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SUMITA KAPIL W/O LATE SHRI ARUN KAPIL R/O H-18,GREEN PARK EXTENSION NEW DELHI 110016 2. PRACHI KAPIL D/O LATE SHRI ARUN KAPIL R/O H-18,GREEN PARK EXTENSION NEW DELHI 110016 3. SWARNAKSHI KAPIL D/O LATE SHRI ARUN KAPIL R/O H-18,GREEN PARK EXTENSION NEW DELHI 110016 VERSUS 1. SHRI J.S KAPIL S/O LATE SHRI L.D. KAPIL 2. SHRIMATI VED KAPIL W/O SHRI J.S.KAPIL 3. MRS. MONICA MOHTA W/O MR. MADHUP MOHTA 4. MR. MADHUP MOHTA 5. MRS. NAMITA BHATIA W/O MR. AMIT BHATIA 6. MR. AMIT BHATIA ALL R/O A-53 , SECTOR 39 , NOIDA PETITION UNDER 12,18,19,20,22 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 1. That the petitioner no. 1 is a practicing advocate and being a widow is supporting her two minor children e.i petitioners 2&3.The petitioners 2&3 aged 16 &10 respectively are represented through their mother , Petitioner No.1 and are aggrieved persons in ….. RESPONDENTS … PETITIONERS
1. There were times when he caught hold of neck and tried to strangulate petitioner no.1 and are a constant threat to all the petitioners . fighting with her to share the same hotel rooms on visit out of town.The respondents 1. Randi etc’. That the petitioner no. Arun Kapil also a practicing advocate in the year 1989 and had two daughters from the wed lock. Respondents 3&5 are sister in laws and respondents 4&6 are brother in laws (nandhois) of the petitioner no. insisting for ‘good night kisses’ instead of touching his feet.1 to sign blank papers. culminating to the father in law proposing petitioner no.1 alone in the house and at times in front of the daughters. That the respondents 1&2 are parents in law .1 was married to Mr.1by the respondents .1 by saying various nefarious things and abuses like ‘channal. criminally trespassed their house and attempted to murder petitioner no.1passed obscene lewid remarks everytime he found petitioner no. The entire period. This dirty desire and actions on the same continued . That there was a perpetual torment and harassment from day one of the marriage for various reasons of demand & desire for money. 2.hands of the respondents .3&5 always used filthy language and respondent no. a male heir by the respondents and also own self and body of petitioner no. Mr.1 by father in law. forcing petitioner no. misappropriated their finances and money.Various complaints have .1’s husband is memoirs of cynical remarks by the family of in laws with a cruel and inhuman attitude starting with father-in-law accompanying petitioner to every place she go. fighting for not to lock my bedroom doors in night . intimidated and assaulted them in criminal ways time and again.1’s husband died . pre and post the death of petitioner no.2.1 to have a child from him at the time when her husband was alive and mother in law abetting it by proposing the same after petitioner no. The respondents have always maltreated the petitioners with cruelty. Arun Kapil died in the year 2001 That there has been a long history of grave domestic violence before and after the death of the husband of petitioner no.
16.5. The house was partitioned under a family agreement in which the ground floor and terrace came in the share of husband of the petitioner no1 and basement in equal shares to both her in laws. with.2006 and 20-0706.30 pm even after a reconciliatory meeting.1 to their own account on maturity. lust and desire.2006. Green Park.7. 1. They left the house amicably.2006.2. selling properties purchased for children. but have been trying to re enter just to come and eliminate me . the copies of which are attached herewith. which belongs to mother in law Mrs.5& 6. 8. My sister in law – Monika and her husband Madhup were repeatedly calling and messaging me from their own and her sisters phone harassing and threatening me and telling my family that they know the Commissioner and that ‘Sumita jis police walon ke pass jathi hai who humme salam marte hain’.1 while giving cheques from his account etc.7. That after a long deliberation by both sides of the family it was decided and settled that petitioner no1’s in-laws leave her house permanently and shall go and live in their house at A-53.1has been taking this torture all this years because she always cared for the welfare of her young daughters coupled with family reputation. on 16. petitioners shifted to H-18. Respondents have harassed the petitioner’s family time and again to transfer this property to them and they buy a small flat for petitioners. In 1997.2006. taking cash for the children’s expenditure from petitioner no.06 at 5. New Delhi from Noida where they lived from 1993 to 1997 with respondent no.7.been filed in detail with the police and the commissioner on 10. Monica and Madhup Mohta reached petitioners house on . transferring the Fixed Deposits given to the children on the death of husband of petitioner no.7. The nature and actions of respondents has always been that of greed.2006. 5.07. Ved Kapil. Sector39. peer pressure and belief that one could even win enemies by love and further being a widow her options and resources were and are anyways limited. 3. Infact. 15. Noida. 4. 11. That petitioner no.
Madhup. iron grills.pretext of collecting certain items that belonged to them (lying in the basement of the house) pushed them selves into the house.1’s almirah.The police are totally under influence of respondents 1 to 4 despite the fact that petitioner no. The police cops were asked to leave by brother in law. the conversation was recorded them claiming that they both know Dr. Respondents 3&4 are IFS officers who are enjoying good relations with the top most police officials and have used such relations for their personal advantage and greed . Both Monika and Madhup tried to influence the PCR cops by flashing their Government cards . J. That the petitioners 2&3 deserve healthy education and growth at age 16 & 7 .1 had lodged several complaints against the respondents .1 protested but was asked to give a formal complaint. and the windows.After the intervention of the Bar Association and Bar Council who condemned the act of the respondents 1&2 and also respondents 3&4 . snatched keys. Petitioner no. 6. with the police and met them personally time and again requesting them to protect her and her daughters and property. respondents 1&2 went back to their Noida House.S Kapil also tried to barge inside. On 22-07-06 the only ray of hope that comes from civilized society and realms of justice came to an agonizing end when on the morning of this unfortunate day respondents 1&2 came with 6-7 goons in a van and police protection In a very well planned conspiracy hatched the parents in law forced entry in the house by-passing all rules and laws. locks and chains of petitioners’ house were broken as the possession of my house was attempted to be passed over to respondents 1&2 .1has sacrificed and dedicated her life for them with only desire that she may be allowed to live in peace with .Paul and DCP Anil Shukla and said ‘kis ke khene pe jaoge ?’. In a day long operation in which over 40 police personnel were involved. Petitioner no. and ransacked petitioner no. 7. Mr.
3. This relief was not granted not granted and the matter was referred . The complaint was filed with police Hauz khas . on the unfortunate day. 87273 /2006 before the Hon’ble High court of Delhi in which is they prayed for issuing directions to the Commissioner of police and state to give them right of residence in the house of the petitioners .1 but she cannot bear the burden to scar or spoil the future of petitioners 2&3 .1 again came to the house of petitioner no. That on 18-8-2006 the respondents 1&2 filed a Crl. The true copy of the complaint is annexed herewith as Annexure ‘B’.1 and tried to misbehave and harm petitioner no. This fact was confessed by respondent no.1&3 . 9. That the past so many years the respondents have trampled not only rights. 1to 5 as respondent no.4 visited the DLTA Academy where petitioner 2 plays tennis . of petitioner no.4 tried to break open into the house of the petitioners and were accompanied by respondent no. That respondents have resorted to all illegal means to enter and thereafter harm the petitioners . The same day the respondents 1.4 . Writ no. That on 28-8-2006 respondent no.her daughters in her house. 10. The atrocities and incidents of domestic violence on the petitioners are elaborated in the complaint which is pending before this Hon’ble court and are not repeated for sake of brevity and may be read as part and parcel of this petition .6 was not made party to the complaint . That on 2-9-2006 the respondent no.1’s mother who was present in the house . Petitioner no. 8.1 for the offenses committed by the respondents and the this Hon’ble court was pleased to take cognizance and summon accused no.The complaint is annexed herewith as Annexure ‘A’. That a complaint was filed by the petitioner no. property and dignity.2 was in tears and crying to her grandfather that ‘dada mujhe police le jaa rahi hai’ and he remorselessly told the police ‘ andar dal do isko bhi’.
verbal .It has also come on record that the respondents No. Furthermore respondents 1to 6 have harassed and harmed and have endangered the petitioners with a view to force them to part with the property which as devolved upon the petitioners after the death of the husband of petitioner no.injured and abused the petitioners mentally and physically as to endanger health safety life and well being of the petitioners .1&2 are trying take advantage of their old age and on pretext of right to residence want to enter the premises of the petitioners and mentally and physically harm them but the real intention of the respondents is to sell the house and take the proceeds of the house .1 and maligning her reputation and have further threatened her that they would settle the matter themselves and not wait for any mediation. That the respondent no. That the respondents have been calling people in the colony as well as working place of the petitioner no.That the respondents by their said acts have committed physical .emotional and economic abuse to the petitioners . That the respondent 1to 5 have harmed .1 .1 is also responsible for harassing the petitioner and sexually abusing her. They have tried all ways and means to dispossess the petitioners from their own property and dwelling house. That the respondents are continuing in their acts of threatening the petitioners and maligning the reputation of petitioners 1&2 . 12.1 is worried for the safety and well being of her minor children as well as herself as various attempts have been made on the petitioners in order to injure them . The true copy of the Order is annexed herewith as Annexure ‘C’. That petitioner . The respondents are forcing the petitioners to sell the house otherwise they would not stop their harassment . 12. That the petitioner no. That during the mediation proceedings it is evident and clear that respondents are only interested in grabing the property of the petitioners and can go to any extent to do same .to the mediation cell vide Orders dated 21-8-2006. 11.
e) Alienating the assets that is House No.20. That the petitioners permanently reside and work within the ordinary territorial jurisdiction of this Hon’ble court hence this court has jurisdiction to try the present petition and is competent court to grant protection orders and other orders under the Act and to try offenses under the said act. . That the petitioners had no other efficacious and effective remedy available to prevent the harm being caused to the petitioners except by way of filing the present petition and obtain the relief prayed for. 2&3.Noida and three bed room house at Indira puram which is constructed from Joint property funds and funds of the husband of petitioner no.19. d) Attempting to communicate in any form with petitioners. PRAYER: In view of the above mentioned facts and circumstances it is prayed that this Hon’ble court may kindly pass Orders as prescribed in sections 18. 13.22 of the protection of women from Domestic Violence act 2005. Entering DLTA or Russian Ballet School where petitioner no2&3 go for classes.no. That the life and property of the petitioners is in danger . To pass permanent protection Order/ decree in favor of the petitioners against the respondents and prohibit the respondents from a) committing any act of domestic violence b) aiding or abetting in the commission of the acts of domestic violence c) entering the working place of the petitioner no.1. Sector 39. A-53.1 is a advocate and has to be in the courts from 9am till 4pm and cannot work efficaciously as she is always under constant threat from the respondents either to enter her house forcibly or harm her children . 1 and School of petitioner no. The Orders and relief prayed for is listed as follows : 1.
Green park extension b) from disturbing the peaceful possession of the petitioners c) from illegally alienating or disposing off or creating encumbrances on the entire property of H-18 . Green Park Extension.1 2. H-18. 3. g) Transferring or alienating any movable assets like money or jewelry h) Causing violence to the relatives of petitioner no. Green Park extension. Pass a decree of mandatory injunction by Further restraining the respondents or their relatives a) from entering the House no. Pass a decree to Compensate the petitioners to the tune of 10 lacs each for the physical and mental and emotional stress suffered by the petitioners by the acts of Domestic Violence caused by the respondents. Pass a decree against the respondents Directing the respondents to pay monetary relief for the damage caused to the work of the petitioner and further attach 50% of the rental income accruing from the basement of the property H-18.1 is lying and the Bank accounts of Respondent no 1&2 at Canara Bank belonging to petitioners was transferred by respondent 1&2 in order to misappropriate it. DATED: NEW DELHI SUMITA KAPIL PRACHI KAPIL SWARNAKSHI KAPIL .f) Operation of lockers of the respondents where the stridhan of the petitioner No. 4.
22 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 FOR PASSING AD INTERIM EXPARTE ORDERS AS ENLISTED IN THE PRAYER CLAUSE AGAINST THE RESPONDENTS 1.20.19. KAMINI LAO. PATIALA HOUSE. SUMITA KAPIL &ORS.1 was married to Mr.18. Petitioner No. Mr. .19.i petitioners 2&3. 1 is a practicing advocate and being a widow is supporting her two minor children e.20. Arun Kapil died in the year 2001 That there has been a long history of grave domestic violence before and after the death of the husband of petitioner no. 2.The petitioners 2&3 aged 16 &10 respectively are represented through their mother .That there is a grave urgency because of threats being extended to petitioners enough to endanger life and liberty of the petitioners and because the respondents are capable of executing their threats to reality hence this application . ACMM. That the respondents 1&2 are parents in law . Arun Kapil also a practicing advocate in the year 1989 and had two daughters from the wed lock. That the petitioners have filed a petition u/s 12. That the petitioner no. LD. J. 3.KAPIL&ORS RESPONDENTS PETITIONERS PETITION UNDER SECTION 23 R/W 12.1 and are aggrieved persons in hands of the respondents .S.NEW DELHI IN THE MATTER OF : MS. Respondents 3&5 are sister in laws and respondents 4&6 are brother in laws (nandhois) of the petitioner no. VERSUS MR.IN THE COURT OF DR. That the petitioner no.22 OF the protection From Domestic Violence Act 2005 the contents of which may read as part and parcel of this Application and are not repeated for the sake of brevity .18.1by the respondents .1.
d) Attempting to communicate in any form with petitioners. attorneys etc. 2&3. Sector 39.1 is lying and the Bank accounts of Respondent no 1&2 at Canara Bank belonging to petitioners was transferred by respondent 1&2 in order to misappropriate it.their agents . It is therefore respectfully prayed that this Hon’ble court may kindly be pleased to pass Ad-interim Ex-parte protection Orders in favor of the petitioners and prohibit the respondents . associates.5. 7. employees servants . Entering DLTA or Russian Ballet School where petitioner no2&3 go for classes. 1 and School of petitioner no.1. That the petitioners are not following the spirit of mediation as directed by the Hon’ble High court of Delhi and are continuing their black mailing tactics and pressurize the petitioners to leave the property which legally belongs to the petitioners or in the alternative enter it forcefully in order to cause harm and force the petitioners to leave . That the petitioners would suffer irreparable loss and injury to their life and property if the relief prayed for is not granted . .from a) committing any act of domestic violence b) aiding or abetting in the commission of the acts of domestic violence c) entering the working place of the petitioner no.Noida and three bed room house at Indira puram which is constructed from Joint property funds and funds of the husband of petitioner no. e) Alienating the assets that is House No. That from the facts stated herein above it is evident that there been continuing domestic violence from the respondents to the petitioners and thus the petitioners have a good prima facie case against the respondents . f) Operation of lockers of the respondents where the stridhan of the petitioner No. A-53. 6.
Green Park Extension.1 AND Further restraining the respondents or their relatives a) from entering the House no. DATED: NEW DELHI SUMITA KAPIL PRACHI KAPIL SWARNAKSHI KAPIL .g) Transferring or alienating any movable assets like money or jewelry . Green park extension b) from disturbing the peaceful possession of the petitioners c) from illegally alienating or disposing off or creating encumbrances on the entire property of H-18 . Further grant Any other relief which this Hon’ble Court deem fit and proper in the circumstances of the case . d) attach 50% of the rental income accruing from the basement of the property H-18.clothes and furniture etc. h) Causing violence to the relatives of petitioner no. Green Park extension. H-18.
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