06.08.2014 nor
made any provision for her maintenance till date.

22.

The complainant/aggrieved person would suffer irreparable loss and

injury to her life and property if the relief prayed for is not granted.

It is, therefore, prayed that the Hon'ble Court may kindly be pleased to
pass

ad-interim

ex-parte

protection

orders

in

favour

of

the

complainant/aggrieved person and prohibit the respondent, their agents,

employees, servants, associates, etc. from :-

Protection order under section 18

Pass protection orders in favour of the Complainant/aggrieved person and
prohibit the respondent from:
a. Committing any act of domestic violence by granting an injunction against
the respondent from repeating any of the acts mentioned in terms of
provisions of the Domestic Act/Application.
b. That is clear from the sequence of cruel events, clearly caused by the
Respondent upon the aggrieved itself shows that the respondent do not

deserve to talk or to communicate with the complainant/aggrieved

person/aggrieved in any manner. The instance(s) of the cruelties caused
by the respondent for demand of dowry and other reasons have
mentioned in other application in detail and the same be read as the part
and parcel of this para and the same are not being repeated here for the
sake of brevity.
c. Causing violence to the complainant, other relatives or any person[s] give
to the aggrieved person assistance from domestic violence.
d. Committing any other act as specified the protection.
e. Direct the S.H.O of the concerned police station to give protection to the
aggrieved person/complainant/aggrieved person.
f.

Direct the respondent to handover the custody of the child to the

aggrieved person and to provide them maintenance.

g. Prohibiting alienation of assets by the respondent;

There is much possibility that the respondent may alienate their assets
in order to deprive the right of the aggrieved on being the legally
wedded wife of the respondent. The respondent belong to a good
status and possess various moveable and immovable properties,
comprising of residential and other properties, including shared
household properties.

Residence Order under section 17/19:

Directing the respondent not to restrain the aggrieved person to enter the
shared household, if protection is given to the aggrieved.
Directing the respondent to provide separate residence to the aggrieved at
the same level as her shared household and all the facilities like water,
electricity, cable, gas connection or provide rental accommodation and
pay the rent of rental accommodation and pay charges of water, gas,
electricity,

gas

connection

etc

as

it

is

impossible

for

the

complainant/aggrieved person/aggrieved to live with the respondent.

And;
Restraining the respondent from:
Dispossessing or throwing the aggrieved person/complainant out
from the place of residence if so provided by the respondent;
To direct not to disconnect the electricity and water connections
after allowing her to use the place of residence if so provided by the
respondent;
Restraining the respondent from dispossessing or any other manner
disturbing the possession of the aggrieved person from the place of
residence if so provided by the respondent;
Alienating/disposing/encumbering the shared household.

 Renouncing her rights in the shared household.

An

order

directing

the

respondent

not

to

sell

the

return

the

articles/stridhan/jewellery and other house hold goods;

An

order

directing

the

respondent

to

articles/stridhan/jewellery and other house hold goods;

Any other order.

Monetary reliefs under section 20;

ii

Medical Expenses of Rs.5000 -.

That the attitude of the respondent towards the complainant/aggrieved

person/aggrieved is tyrannical because they have the sole motive to
squeeze financially as much as possible from the parents of the
complainant/aggrieved person. They adopted the method of harassment
so that the parents of the aggrieved may act, according to the demands
and desires of the respondent. The respondent have determined
themselves to cause atrocities, domestic violence on the aggrieved
person so that either they may get rid-off the responsibility of the
aggrieved person or they may get dowry as per their demands/desires.
The behavior of the respondent towards the aggrieved person had always
been cruel and as result of which there has been continuous degradation

of the health condition. Due to the stiff mental tension and the degradation
of the health condition, the aggrieved person has permanently developed
low blood pressure. All the medical expenses of the aggrieved person
during the period of her stay in her shared house hold were borne by her
parents. The parents of the aggrieved person till now has spent up to Rs ________ therefore this Honble Court may be pleased to direct the
respondent to pay Rs.50,000/- on account of medical expenses and also
direct him to bear all other future medical expenses of the
aggrieved/complainant/aggrieved person/complainant/applicant.
Xi]

Any other loss due to damages or removal of the properties

from the aggrieved person.

Xii] All the stridhan including her total jewelry are in the possession of
the respondent, therefore this Honble Court may be kind enough to direct
the respondent to return her stridhan including her total jewelry and to pay
damages on account of loss and destruction of the stridhan done
intentionally.
o Directing the Respondent to pay

Rs________ towards her

maintenance on the following expenses as monetary relief:

o Food, clothes, medications and other basic necessities for herselfRs. ________/- per month

o Electricity, water, conveyance and cable charges Rs._________-/per month

o Charges for domestic servant and entertainment charges
Rs._________/- per month
o Any other expenses Rs._________/ per month
o Total amount claimed ____________ per month

P R A Y E R :It is, therefore, most respectfully prayed that this Hon'ble Court be pleased
to grant the reliefs claimed herein and pass such interim order as may 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 Act in
the interest of justice.
Any other or further order(s) which this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case and in the interest of justice.
It is prayed accordingly.
Delhi:

Complainant /aggrieved person

Dated: __06.2014 Through:

Counsel