IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,ROHINI
COURTS , DELHI
C.C. NO. OF 2023
IN THE MATTER OF :
MS. TRIPTA ...APPLICANT/AGGRIEVED PERSON
VERSUS
MS. VIDYA DEVI ...RESPONDENT/ACCUSED/PERSON
INDEX
S.NO. PARTICULARS OF DOCUMENTS PAGE NO.
1. Memo of parties.
2. Application to the magistrate under
section 12 of the protection of women
from domestic violence act, 2005 (43 of
2005)
3. Affidavit under sec.23 (2) of the protection
of women from Domestic Violence
Act ,2005
4. List of witnesses
5. List of Documents alongwith documents
6. Authority letter issued by DLSA
DELHI APPLICANT/AGGRIVEVD PERSON
DATE:
IN THE COURT OF HON’BLE, CMM, MAHILA COURT NW,
ROHINI COURTS, NEW DELHI.
C.C. No. 2023
IN THE MATTER OF:
MS.TRIPTA ...APPLICANT /AGGRIEVED PERSON
VERSUS
MS. VIDYA DEVI ...RESPONDENT/ACCUSED PERSON
MEMO OF PARTIES
IN THE MATTER OF :-
MS. TRIPTA
W/O HEMANT KUMAR
R/O K -915, MANGOLPURI
N BLOCK NORTH WEST, DELHI
110083,
APPLICANT/AGGRIEVED/PERSON
VERSUS
1. MS VIDYA DEVI (MOTHER IN LAW)
W/O HEERA LAAL
R/O K-915, MANGOLPURI
N BLOCK NORTH WEST, DELHI
110083,
RESPONDENT ACCUSED/PRESON
DELHI APPLICANT/AGGRIEVED PERSON
DATE
THROUGH
LAC. SHIVANI SHARMA
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE ,
ROHINI COURTS , DELHI
C.C NO. OF 2023
IN THE MATTER OF :
MS. TRIPTA
W/O HEMANT KUMAR
R/O K -915, MANGOLPURI
N BLOCK NORTH WEST, DELHI
110083,
...APPLICANT/AGGRIEVED/ PERSON
VERSUS
1. MS VIDYA DEVI (MOTHER IN LAW)
W/O HEERA LAAL
R/O K-915, MANGOLPURI
N BLOCK NORTH WEST, DELHI
110083,
...RESPONDENT/ ACCUSED/PRESON
P.S:- MANGOLPURI
APPLICATION UNDER SECTION 12 OF PROTECTION OF WOMEN
FROM DOMESTIC VIOLENCE ACT 2005
LEGAL AID CASE AIDED BY DLSA
MOST RESPECTFULLY SHOWETH:
1. That the aggrieved person is filling the present application U/s 12
R/w section 17, 18, 19, 20, 21 ,22 and 23 of the Protection of
Women from Domestic Violence Act against the respondents. The
aggrieved person is seeking protection from the Hon’ble Court in the
nature of protection, residence, monetary reliefs and compensation.
2.That the brief facts of the case leading to the filling of the present
application are as under :-
i. That the applicant was marriage with the respondent’s son shri.
Hemant kumar on dated 20/05/2014 the marriage was solemnized
according to Hindu Rites and ceremonies was at Delhi .
ii. That after the marriage, the applicant resided with the
respondent . The said marriage was duly consummated and
cohabited however , two child was born out of this wedlock both
children are girl child.
iii. It is a love marriage of the applicant was performed with the
all pump and show and parents of the applicant spent average
amount on the marriage and dowry articles and jewellery of gold
was given to the respondent ( mother in law ) at the time of
marriage .
iv. That after the marriage the respondent ( mother in law ) was
started taunting the applicant for not bringing sufficient dowry
articles according to their status and expectation and always
humiliated the applicant in presence of relative and neighbour
that the respondents taunted that the marriage arrangements
were not good and upto the mark and said that the applicant had
come from a poor family and they forced the applicant to bring
more dowry cash .
v. The applicant is as a devoted Hindu wife always treated the
respondents with full respect and also fulfilled all the duties and
Sob ligation towards the respondents.
vi. That just after few days of marriage the mother in law i.e.
vidya devi asked the applicant to hand over the entire jewellery
to her and the applicant handed over the entire jewellery to her
mother in law Which are in custody of complainant mother in law
till today.
vii. That after the marriage of few days the behaviour of the
respondent was normal but later she started harassing ,
torturing and humiliating the applicant on petty issues. Not only
this, the respondent forced the applicant to bring more dowry
and cash for her parental house and whenever the applicant
showed her inability, she was physically beaten by the
respondent .
viii. That the attitude of the respondent was very cruel towards the
applicant on one pretext or the others . The respondent used to
ask the applicant to do all the household work . The applicant
used to do all the household work like a maid in the matrimonial
house .The respondent used to comment on the food prepared
by the applicant because due to in proper rest and burden to do
the entire household work , the applicant could not get proper
rest and sound sleep which distress her health.
ix. That the respondent used to give beating to the applicant by one
the instance of his father as he always used to find faults on the
applicant and about her activates in the house hold work and the
respondent beaten the applicant .
x. That the respondent who used to quarrel , abuse and beat the
applicant to bring more dowry I am in danger of life from my
mother in law , She always used to talk filthy language with me
and my husband also. My husband is a very kind person he
always support me and save me from my mother in law when
she beat me mercilessly and slapped me. My husband behaviour
is the only support that i have been suffering for 10 years .
xi. That The respondent always against the applicant , used to
beat the applicant mercilessly and says that “ TU CHHOTE
GHRSE AYI HAI NA KOI DAHEJ LAYI NA THIK SE SAMAAN OR
AULAAD K NAME PR DO BETIYA PEDA KRDI , TERE UPR TO ME
TEJAB FEK DUNGI TB PTA CHALEGA TUJHE’’.
xii. That the respondent always taunted the applicant for not
bringing sufficient dowry articles and forced the applicant to
bring more dowry and cash from her family members and when
the applicant showed her inability, she physically beaten by the
respondent but the applicant husband is a peace loving person
so he never force to the applicant to asking any dowry from her
family .
xiii. That the applicant lodged a complaint against her mother in law
Vidya Devi on dated:- 09-05-2023 to DCP at PS- OUTER
DISTRICT , Pitampura vide DD no. 74A. Second complaint on
dated;-27-5-2023 to SHO AT PS- MANGOLPURI THANA .
xiv. That the respondent always used filthy language with applicant
and her husband or children respondent did not like her grand
daughters because she always want a grand son, the
Respondent threatening to make a false complaint on the
applicant and her husband .She has already got her sons inside
by making a false complaint ,She take undue advantage of being
a senior citizen and threatens.
1. That the applicant is not employed anywhere and have no moveable
and immoveable property in her name. The applicant is totally
depend on her husband and his family respondent have taken place it
yet the respondent still used filthy language , torturing and threatening
the applicant ,In ten years of married life the applicant not lived
peacefully Because of her mother in law the ( respondent ) .
2. That the respondent have caused the utmost cruelty and domestic
violence against the applicant without any reason and rhyme.
3. That has started here in above, the respondent have abused the
applicant, mentally ,emotionally and physically and have thrown out the
applicant in pursuance of an elaborate conspiracy.
4. That the applicant is also entitled for the protection order U/s 18 of the
act from the respondents as there are every apprehension for further
causing domestic violence during the stay at the matrimonial/shared
houses after filling the present application.
5. That the applicant is also entitled for compensation of RS. 5,00,000/-
from the respondents on account of causing damages, injuries, mental
torture and emotional distress caused by the domestic violence
committed by the respondents. The applicant is also at present in the
depress state of mind as a result of violence meted upon her.
6. That the applicant is seeking orders under section 19(8) of the act
directing the respondents to return all the istridhan articles and other
belongings, which are at present under the custody of respondents.
7. That the marriage between the applicant and the respondent was
solemnized at Delhi and the applicant is residing at mangolpuri , Delhi .
Hence, this Hon’ble Court has jurisdiction to try and entertain the
present application at present is residing within the jurisdiction of this
Hon’ble Court.
PRAYER
It is therefore , most respectfully prayed that this Hon’ble Court may
please to take cognizance of the application and grant relief (s) as under:
PROTECTION ORDER U/S 18 OF THE ACT
Pass an order thereby Prohibiting and restraining the respondents
of their agents from committing and repeating any act of Domestic Violence
against the applicant is terms of column (b) (c) (d) (e) (f) (g)
RESIDENCE ORDER U/S 19 OF THE ACT
(a) Pass an order thereby directing the respondent to allow the application
in the house or directing the respondents to secure same level of
alternative accommodation .
(b) Further Pass an order thereby directing the respondent and/or their
agents to return the Istridhan and /or other belonging of the applicant
to her, which are presently in the custody of the respondent .
GRANT MONETARY RELIEF U/S 20 OF THE ACT
(a) Directing the respondents to pay the following expenses as
monetary relief:
(b) Food , Clothes, Medications and other basic necessities Rs. 15,000/-
(Rupees fifteen thousand only ).
COMPENSATION ORDER U/S 22 OF THE ACT:
Pass an order thereby directing the respondent to pay
Rs.8,00,000/- as compensation and damages for the mental torture and
emotional distress suffered by the applicant due to the act of domestic
violence committed by the respondents. Any such other order/relief
which this Hon’ble Court deem fit and proper in the facts and
circumstances of the case may kindly also be passed in favour of the
applicant and against the respondents.
Delhi APPLICANT /AGGRIVED PERSON
DATED:
THROUGH COUNCEL
VERIFICATION:
Verified at Delhi on This day of June , 2023 that the
contents of para No. 1 to 4 are true and correct of my personal
knowledge and belief and those of para No. 5 to para No.7 are
true on information received and believed to be true Last para is
prayer to this Hon’ble Court.
APPLICANT/AGGRIEVED PERSON
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS, DELHI
IN THE MATTER OF :
MS.TRIPTA ...APPLICANT/AGGRIVED PERSON
VERSUS
MS. VIDYA DEVI ...RESPONDENTS/ACCUSED/PERSON
AFFIDAVIT UNDER SECTION 23 (2) OF THE PROTECTION
OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005
I, Ms. TRIPTA W/o Sh. HEMANT KUMAR, age Years R/o K 915
MANGOLPURI N BLOCK,NORTH WEST DELHI 110083 , do hereby solemnly
affirm and declare as under:-
1. That I am the aggrieved person / applicant in the accompanying
application under section 12 of the Protection of women from
Domestic Violence Act, 2005, seeking protection , residence and
monetary compensation orders under section 17, 18, 19, 20, 22 ,23
of the protection of women from domestic violence act.
2. That being conversant with the facts and circumstances of the case,
I am competent to swear this affidavit.
3. That the details provided in the accompanying application for grant
of relieves under section 18, 19, 20,21 & 22 23 of the Act have been
entered at my instructions and i have read the same.
4. That the contents of the said application may be read as part of the
affidavit and the same are not being repeated herein for the sake of
brevity.
5. That I apprehends the infliction of violence upon me by the
respondents and/or their agents after filling of the accompanying
application.
6. That I am filling the present affidavit under section 23(2)of the act
seeking urgent and immediate interim and ex-pate orders
restraining the respondent from inflicting violence upon me and
interim orders directing the respondent not to dispossessed the
applicant from the shared house and not to enter the portion in
which the deponent resides and also to pay maintenance to the
deponent.
7. That the relief claimed by me by way of present affidavit are urgent
in as much as i am facing grave hardship. I would suffer irreparable
loss and injury in case the relief(s) as prayed as not allowed in my
favour.
8. That the fact mentioned herein are true and correct to the best of
my knowledge and belief and nothing material has been concealed
therefrom.
9. That I have a good prima facie case and the balance of connivance
also rests in my favour
PRAYER:.
In view of the above I therefor , pray that this Hon’ble
Court may be pleased to
(a) Pass an ex- parte ad-interim / interim order restraining and
prohibiting the respondents and /or their agents from
committing any act of domestic violence upon me.
(b) Pass an ex-parte ad-interim / interim order directing the
respondents to pay monthly maintenance to the applicant
during the pendency of the accompanying application.
(c) Pass any order ex-parte , ad-interim / interim order or direction
as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the case in my favour and against the
respondents .
DEPONENT
VERIFICATION:-
Verified at New Delhi on this day of ,2023 that the contents of
the above affidavit are true and correct to the best of my knowledge
and belief. Nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS, DELHI
C.C NO. 2023
IN THE MATTER OF :
MS. TRIPTA ...APPLICANT/AGGRIVED PERSON
VERSUS
MS. VIDYA DEVI
...RESPONDENTS/ACCUSED/PERSON
AFFIDAVIT
I, TRIPTA AGED ABOUT YEARS W/O SH.HEMANT KUMAR ,R/O-
915 MANGOLPURI N BLOCK NORTH WEST DELHI 110083 , do hereby
solemnly affirm and declare as under :-
1. That the deponent is the applicant in the above noted case and
well conversant with facts and circumstances of the case and as
such I am competent of swear the affidavit .
2. That the accompanying complaint has been drafted by my
counsel under my instructions which are correct and may be read
as the part and parcel of this affidavit as same are not being
repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on this day of JUNE,2023 that the
contents of this affidavit are true and correct to the best of my knowledge
and belief and nothing has been concealed therfrom.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS , DELHI
C.C.NO. 2023
IN THE MATTER OF :
MS. TRIPTA ...Applicant/Aggrieved Person
VERSU
MS VIDYA DEVI ...Respondent/Accused/Persons
LIST OF WITNESSES
1. Applicant herself i.e. TRIPTA ,W/o SH . HEMANT KUMAR R/O K-
915 MANGOLPURI N BLOCK NORTH WEST DELHI 110083,
Any other witnesses with the prior permission of this Hon’ble
Court .
DELHI
DATED: APPLICANT/AGGRIEVED PERSON
