rule 12(1)) : IR SECTION 13(1) OF THE PROTECTION ESTIC VIOLENCE ACT, 2005 RT OF [Link]) J.M. AT BARASAT, NORTH 24 PGS. 2. 733/e8 P/S: -Bontood— IN THE MATTER OF: Freclectionof Women, is Dv out gins . ' Kiyonke_ Debnath__ COMPLAINANT VERSUS. Guctipte, Ghoh___ RESPONDENT Thue (Gfanctan Alursin ghamne) [0~ Taki S the petitioner has filed an Spplication(s) under section 12 read with 2p 23 of the protection of Women from Domestic Violence Act, 2005 (43 of 2008) Wpe me hereby directedthe appear before this Court on the ... i 2024... at £6, 300 authorized: counsel of this Cot . day of O'clack in the morning/noon Personally [Link] a duly lurt: show) cause why. the relief{s) claime d by the. applicany against you should not bé granted, failirig which the Court shall Proceed expert against you Given under my handl and the seal of the Court of we 6 ON THE verses Cay OF 201 “R “Signature Seal of the Courtcease No. 36/2023 An pplication under section 12 of Protection of Woman from Domestic Violence Act, 2005, AND IN THE MATTER Ol SSE MATTER OF: An application u/s 18/19/20/22 of Protection of Woman from Domestic Violence Act, 2005. AND IN THE MATTER OF: RIYANKA DEBNATH W/o — SUDIPTA GHOSH D/o~ SUJIT DEBNATH(2) PRESENTLY RESIDING AT KUTUL SAHI ROAD, KHEy URTALA, LANE No-s, . — BARASAT, Ps. ~BARASAT, KOL—700124, DISTRICT— NORTH 24 PARGANAS, WEST BENGAL. PERMANENTLY RESIDING AT VILL— TAK! THUBA, P.O. —TAKI, P.s. — HASNABAD, PIN — 743429, DISTRICT — NORTH 24 PARGANAS, WEST BENGAL CONTACT No: 8101412146 - Petitioner / Aggrieved Person / Complainant/Applicant. VERSUS 1, SUDIPTA GHOSH S/O —SANJIB GHOSH RESIDING AT VILL -TAKI THUBA (SPANDAN NURSINGHOME), P.O. — TAKI, P.S. — HASNABAD,MOST RESPECTFULLY SHEWETI RE CTFULLY SHEWETH: a (3) PIN~ 743429, District NORTH 24 PARGANas, WEST BENGAL CONTAcT No: 9903143522 2. SANUIB GHOSH S/0 - UNKNOWN RESIDING AT PAR HASNABAD (D.P. HIGH SCHOOL) P.o, —TAKI, P.S. — HASNABAD, PIN — 743429, DISTRICT — NORTH 24 PARGANAS, WEST BENGAL CONTACT No: 9635967510 - Opposite Parties / Respondents. 1. That the crux of the case that the present petitioner is the complainant or aggrieved person is the instant case and the present application is being filed by the complainant under sections 12, 18(d), (f), 19(F), 20(i) (b) & (d), 22 & 23 of the protection of women from Domestic Violence Act, 2005.(4) as describeg hereunder: ger On account of the being unable to bear with the ¢. That after the marriage, the petitioner started living with her husband at her husband's permanent address i.e. the matrimonial home of the petitioner and they started to lead the conjugal life.(5) lent. e. That i , the complainant and her Parents at the time of marriage were made to lieve that the respondents i respondent no.1’s family, Marriage was arranged between the parties, All the demands of the respondent no.1’s family as regards jewellery, household items as well as the relatives of the respon and other items for them ™met by the complainant’s happy with the stridhan arti the society. f. That soon after the marriage the complaint realized that the respondent no.1 was very aggressive, angry and wanted to control the complainant in every respect. The complainant was not given any space of freedom to do anything in the house and was specifically told that she can’t do a job, which the complainant found very difficult to deal with but owin, ig to the values given to her by her parents, she always made every effort to deal with the miserable situation and keep quiet for the peace of mind for her parents. 8. That the accused are a person of immoral character and they used to treat the petitioner like a housemaid. They always used filthy and slang languages but the petitioner bother all those as she married from a middle class family and even not complaint anybody about the mental and physical torturing caused by the accused.(6) k. That the complainant states that the respondent no.1 had a grave drinking Problem and as a result, he drank alcohol very heavily. He had No control over his drinking. The respondent no.1 would get drunk, get loud and abusive in the dirtiest of abuses, throw up, pass out, get violent spit on the complainant and make life hell for the complainant. The respondent no.1 never bothered about their son and would become abusive physically and become totally uncontrollable in front of their child. The complainant's requests and pleadings to drink within limits were met with angry and violent physical backlash and Opposition from the respondent no.1.(7) 0. That the complainant states that when the respondent gets into a rage he completely loses his control, is abusive and violent and becomes like a demon, The complainant got no support or help from his parents and in law’s i.e. the rest of the accused and on the contrary, they encouraged and sided with the respondent no.1 and wanted the complainant to cooperate with this animal behavior and live with it without complaining or talking about it to her family. The respondent no.1’s Parents discouraged her from telling her parents about these incidents by saying that this would further annoy the respondent no.1 and disturb the peace of the family.(8) Parties bec, his assault, p| ‘Me more estranged, The hysical, Emotional abuse and they 6 Under the Same roof, were like Strangers livin, . That after the Marriage, the Petitioner came to No.1 had Married the Petitioner by concealing the The Petitioner also I arned that the res fall ill and die, Unabl father, his mother committed suicide. Within father (respondent No.2) married another wor respondent no.1’s Mentality of not giving du is actually hereditary. know that the respondent Secret of her mother’s death. ‘nt no.1’s mother did not actually 'e cruelty of the respondent no.1’s days of his mother’s suicide, his man. Petitioner realizes that fe respect of wife and torturing her vr. That the fi rst pregnancy Period of the look after u Pon the petitioner and tortured by the respondent regula made pressure to bring money fro: Confined within four walls. By con: matrimonial jobs as maid servant starvation. Subsequently, 01/10/2020 and in this re; petitioner, the respondent no.1 did not in this Pregnancy period, the Petitioner was rly, the respondent No.1 and respondent no,2 m her father’s house and on refusal, she was suming all such humiliation se used to do all and frequently she Passed her days with the petitioner was given birth one male child on garded; all the expenses were borne by the Petitioner’s father. Then your petitioner thought that the respondent no.1 would change his aforesaid illegal attitude but no fruitful result was produced. When the petitioner informed respondent no.2 (father-in-law of petitioner) a his second wife about this, they verbally abused the petitioner on behalf ba Son and threatened, “BESHI BARABARI KORBI LATHI MERE TOR PETER pace NOSTO KORE DEBO”. She tolerated everything as it was for the sake of her child.(9) Ind admitted her to “Taki Rural 'd the Petitioner, she changed her lice station. Despite all this, the and and child. decision to report the complaint to the p ited to stay with her husb; t. That on 18/03/23 the having an illicit relations Petitioner protested in tl intoxicated. Hearing thai Petitioner wan: Petitioner came to know that the respondent no.1 was hip with a woman named Shreyashi. When the ‘his regard, the respondent no.1 severely beat her while it the respondent no.1 was beating the petitioner, when the petitioner's sister came to the spot, the res; pondent no.1 also threw a plastic chair at her sister. u. That the respondent and his father Put pressure on the petitioner to bring Rs. 60,000/- (Rupees sixty thousand) from her father. The petitioner’s father was forced to pay that amount for his daughter's happiness. The respondent started to inflict several mental cruelty to the petitioner and also inflicted physical assaulting in different time with the demand of more dowry and alleged that the stridhan articles given by the parents of the petitioner are not up to the mark. When the petitioner refused to bring money from her parents then the accused assaulted the petitioner with fist and blows in different time and tried to kill the petitioner by strangulation. In the same way, the rest of the accused also put pressure on the petitioner and her family to fulfill their demand. They used to torture her mentally by using filthy language.(20) description. w. That on 28/04/23, when the Petitioner went to the respondent no.1’: to fetch some useful items of hi is son, the respondent no.1 and respondent no.2. 's house Petitioner was again harassed by the x. That the complainant could not tolerate the torture, cruelty and behaviour of the respondents any more. The respondent made no efforts to check upon the complainant of her son throughout this period who was under such a mental stress and trauma at such a tender age. Y. That the respondent no.1 is earning handsomely. The exact figures are not known to the complainant. With the view to avoid paying maintenance and Supporting the complainant and children, he is making excuses that he is making excuses that he is not working anywhere. z. That in 3 years, the complainant has selflessly given in this relationship emotionally, physically, mentally, monetarily demanded nothing but self- respect, support and love which she was deprived off. The respondent has provided the complainant with no financial security.(ay) | aa. That the compla; Plainant toda is | it confidence, x, on y eft with No-respect, no Self-esteem, no eee " ey and everything has been taken away from her. The . unable ee a hattered today. The Complainant is meee ai a her has no choice but to fall on her : ‘or financial ion for the basics needs like food, clothing, ly and Emotionally s| T Child as such she The complainant is mentally, Physically and emotionally scarred/ drained and she is unable to carry on an lymore like this. cc. That the respondent No.1 is having sufficient means but despite that is neglecting and refusing to maintain the complainant and the minor son. Complainant is unable to maintain herself or her son. It is prayed that Ld. Court may take cognizance of the complainant and pass all of the order, as deemed necessary in the circumstances of the case: a) Pass protection orders under section 18 and b) Pass residency order under section 19(12) and ¢) Direct the Tespondent to Pay monetary relief Under section 20 and d) Pass orders Under section 21 of the Act and ¢) Direct the Respondent to grant compensation or damages u/s 22 of and d) Pass such interim orders as the court deems and just and proper, e) Pass any order as deem fit in the circumstances of the case. Orders Required : !) Protection Orders Under Section 1: 1. Prohibition acts domestic violence by granting an injunction against the Respondents from repeating any of the acts mentioned above.(23) M1) Residence Orders Under Section 19 I!) Moneta: Reliefs Under Section 20. 1-RS. 12,000/- (Rupees twelve thousand) Per month towards maintenance for herself and her children, 2. Rs. 10,000/- (Rupees ten thousand) towatds litigation expenses, 3. Any other order, please specify. !V) Compensation order under section 22 Directing the Respondent to pay the amount of Rs, 25,00,000/- (Rupees twenty five Lakhs towards compensation for damages under the Protection of Women from Domestic Violence Act 2005. 1. Any other order, please specify. V) Interim Relief under Section 23 a) In the light of the above mentioned facts and circumstances of the case and the fact that the complainant is completely without the basic necessities of food, maintenance and shelter and hasCe interi rim order for grant of Maintenance of Rs. 30,000/- (Rupees thirty thousand) Be ranted in favour of the Complainant. b) The complainant all throughout her married life has been treated the respondents with utmost cruelty both mental and physical, and has a Prime facie in her favour. It is further stated that the respondents have committed numerous acts of domestic violence and entitled to Protection under the present act from the respondent by the police otherwise grave Prejudice and harm would be caused to the complainant and her minor son. Vi) The complainant is residing within the local limit of jurisdiction of this Hon’ble Court and hence, this Hon'ble Court has the jurisdiction to entertain the Present petition.Place: Barasat. Sn Date: Complainant/ Agegrieved Person Through Counsel Signature Identified by me (Advocate)VERIFICATION I, RIVANKA DEBNar, TS SNATION Sahi ie Putte Ghosh, D/o - sujit Debnath, Presently Barasat, Kol~ 799 fet vuttala Lane No~5, p.o, — Barasat, P.S, — 124, District North 24 Parganas, Taki Thuba, P.O. Taki, Ps, — Hasnabad, Pin - rganas, West Bengal, do hereby declare that lam ‘ments made in the foregoing Paragraph are true is my humble submission day of May, 2023 at Barasat West Bengal and with the state: eee Signature of the Deponent Identified by me (Advocate)or |, RIYANKA DEBNATH AFFIDAVIT PIN at Kutul ahi gad? SUlPta Ghosh, D/o suf Debnath, Presently Barasat, Kol _ Sad, Khejurtala Lane No —5, P.O. —Barasat P.S. = Y Tesidin bile North 24 Parganas, West Bengal and 6 at Vill ~Taki Thuba, P.O. —Taki, P.S. — Hasnabad, Pin - 24 Parganas, West Bengal, by Nationality- indian, By ‘Upation — Housewife, do hereby solemnly affirm and Religion — Hindu, By occ declare as follows: 1. That, | am the Petition ler of the instant case and well conversant with the facts and circumstances of the case, This is true to my knowledge. 2. That the statements made in the foregoing paragraphs in the application are true to my knowledge and my belief and rest are my humble submission before the Ld. Court. . This is true to my knowledge. That the statements made above are true to the best of my knowledge and belief. Signature of the Deponent Identified by me (Advocate)