IN THE HON’BLE COURT OF CHIEF JUDICIAL MAGISTRATE, MOHALI

Hardeep Kaur, aged about 34 years W/o Sh. Parambir Singh D/o Sh.
Avtar Singh, resident of House No. 63, Phase-11, SAS Nagar Mohali,
Distt. SAS Nagar, Mohali.

…..Complainant

VERSUS

1. Parambir Singh S/o Sh. Bhupinder Singh,

2. Bhupinder Singh S/o Sh. Ajmer Singh,
Both residents of House No. 63, Phase-11, SAS Nagar Mohali, Distt.
SAS Nagar, Mohali.
3. Surinder Singh S/o Sh. Ajmer Singh R/o Village Khanpur, Tehsil
Chamkaur Sahib, Distt. Ropar (PB).
…..Respondents

APPLICATION UNDER SECTION 12

READ WITH SECTION 26 OF THE
PROTECTION OF WOMEN FROM THE
DOMESTIC VIOLENCE ACT, 2005.

Respectfully Showeth:

1. That the marriage of the complainant solemnized with the

respondent No. 1 as per Sikh Rites & Ceremonies on 14.12.2005
at Ropar (PB) in the present of family members, family friends
and relatives from the both side. The copy of marriage
certificate is attached herewith.
2. That the marriage of the complainant as well as respondent
No. 1 was performed at Ropar (PB) at the asking of the
respondent No. 1 and his family members, however the
paternal house of the complainant is at Delhi. At the time of
the marriage, the parents of the complainant had performed
a decent marriage in a decent manner by spending huge
money even beyond their capacity. It is pertinent to mention
here that there were about 200/250 Baraties and all the
 expenditure of the marriage party were paid by the parents of
the complainant. The parent of the complainant gave
sufficient dowry articles /Ishtari Dhan to the respondent No. 1
and his family members. At the time of the marriage, the
parents of the complainant entrusted gold jewellery and other
articles as Ishtari Dhan to the respondent No. 1 & his family
members.
3. That after the marriage, the complainant and respondent No.
1 started residing and cohabited together as husband and
wife at the matrimonial home of the complainant at SAS
Nagar, Mohali and out of the wedlock of the complainant
and the respondent No. 1, two children were born namely i.e.
Arashdeep Kaur (daughter) and Jasneet Singh (son) on
10.09.2006 and 05.03.2013 respectively. Both the children
residing with the complainant at House No. 63, Phase-11, SAS
Nagar, Mohali under the lawful custody of the Complainant.
The copies of Adhar card of the complainant and both the
children are attached herewith.
4. That after sometime of the marriage, the respondent No. 1
and his mother (Since died) started misbehaving and
maltreating the complaint. The respondent No. 1 and his
members started demanding more dowry from the
complainant and due to that reason, the respondent No. 1
and his mother gave beatings to the complainant many times.
The respondent No. 1 used to insult and abuse the
complainant under the influence of liquor and some other
intoxicates but the complainant kept on tolerating all the
atrocities at the hands of the respondents No. 1 and his family
members just to save her married life and lives of minor
children.
5. That on 13.12.2007, the respondent No. 1 and his mother (since
deceased) gave beatings to the complainant and
threatened the complainant that they would kill the
complainant and would parcel her body to her parents at
Delhi. The reason behind the above said incident was only that
the complainant and her parent were unable to fulfill
 unnecessary and illegal demands of the respondent No. 1 and
his family members which were increasing day by day and the
greed of the respondent No. 1 and his family members was
increasing day by day. The respondent No. 1 & his family
members used to taunt on the complainant that she has given
birth to a female child, however they were expecting a male
child. The complainant saved her life from the clutches of the
respondent No. 1 and his family members and in a pitiable
condition reached at her parental house at Delhi. On the next
day of above said incident, the complainant lodged a
complainant to The SSP, Mohali through Fax No. 2270358 and
also made the complaint to The SHO, Police Station, Phase-8,
Mohali. The complainant also made the complainant to Police
Station, Saraswati Vihar, Delhi and the Police of Police Station,
Phase-8 called the respondent No. 1 and his family members
where the respondent No. 1 admitted in written his fault and
assured the complainant in the presence of police official that
he will not repeat any heinous act towards the complainant in
future and the complainant in view of the assurance given by
the respondent No. 1 before the police get the matter
compromised and the complainant did not take any action
own her said complaint against the respondent No. 1 and his
family members again just to save her married life. The copies
of the police complaints and written Mafinama are attached
herewith.
6. That the attitude and the behavior of the respondent No. 1
and his family members had not changed towards the
complainant but the complainant kept on bearing everything
with the hope that one day a better sense may prevail and
the respondent No. 1 and his family members would start
loving and caring the complainant and her minor daughter.
On 04.07.2008, the respondent No. 1 gave beatings to the
complainant. The matter reported to the local police and the
concerned police called the respondent No. 1 and his family
members and again the respondent admitted his fault in
writing in the presence of his family members and relatives. The
 complainant again agreed to reside with the respondent No.
1 with the hope of better future. The copies of the written
Mafiname are attached herewith.
7. That thereafter the situation going smoothly, but after some
time, the respondent No. 1 started maltreating and quarrel
with the applicant and on 19.01.2015 ____ _______________ .
The complainant moved a complaint on 27.06.2016 against
the respondent No. 1 before The ACP, CAW Cell, North/West,
Distt. Rani Bagh, Delhi and also moved complaint before The
SP Sahib, Mohali and The SHO Phase-8, Mohali through
registered post. The respondent again admitted
8. That the behavior of the respondent and his family members
becomes squabble towards the applicant day by day. After
few months from the marriage, the applicant noticed that the
respondent used to talking with someone else over the mobile
phone regularly in the night. The applicant come to know that
her husband (respondent) having illicit relation (affair) with
another women. The applicant told to parents and her in-laws
family members about the said incident and discussed the
matter with respondent and requested the respondent to stop
this type of unlawful relation just to save her married life but the
respondent and his family members did not bother the request
of the applicant.
9. That the respondent and his family members were always
touting to the applicant that she is “BANJ” and unable to give
birth a child. The applicant tolerated all these things in the
hope that the better sense may prevail upon the respondent
and family members and would develop kind attitude towards
her and will treat her with love and affection but of no use.
10. That thereafter, the parent of the applicant visited to the
house of the respondent and accompanied by some
respectable persons and father of the applicant requested
the respondent to discontinue this type of illegal relation with
other women and also requested not to beat the applicant
and not to raise said dowry demands as he is not in a position
to fulfill the same as he has already spent his entire earning at
 the time of the marriage of the applicant but the respondent
and his family members refused to listen to the said genuine
request of the father of the applicant & respectable.
11. That the respondent is drunken person and also a drug addict.
The respondent habitual of taking intoxicants and he used to
remain under the influence of Alcohol and other drugs. The
applicant tried to convince the respondent to leave the bad
habits and bad society but the respondent always given
merciless beatings to the applicant under the influence of illicit
relation and liquor. The applicant got problem in her back
bone due to the merciless beatings by the respondent and the
applicant got admitted in hospital at Ambala in the second
week of month of December, 2014. All the medical
report/receipts are in possession of the respondent and his
family members at Ambala (HR) and the applicant is still
facing the above said back bone problem and the applicant
taking treatment through homeopathy Therapy/Ayurvedic at
Kharar.
12. That in the month of December, 2016, the parents of the
applicant again visited the matrimonial house of the applicant
for making effort to sincere efforts just to save the married life
of their daughter but the respondent and his family members
refuse to listen anything and turned them out of the house by
misbehaving with parents/respectable and thrown out the
applicant on asking that if their demands are not fulfill they will
not allow the applicant to enter and reside in the matrimonial
house. The applicant retuned with her parents and now
residing with her parents at Kharar, Distt. Mohali.
13. That the applicant comes to know that an FIR No. 05 dated
08.01.2017, U/s 376, 346,506 IPC, Police Station Sadar Ambala
(HR) has been registered against the respondent. The copy of
the said FIR is attached herewith.
14. That the applicant moved a complaint against the respondent
and his family members before the SSP Mohali and the same
has been marked to the Women Cell, Mohali but the police
has not taken any action against the respondent and family
 members so far. The copy of the complaint is attached
herewith.
15. That the applicant and her parents tried level best to make
respondent to leave his bad habits and bad society but he
refused to do so. The respondent usually maltreated the
applicant without any reason under the influence of the illicit
relation and alcohol. The behavior of the respondent and his
family members towards the applicant was very hard and
offensive.
16. That it is further stated over here that due to the conduct of
the respondent and his family members, the applicant went
into depression and the treatment of back bone of the
applicant, is going on through Ayurvedic/homeopathy
therapy and the father of the applicant has spent huge
money for treatment of the applicant and the applicant
requires money for the treatment also as well as for her
medicines. The applicant is not earning anything to maintain
herself. The applicant has no moveable and immovable
property in her name and she has no source of income. The
applicant is residing on the mercy of her poor and old father
for her miscellaneous and other requirements. It is pertinent to
mention here that the father of the applicant also a heart
patient and facing the critical heart diseases and he is taking
his regular medical treatment from PGI, Chandigarh. The
father of the applicant is unable to maintain the applicant
due his terrible financial condition. The medical record of
father of the applicant is attached herewith.
17. That the applicant and her parents requested to the
respondent and his family so many times to take the applicant
to his house and to keep and maintain the applicant, but the
respondent and his family members are not agreeing to the
genuine request of the applicant and her parents and finally
refused for the same. The respondent intentionally and willfully
shunted out the applicant from the matrimonial house and
since then the applicant is residing with her parents for all her
needs. The respondent has not paid even a single penny to
 the applicant for her maintenance. The respondent has
intentionally neglected the applicant and refused to maintain
the applicant, hence this application.
18. That the complainant at the time delivery of both the children,
went to New Delhi at her parental home, it is pertinent to
mentioned here that the respondent No. 1 and his family
members not spent any single penny on the medical expenses
with regard to the birth of both the
children______________________.
19. That the respondent is an able bodied person and a man of
source and had movable and immovable properties in the
area. The respondent is qualified person and doing a job of
Supervisor at Federal Mogul Goetze India Ltd (Escort Factory)
at Bahadergarh, Patiala and from the said job he is getting a
salary of about 45,000/- per month. As such in the present
time, the prices of everything are hiking day by day due to
which the life of the applicant become uncomfortable. The
applicant is totally depends on the mercy of her parents. The
respondent is legally bounded to maintain the applicant
being her legally wedded wife.
20. That the respondent No. 1 habitual of taking intoxicants and
he used to remain under the influence of Alcohol and other
drug and during the stay of the complainant at her
matrimonial home, he used to beat the complainant. The
respondent No. 1 and 2 are not happy with the dowry articles
given by the parents of the complaint to the respondent no. 1
and his family at the time of marriage of the complainant.
21. That the complainant is residing at _________________ with her
children and. The complainant is not earning anything to
maintain herself. The complainant has no moveable and
immovable property in her name and she has no source of
income. It may be further stated over here that due to the
conduct of the respondent no. 1 and his family members, the
complainant went into depression.
22. That earlier the respondent no. 1 was working as
_____________and now _______________in the area of Mohali/
 Kharar and he is earning Rs. _____________ P.M. from the said
both works and the respondent No. 1 is fully capable to give
the maintenance to the complainant to the tune of Rs.
_________.
23. That the complainant and her parents requested the
respondent No. 1 and 2 so many times not to harrase anf
humiliate the complainant and to keep and maintain her, but
the respondent No. 1 & 2 are not agreeing to the genuine
request of the complainant and her parents and finally refused
for the same. The respondent no. 1 is legally bounded to
maintain the complainant being her legally wedded wife and
his children.
24. That the complainant presently residing at House No. 63,
Phase-11, SAS Nagar, Mohali which is falls within the territorial
jurisdiction of this Hon’ble Court and this Hon’ble has the
jurisdiction to try, entertain and adjudicate the present
complainant.

It is, therefore, most respectfully prayed that the

following order/s may kindly be passed in favour of complainant as:-

Protection order U/s 18:-

(a) Prohibition acts of domestic violence by granting an
injunction against the respondent from repeating or
committing any of the acts of domestic violence mentioned
in terms of para Nos. (a) to (g)
(b) Restraining the respondents to alienating any assets, dowry
articles/ Ishtari Dhan, jewellery, household items, etc
(c) Restraining the respondents to causing violence to the
children of the complainant, parents and other relatives of
the complainant as mentioned in the para no. (F)
(d) Any other relief under this order this Hon’ble Court may deem
fit and proper may kindly be granted.

Residence order U/s 19:-

(e) Restraining the respondents from dispossessing or in any other
manner disturbing the possession of the complainant from
the shared household.
(f) Restraining the respondents from entering any portion of the
shared household.
(g) Restraining the respondents from alienating, dispossessing
and encumbering the shared household.
(h) Directing the officer-in-charge (Concerned SHO) to give the
protection to the complainant and also directing for
implementation of the protection order.
 (i) Any other relief under this order this Hon’ble Court may deem
fit and proper kindly be granted.
Monetary relief U/s 20:-
(j) Loss caused by harassment, humiliation, physical and mental
agony by the respondents as specified in clause 20 ((b) and
loss for disrespect for misbehaving by the respondents,
amount claimed Rs. 1,00,000/-
(k) Any other relief under this order this Hon’ble Court may deem
fit and proper kindly be granted.

Other Monetary relief U/s 20:-

(l) Directing the respondents to pay the expenses monetary

relief for food, cloths, education expenses of the children
and other basic necessities and household expeses, claimed
amount of Rs. 20,000/- P.M
(m) Directing the respondents to pay the expenses monetary
relief for medical treatment of the complainant, amount
claimed Rs. 50,000/-
(n) Any other relief under this order this Hon’ble Court may deem
fit and proper kindly be granted.

Compensation order U/s 22:-

(o) Directing the respondents to pay compensation or damages
for mental torture and emotional distress caused by the
respondents, amount claimed Rs. 1,00,000/-
(p) Any other relief under this order this Hon’ble Court may deem
fit and proper kindly be granted.
 It is, therefore, respectfully prayed that this Hon’ble
be pleased to grant the relief/s claimed therein and pass order/s as
this Hon’ble Court may deem fit and proper under the above said
views and circumstances of the case for protecting the complainant
from the domestic violence, in the interest of justice.

Dated Submitted By

Place: Mohali

..…Complainant

Through Counsels

(GURDEEP SINGH & G.S. THIND)

Advocates

Verification:-

Verified all the contents of my above said complaint

are true and correct to the best of my knowledge and nothing has
been concealed therein.

Verified at Mohali on________

….Complainant
 IN THE HON’BLE COURT OF CHIEF JUDICIAL MAGISTRATE, MOHALI

Kuldeep Kaur Versus Daljit Singh &

Ors

COMPLAINT

Application under section 23 of The

Protection of Women from Domestic
Violence Act, 2005 for the grant of
interim order/s.

Respectfully Showeth:

1. That the complainant has filed application/complaint under

section 12 of the Protection of Women From the Domestic
Violence Act, 2005, contents which may also read as part of
this application as the same are not being reproduced in the
interest of brevity and repetition of facts.
2. That in the application, the complainant has prayed for
protection order under section 18, residence order U/s 19,
monetary relief U/s 20. Custody relief U/s 21 and compensation
order U/s 22 and interim order U/s 23 of the Act.
3. That the respondent No. 1 was working as carpenter and now
also running a Auto Rickshaw (Three Wheeler) in the area of
Mohali/ Kharar and he is earning Rs. 25,000/- P.M. from the said
both works. The respondent No. 1 has no other liability to
maintain any person except the complainant and her children
and the respondent No. 1 is fully capable to give the
maintenance to the complainant to the tune of Rs. 8,000/-. On
the other hand the complainant is totally depend upon the
mercy of her old age mother, however the complainant is
residing with her mother/parents.
4. That the respondent is duty bound to maintain the
complainant and her children as the complainant is legally
 wedded wife and has no sources of income and is totally
depend upon her widow mother.
5. That the interim order U/s 23 sought for by the complainant are
as under:-
(i) Protection order – An order for protection may kindly be
granted as prayed for protection order under section-18
of the Act.
(ii) Residence accommodation, Shared Household-
Directing the respondent to allow the complainant to
enter at matrimonial house and also directing the
respondent to allow reside the complainant with her
children at her matrimonial house at village Kalaran (Distt.
Roopnagar)
(iii) Directing the respondent to pay an amount of Rs. 8,000/-
P.M for food, cloths, education expenses of the children
and other basic necessities and household expenses.
(iv) Directing the officer-in-charge (Concerned SHO) to give
the protection to the complainant and also directing for
implementation of the protection order
(v) Any other relief under this order this Hon’ble Court may
deem fit and proper kindly be granted.
6. That the complainant had prima fecie case and there is every
likelyhood of the complainant to succeed in the
accompanying application.
7. That in case ad-interim orders as prayed for supra are not
granted than the complainant shall suffer irreparable loss which
cannot be compensated at any later stage.

It is, therefore, respectfully prayed that the

application may kindly be allowed and ad-interim orders may kindly
be granted, in the interest of justice,

Dated: 04.05.2016

…..Complainant

Through Counsel
(GAGANDEEP SINGH THIND)
Advocate
(Through Legal Aid Counsel)
 IN THE HON’BLE COURT OF CHIEF JUDICIAL MAGISTRATE, MOHALI

Hardeep Kaur Versus Parambir Singh

Complaint Under DV ACt

.

Affidavit U/s 23 (2) for grant interim

and ex-parte orders under The
Protection of Women from Domestic
Violence Act, 2005.

I, Hardeep Kaur, aged about 34 years W/o Sh. Parambir Singh D/o Sh.
Avtar Singh, resident of House No. 63, Phase-11, SAS Nagar Mohali,
Distt. SAS Nagar, Mohali., do hereby solemnly affirm and declare as
under:-

1. That I am the Applicant in the accompanying application U/s 12,

17, 18, 19, 20, 21 and 22 of D.V. Act filed for myself and for my

children.

2. That being conversant with the facts and circumstances of the

case I am competent to swear this affidavit.

3. That the deponent had been living with the respondents at

House No. 63, Phase-11, Mohali till date.

4. That the details provided in the present application for the grant

of relief under section U/s 12, 17, 18, 19, 20, 21 and 22 of D.V. Act

have been entered into by me/ at my instructions.

5. That the contents of the application have been read over,

explain to me in vernacular.

6. That the contents of said application may be read as part of this

affidavit and are not repeated herein for sake of brevity.

7. That the applicant apprehends repetition of the acts of

Domestic Violence by the respondents against which relief is

sought in the accompanying application.

8. That the respondents have threatened the applicant as

mentioned in the accompanying application which is itself an

act of domestic violence.

9. That the reliefs claimed in the accompanying application are

urgent in as much as the applicant would face great financial

hardship and would be forced to live under threat

repetition/escalation of acts of domestic violence complained

of in the accompanying application by the respondents if the

said reliefs are not granted on an ex-parte ad-interim basis.

10. That the facts mentioned herein are true and correct to the best

of my knowledge and belief and nothing material has been

concealed therefrom.

Deponent.

Verification:-

Verified that all the contents of the above affidavits are correct
to the best of my knowledge and belief and no part of it is false and
nothing material has been concealed therefrom.

Verified at Mohali on______

Deponent