BEFORE THE LEARNED ADDITIONAL CHIEF JUDICIAL MAGISTRATE,

GANGARAMPUR AT BUNIADPUR, DAKSHIN DINAJPUR.

REF:- MISC. CASE NO OF 2016.

DILRUBA PARVIN AGED ABOUT-20 YEARS, W/O-RABIUL MIA, OF

VILLAGE-HAZARATPUR, PO-RAGHABPUR, PS-TAPAN, DIST-DAKSHIN
DINAJPUR.
PRESENTLY RESIDENT OF:
House of-HAPIJUR RAHAMAN, OF VILLAGE-KURPARA, PO-CHERAGIPARA,
PS-BANSHIHARI, PS-BANSHIHARI, DIST-DAKSHIN DINAJPUR.
COMPLAINANT
Versus
1. RABIUL MIA AGED ABOUT-25 YEARS, S/O MONSOOR MIA
(HUSBAND).
2. MONSOOR MIA AGED -50 YEARS S/O UNKNOWN (FATHER IN
LAW).
3. SAHANARA BIBI AGED ABOUT-42 YEARS, W/O MONSOOR MIA
(MOTHER IN LAW).
4. ENTAZUL@ENTAZ 22 YEARS ALI S/O MONSOOR MIA(BROTHER IN
LAW).
OF VILLAGE-HAZARATPUR, PO-RAGHABPUR, PS-TAPAN, DIST-
DAKSHIN DINAJPUR.

5. NASIMA@MONA AGED ABOUT-20 YEARS W/O TOAB ALI OF

VILLAGE-HATPUKUR, PO-JAHANGIRPUR, PS-GANGARAMPUR, DIST-
DAKSHIN DINAJPUR.(SISTER IN LAW).
6. MOJIBAR RAHAMAN AGED AGED ABOUT-48 YEARS S/O
NAMIRUDDIN MOLLA (UNCLE IN LAW).
7. ABDUL SATTAR AGED ABOUT-32 YEARS S/O ABDUL LATIF (ELDER
BROTHER IN LAW).
8. LAILA YASMIN AGED ABOUT-19 YEARS W/O RABIUL MIA (2 ND WIFE
OF OP NO-1).
OF VILLAGE-HAZARATPUR, PO-RAGHABPUR, PS-TAPAN, DIST-
DAKSHIN DINAJPUR.
RESPONDENTS

APPLICATION ON BEHALF OF THE COMPLAINANT U/S 12 & 26

OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
ACT,2005
SHEWETH THAT
That the complainant is the present resident within the Jurisdiction of
this Court. OP No 1 is the husband & rests are in laws of the
complainant.
That the Domestic Incident report has not prepared & may be called for
by this Honorable Court U/S 12(1) from the office of Protection officer

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i.e. Balurghat, Dakshin Dinajpur. That the allegation of the
complainant is that the marriage between the complainant & her
husband has been solemnized about 1 year ago on 7 th March,2014 as
per Muslim Shariat. And it was duly registered before the Kazi. An
amount Rs- 5025/- (five thousand & twenty five) has been fixed as
Mohorana in presence of relatives of both family. And at the time of
marriage as per demand of the husband & other OP’S the father of the
complainant namely HAPIJUR RAHAMAN given an amount of Rs
200000/-( Two Lakh ) towards the OP members along with 2.5 bhari
golden ornaments, valuable furnitures. . That the said articles are
presently within the custody of the OP members.
That for a period of 4 month the complainant resides in her
matrimonial home peacefully. That after 4 months when the
complainant conceive Baby the OP members started torture upon the
complainant due to that.. That the OP No-1 expressed his desire to
marry again. After that upon the active instigation by the other OP
members, OP No 1 continuously tortured physically & mentally towards
the complainant. And when & where the complainant protested against
the said rude behavior the all respondent increased the degree of
torture towards the complainant, and forced her to live in miserable
conditions. That the son child of the complainant namely Rezwan Mia
now aged about 14 months residing with the complainant in her
parental house for about one & half years. That complainant was
brutally humiliated by the respondent. Since then complainant residing
in her parental house at VILLAGE-KURPARA, PO-CHERAGIPARA, PS-
BANSHIHARI, PS-BANSHIHARI, DIST-DAKSHIN DINAJPUR ,in a miserable
condition. They also threatening the complainant that they will kill the
complainant if will lodge any complain before the Police. In addition
with the active instigation by the others the OP no 1 also tortured the
complainant both mentally & physically. That when & where the father
Hapijur Rahaman & Uncle Md Umar Ali of the complainant protested
the undue behavior from the end of the OP members towards the
complainant the OP members also physically assaulted the

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complainant as well as her father Hapijur Rahaman & Uncle Md Umar
Ali. That during that period several SALISH took place on several
dates in presence of both parties including the OP members. That the
father of the complainant have no source of income due to acute
illness & old aged complication, for which immediate monetary relief is
highly required in respect to the expensive daily living. That the OP
members also forcefully retrained the Voter ID/Ration Card/Birth
certificate of son/all clothes/ornaments in their custody.
That the complainant has lodged written complain against the all
respondent specifying all allegation of torture before the Banshihari
Police Station on 30/05/2016.
Having no other alternative the present complainant preferred this
application.
ENCLOSED:-
Xerox copy of Marriage certificate.
Xerox copy of Written Complainant dated 30/05/2016.
It is prayed that the Hon’ble Court may take cognizance of the
complaint and pass necessary orders as deemed necessary in the
circumstances of the case.
(a) Pass protection order u/s 18 and
(b) Pass residence order u/s 19 and
(c) Direct the respondent to pay monetary relief under section 20
and /or
(d) Direct the respondent to pay compensation & damages u/s 22
and /or
(e) Pass such interim order as the Court deem fit & proper.
(f) Pass any orders as deem fit & proper in the circumstances of the
case.
1. Order required
(i) Protection Order u/s 18.
(1)Prohibiting acts of domestic violence by granting an Injunction
against the respondents from repeating any of the acts mentioned
in terms of column 4(a) (b) (e) (f) (g) of the section.

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 (2) Prohibiting respondent from any form of communication with the
complainant.
(3)Prohibiting alienation of assets of the complainant & her husband
by the respondent, including the restoration of the STRIDHAN from
the custody of the respondents.
And for which the complainant craves leaves of the LD court to file
the schedule of the land & details of receipt of dowry given at the
time of marriage at the time of Hearing.
(ii) Residence Order u/s 19
(a) An order directing the respondent to secure same level of
alternate accommodation or pay rent for the same.
(b) An order entitling me continued access to the complainant’s
personal effects.
(iii) Monetary relief’s u/s 20
(1) Loss due to mental / physical injury Amount claimed /-100000,
one lakhs.
(2) Directing the respondent to restore the same level amount
equal to the demand given at the time of marriage.
(d) Loss due to temporary shelter to another place 100 @ day for
the period since the complainant residing with her father.
(e) Directing the Respondent No 1 to pay the following expenses as
monthly monetary relief
(a) Food, clothes, medications and other basic necessities Amount
5000/- per month.
(b) Household expenses Amount 2000/- per month.
Total monthly amount claimed 7000 @ month.
(iv) Compensation Order U/S 22
(a) An order directing the all respondent to pay an amount of Rs
100000/- as compensation for the forceful drive out from the
Matrimonial House by the all respondent.
It is therefore prayed, most respectfully prayed that this Hon’ble Court
be pleased to grant the relief (s) claimed therein and pass such order
or orders other orders as this Hon’ble Court may deem fit and proper

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under the given facts & circumstances of the case for protecting the
aggrieved person from domestic violence and in the interest of Justice.

Place…………

Dated……………………….. Complainant through

AFFIDAVIT U/S 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC

VIOLENCE ACT, 2005
BEFORE THE NOTARY, GANGARAMPUR AT BUNIADPUR, DAKSHIN
DINAJPUR.
IN THE MATTER OF
Dilruba Parvin
VERSUS
Rabiul Mia
I, DILRUBA PARVIN AGED ABOUT-20 YEARS, W/O-RABIUL MIA, OF
VILLAGE-HAZARATPUR, PO-RAGHABPUR, PS-TAPAN, DIST-DAKSHIN
DINAJPUR.
PRESENTLY RESIDENT OF:
House of-HAPIJUR RAHAMAN, OF VILLAGE-KURPARA, PO-CHERAGIPARA,
PS-BANSHIHARI, PS-BANSHIHARI, DIST-DAKSHIN DINAJPUR. ,do hereby
solemnly declare & affirm on oath as under….
1. That I am the applicant in the accompanying application for
Protection order under Protection of women from Domestic Violence for
myself.
2. That being conversant with the facts and circumstances of the case
I competent to swear this affidavit.
3. That the details provided in the present application for the grant of
relief under section (s) ………………………………………have been
entered into at my instructions.
4. That the contents of the application have been read over, explained
to me into Bengali.
5. That the contents of the said application may be read as part of this
affidavit and are not repeated herein for the sake of brevity.
6. That the applicant apprehends repetition of the acts of domestic
violence by the respondent (s) against which relief is sought in the
accompanying application.

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7. That the respondent has threatened the applicant that they will not
allow the applicant to reside into her house.
8. That the relief claimed in the accompanying application is urgent in
as much as the applicant would face great financial hardship and
would forced to live under threat of repetition/escalation of acts of
domestic violence complained of in the accompanying application by
respondent(s). If the said relief are not granted on an ex-parte ad
interim basis.
9. That the facts mentioned herein are true and correct to the best of
my knowledge and belief and nothing material has been concealed
there from.

DEPONENT

VERIFICATION

Verified at …………………….on this 4th Day of

JUNE,2016 That the contents of the above affidavit
are correct to the best of my knowledge and belief
and belief and no part of it is false and nothing
material has been concealed there from.

DEPONENT.