U/S 12 0F DOMESTIC VIOLENCE ACT
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IN THE COURT OF CHIEF JUDICIAL MAGISTRATE/
CHIEF METROPOLITAN MAGISTRATE
COMPLAINT NO. …….OF 2017
IN THE MATTER OF :-
Smt. X W/o Late Sh. Y
Complainant R/o………..
Versus
Sh. Z S/o
Respondent R/o
COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT, 2005
Sir,
It is most respectfully submitted as under:-
1. That the Respondent is the father- in- law of the Complainant who is harassing and
torturing the Petitioner by illegal act of violence in order to throw her out of the
matrimonial home.
2. That the Petitioner was married to Late Sh. Y on …..as per Hindu rites and
ceremonies and thereafter started living in the matrimonial home as a joint family
along with the Respondent and that out of the wedlock following two children were
born who are in the care and custody of the complainant. The husband of the
complainant died on …..due to illness
S.No.Name ofRelationAgeStatus
Children
1
Master A
Son
8
Studying in
class IV
Studying in
class I
2
Baby B
Daughter
5
3. That before his death Sh. Y engaged in the manufacturing and trading of Auto parts
and was having factory at rented accommodation at …….and was running as sole
proprietor by the name and style of M/s….. and was also running a shop on ground
floor.
4. That after the death of the husband of the Complainant on …the Respondent has
misappropriated the machines, tools raw materials etc. lying in the factory of the
husband of the complainant and has also trespassed into the shop, belonging to
husband of the complainant.
That the shop of the husband and Complainant has been taken over by the
Respondent who doesn‟t allow the complainant to enter the same and to run the same.
That the Respondent is economically harassing the complainant as he has taken over
the shop and doesn‟t pay any amount to the complainant who has no money and has
no earnings at all and is dependent upon the shop of her husband for maintenance
That not only this, the Respondent maltreats the complainant in one way or the other
and abuses her in filthy language and want her to vacate the second floor of the
property so that they may trespass in to the same.
That the Respondent threatens the Complainant with the dire consequences on not
vacating the second floor of the property.
That hence Complainant is left with no other alternative but to file the instant
complaint under Section 12 of Protection of Women from Domestic Violence Act as
complainant.
That the complainant has domestic relationship with the Respondent as Respondent
was living with the complainant before the death of her husband.
That the deeds and misdeeds of the Respondent are affecting the health and safety of
the complainant as well as her two children as after the death of her, the Respondent
wants the children to stop going to the school and be sent to an orphanage.
That the complaint under Section 12 of the Protection of Women from Domestic
Violence Act, 2005 is being filed as such by the aggrieved person.
That it is prayed that the Hon‟ble court may take cognizance of the complaint and
pass all/ any of the orders, as deemed necessary in the circumstances of the case.
Orders prayed for are:
I.Protection Order under Section 18 directing Respondent to stay away from
Complainant and not to interfere in her possession of the ground floor, second
floor of the property in any manner whatsoever
II.Residence Order under Section 19 directing the Respondent to restrain from
dispossessing the Complainant from the second and the third floor of
property no. …. ( specifically shown in red in site plan enclosed) and to
restraint from interfering in the possession of the Complainant on the ground
floor of the property including the shop in property no.
III.Monetary Relief under Section 20 directing the Respondent to pay the
following expenses as monetary relief
a. Food, clothes, medications and other basic necessities- Rs 15000
p.m.
b. School fees and related expenses – Rs 10000 p.m.
amounting to total of Rs 25,000 p.m.
IV.
Compensation under Section 22 for causing mental agony and physical
suffering by the complainant as deemed fit by this Hon‟ble Court.
PRAYER
It is, therefore, most respectfully, prayed that this Hon‟ble Court be pleased to grant the
relief(s) claimed herein and pass such orders as this Hon‟ble Court may deem fit and proper
under the given facts and circumstances of the case for protecting the Complainant from
domestic violence.
Complainant
Through
Advocate
VERIFICATION
Verified at Delhi on this day of …….that the contents of the paras 1 to …. of the above
complaint are true and correct to my knowledge and nothing material has been concealed
there from .
Complainant
To be accompanied by an affidavit
Comentários