IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE, KARKARDOOMA DISTRICT COURT, DELHI

CRIMINAL COMPLAINT NO. ………. OF 2018

IN THE MATTER OF:

Isha Misra …….. Petitioner/Aggrieved Lady

Versus

Mohit Sharma & Ors ……. Respondents/Opposite Parties

INDEX

S.No Particulars Pg. Court

No. Fees

1. Memo of Parties

2. Complaint u/s 12 of the Protection of

women from Domestic Violence
Act,2005 along with affidavit

3. Application u/s 23 of the Protection of

women from Domestic Violence Act,
2005 for grant of interim orders with
Affidavit.

4. Annexure-C1 (Colly)

Copy of the marriage photographs along

with the invitation card.

5. Annexure-C2

Copy of the resignation letter

dt.08.12.2016.

6. Annexure-C3

Copy of the whatsApp messages

dt.23.01.2017 sent by the petitioner to
her mother.

7. Annexure-C4

Copy of the e-mail dt.30.11.2017

8. Annexure-C5 (Colly)

Copy of the e-mail dt.18.12.2017,along

with reply dated 20.12.2017.
9. Annexure-C6(Colly)

List of expenses incurred by the

petitioners family at the time of
marriage along with available bills at
hand.

6. Annexure-C7 (Colly)

Copy of the rent agreement and identity

card of the petitioner.

7. Vakalatnama

Date: 04.03.2018
Place: New Delhi
Filed Through

Singh&Co.
Advocates and Consultants
SHYAM SINGH CHAUHAN
(Advocate)
559, Mayur Vihar, Phase II,
Pocket E, Delhi-110091
singhandco.in@gmail.com
011-43038670, 08287551234
 IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, KARKARDOOMA DISTRICT COURT, DELHI
CRIMINAL COMPLAINT NO. ………. OF 2018
IN THE MATTER OF:
Isha Misra …….. Petitioner/Aggrieved Lady
Versus
Mohit Sharma & Ors
……. Respondents/Opposite Parties.

MEMO OF PARTIES

Isha Misra
w/o Mohit Sharma
R/o 64-A, Pocket B, Dilshad Garden
Delhi-110095 ……. Petitioner/Aggrieved Lady

Versus

1. Mohit Sharma s/o Gajraj Sharma

R/o of VIP-4, RTC Hostel,
PCDA Central Command,
Cariappa Road Cantonment,
Lucknow-226002
2. Gajraj Sharma s/o Mangilal Sharma : Father –in- Law
3. Smt.Kusum Sharma w/o Gajraj Sharma : Mother-in-Law
4. Madhuri Sharma w/o Dr.Vishnu Sharma: Sister-in-Law.
5. S.S.Sharma s/o Mangilal Sharma: Elder Brother of Father-
in-Law.
6. Sushma Sharma w/o S.S.Sharma.

All resident of Plot No.107, Gali No.3,

Guru Jambeshwar Nagar, Gandhi Path,
Vaishali Nagar, Jaipur.
Also at;
House No.345, Ist Floor, Gali no.6,
Guru Jambeshwar Nagar, Gandhi Path,
Vaishali Nagar, Jaipur.

7. ShriRaam Trivedi S/o Krishan Chander : Naana of

Respondent no.1
R/o House no.3, Second Floor/ Third Floor,
Block no.3, Ramesh Nagar, New Delhi
…… Respondents/opposite Parties

Filed Through

Singh&Co.
Advocates and Consultants
SHYAM SINGH CHAUHAN
(Advocate)
 559, Mayur Vihar, Phase II,
Pocket E, Delhi-110091
singhandco.in@gmail.com
011-43038670, 08287551234
 IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, KARKARDOOMA DISTRICT COURT, DELHI

CRIMINAL COMPLAINT NO. ………. OF 2018

IN THE MATTER OF:

Isha Misra
w/o Mohit Sharma
R/o 64-A, Pocket B, Dilshad Garden
Delhi-110095 ……. Petitioner/Aggrieved Lady

Versus

1. Mohit Sharma s/o Gajraj Sharma

R/o of VIP-4, RTC Hostel,
PCDA Central Command,
Cariappa Road Cantonment,
Lucknow-226002
2. Gajraj Sharma s/o Mangilal Sharma : Father –in- Law
3. Smt.Kusum Sharma w/o Gajraj Sharma : Mother-in-Law
4. Madhuri Sharma w/o Dr.Vishnu Sharma: Sister-in-Law.
5. S.S.Sharma s/o Mangilal Sharma: Elder Brother of Father-
in-Law.
6. Sushma Sharma w/o S.S.Sharma.

All resident of Plot No.107, Gali No.3,

Guru Jambeshwar Nagar, Gandhi Path,
Vaishali Nagar, Jaipur.
Also at;
House No.345, Ist Floor, Gali no.6,
Guru Jambeshwar Nagar, Gandhi Path,
Vaishali Nagar, Jaipur.

7. ShriRaam Trivedi S/o Krishan Chander : Naana of

Respondent no.1
R/o House no.3, Second Floor/ Third Floor,
Block no.3, Ramesh Nagar, New Delhi
…… Respondents/opposite Parties

Police Station: GTB Enclave

COMPLAINT U/S 12 OF THE PROTECTION OF WOMEN

FROM DOMESTIC VIOLENCE ACT, 2005

MOST RESPECTFULLY SHOWETH:

1. That the present complaint u/s 12 of the Protection of

women from domestic violence Act, 2005 has been filed by

the complainant .i.e. the aggrieved lady against the

respondent no.1 (husband), respondent no.2 (Father-in-

Law), respondent no.3 (Mother-in-Law), respondent no.4

(Sister-in-Law), respondent no.5 (Elder Brother of Father-

in-Law), respondent no.6 (wife of respondent no.5). That

the complainant is a law abiding citizen and is residing at

the aforesaid address which is well within the territorial

jurisdiction of this Hon’ble Court. The complainant was

treated by the respondents in the most cruel and inhuman

manner and was physically and mentally harassed by

them and was ultimately forced to leave respondent no.1.

The encapsulated facts which culminated in filing of the

present complaint as under:-

1A. That the complainant herein was married to the

respondent no.1 on 17.01.2017 as per the Hindu rites

and customs in the presence of family members of

both the parties at Hotel Clarks Amer, Jaipur,

Rajasthan. Copy of the marriage photographs along

with the invitation card is annexed hereto as

ANNEXURE-C 1 (Colly).

1B. That during the pre-marriage talks, respondent no.2

to 7 told the family members of the petitioner that

respondent no.1 Mohit Sharma, who is an IDAS and

was posted at PCDA Central Command, Lucknow is a

non alcoholic and a non smoker who is born and

 bought up in a combined family with moral values. As

the petitioner is born and bought up in a nuclear

family she and her parents were convinced by

Respondent no.7 Mr.ShriRam Trivedi that if the

petitioner gets married in their family she will

definitely cherish the caring and supportive

atmosphere of the combined family culture.

1C. That in the month of Dec 2015-Jan 2016, the father

of the petitioner, who was looking for a suitable match

for her daughter came to know about the Respondent

no.1 through Mr.Shri Ram Trivedi (Respondent no.7)

who is the resident of Delhi. In the month of February

2016 upon the invitation of respondent no.2, first

meeting of both the families took place at House

no.107, Gali no.3, Guru Jambeshwar Nagar, Gandhi

Path, Vaishali Nagar, Jaipur where all the

respondents, except respondent no.7, resides along

with their extended families. It is pertinent to mention

here that respondent no.2 told the father of the

petitioner that they have a huge haveli and Bikaner

and this house is also bought by him as he is posted

as a Deputy Manager at Jaipur.

1D. That on 19.03.2016 all the respondents arrived at

Delhi and along with Mr.Rajesh Trivedi (mama of

respondent no.1) and ShriRam Trivedi(respondent

 no.7) met the petitioner and her family members at

Indian Habitat Centre, Delhi. That the said meeting

was arranged by the parents of the petitioner on the

request of the respondents as they wish to see the

petitioner in the presence of all the senior family

members of their family. That after having a brief

interaction with the petitioner, the respondents were

immediately convinced for the matrimonial alliance.

That to the utter shock of the petitioner and her

family members, respondent no.2 and 3 along with

Shri Ram Trivedi in the very same meeting asked for

a hefty dowry amount from them. That Mr. ShriRam

Trivedi(respondent no.7) told the father of the

petitioner that “... humare ghar ka pehla IAS ladka

hey, shaadi mein kam se kam 60-70 lac dahej to banta

hey... ”. That the petitioner herein immediately

showed her discontent about such mindset but

respondent no.1 to 4 convinced the petitioner that

nana ji is too old and she should not pay heed to his

words especially when she has to always reside along

with the respondent no.1 at his place of posting.

1E. That in both the aforesaid meetings, upon the specific

queries raised by the father of the petitioner it was

informed by the family member of respondent no.1

that he is a non alcoholic and a non smoker. It was

 also told that respondent no.1 has applied for transfer

at Delhi and till the thing materialises petitioner shall

discontinue with her job at Hyundai Mobis, Delhi

where she was working as a Assistant Manager-(Parts

Marketing). Respondent no.1 himself assured the

father of the petitioner that he will soon be transferred

to Delhi where after getting the government

accommodation petitioner can shift along with him

and can again continue her job from there. It had also

been decided that the marriage function will be held

at Delhi, which is a common place convenient to both

the parties. That upon this assurance by respondent

no.1, the petitioner herein resigned from her job at

Hyundai Mobis, Delhi. Copy of the resignation letter

dated.08.12.2016 is annexed here to as Annexure-

C2.

1F. That on 15.04.2016 at the house of Mr.Mahesh

Sharma, the uncle of the respondent no.1, roka

ceremony took place at Jaipur. That after the roka

ceremony, the respondents herein told the parents of

the petitioner that their family has decided that the

marriage function will be conducted at Clarks Amer,

Jaipur and they are not willing to travel to Delhi for

the same. That the parents of the petitioner were

shocked by the unilateral decision taken by the

 respondents but as roka had already taken place they

had no other option other then accepting their undue

demand irrespective of the fact that this decision is

going to cost them an additional expenses of around

12 Lac rupees. In addition to this respondent no.3

handed over a list of dowry articles to the father of the

petitioner and asked him to arrange the same.

1G. That on 08.10.2016 sagai/ring ceremony/engagement

function was organised by the parents of the

petitioner at Noida Golf Course, Sec.37, Noida.

1H. That family of the petitioner left for Jaipur on

11.01.2017 where they were asked to arrange ladies

sangeet function as well as marriage also at Clarks

Amer, Jaipur. It is pertinent to mention here that

irrespective of the fact that almost every guest in the

marriage was from the opposite side the petitioner’s

family was forced to bear expenses of the said

function also which cost them around Rs. 25,000/-

(Rupees Twenty Five Lakhs) approx.

1I. That although the parents of the petitioner were

pressurised to arrange function at a five star hotel at

Jaipur the Tilak Ceremony dt.16.01.2017 which is to

be organised by the respondents was conducted at a

very mediocre type Vasudha Palace Guest house,

 Jaipur which was owned by Chacha .i.e. Mr.Mahesh

Sharma of the respondent no.1. That the arrangement

made by them was not satisfactory and the family

member of the petitioner felt humiliated and cheated

by the same.

1J. That on 17.01.2017, as per the schedule, marriage

function took place at the front lawns of Hotel Clarks

Amer, Jaipur and the expenses of the same was born

by the family of the petitioner. That the father of the

petitioner gave each and every item as per the list of

dowry items demanded by the respondents in dowry.

1K. That after the said marriage, grah pravesh of the

petitioner took place at the aforesaid address at Gali

no.3. That to the surprise of the petitioner, on the

very same day in the evening, respondent no.3 and 4

asked her to handover the jewellery item given to her

by her parents on the pretext that it would be

uncomfortable for her to manage heavy jewellery

items at home. Finding no separate room and locker

for her the petitioner herein handed over the jewellery

to them. Their first night arrangement was made at

Hotel Radisson Jaipur where the respondent no.1

drank and smoked whole night and the petitioner’s

request to stop fell on deaf ears. That when the couple

came back to their house in the morning, the

petitioner was confronted by the respondent no.3, 4

and 6 who enquired her that the jewellery is missing

and she should check it in her luggage. That in the

presence of almost 8-10 relatives including Jaya,

Shweta and Priyanka (three married daughters of

respondent no.5) as well as the husband of

respondent no.4 namely Dr.Vishnu Sharma, the

petitioner was repeatedly questioned about the

missing jewellery. She was told by the respondent

no.1 to 6 that if the jewellery could not be traced the

parents of the petitioner have to give it again to them.

That it was only upon the insistence of the petitioner

that she clearly remembers that she has handed over

all jewellery items to respondent no.4 and let her

cupboard be checked thoroughly. The cupboard was

checked and whole jewellery was found safely kept in

a cloth. It is pertinent to note here that Respondent

no.2 gave one mantra to the petitioner and forced her

to chant it 100 times in the presence of other family

member so that the jewellery could be traced. That

after the said incident the petitioner felt humiliated

and suffocated in such an atmosphere. That on the

very same day the petitioner came to know about

some facts which were deliberately hidden by her in-

laws. She came to know that the respondent no.1 is a

 chain smoker and a heavy drunkard. She also came

to know that the family of her in laws has a bad name

in the locality. Petitioner also came to know that bua

of the respondent no.1 Ms.Ritu was kidnapped or she

either voluntarily ran away with her lover in past and

it was only with wide media coverage in news paper

and with the help of police and local politicians she

was brought back and was married somewhere else.

That marriage was done without informing the

background of Bua Ji to her in-law and huge trouble

was created later when her husband came to know

about the past incident. It also came to her notice

that respondent no.4 .i.e. the sister in law has

strained marital ties with her in-laws and she use to

spend most of the time at her Tauji’s place or her

parents place at Gali no.3, Jaipur.

1L. That on the very next day morning .i.e. 21.01.2017

the petitioner herein informed the whole incident to

her mother who called respondent no.3 and showed

her discontent about such behaviour which her

daughter was subjected to. To pacify the situation, the

respondents asked the couple to shift at a nearby

home in Gali no.6 in the same locality which as per

the version of the respondent no.1 is a rented

 accommodation taken by his family as an alternative

accommodation.

1M. That on 21.01.2017 the couple reached Noida by train

as they have to board their flight for Mauritus on 22 nd

morning where they have planned a seven day honey

moon trip. On 22.01.2017 evening they reached

Mauritius and checked in at Hotel Le Grand Bleu,

Mauritus.

1N. That the night of 22nd and 23rd January was like a

nightmare for the petitioner. That immediately after

the couple checked in the hotel, the respondent no.1

started consuming a lot of liquor which he carried

along with him from India inspite of several objections

raised by the petitioner. The respondent no.1 even

after knowing the fact that the petitioner is strictly

against smoking and drinking he puffed cigarettes

after cigarettes and the whole room was filled with

smoke. That even after feeling suffocated, the

petitioner herein tried to sleep but the respondent

no.1 after drinking heavily forced himself upon the

petitioner. That when the petitioner resisted she was

slapped thrice by the respondent no.1 and was

subjected to marital rape along with the unnatural

sex. That the petitioner herein immediately messaged

her mother about the same who called the respondent

 no.1 several times but he didn’t pick a single call.

That on the very next morning the respondent no.1

told the petitioner that she had spoiled his mood and

wasted his money which he spent on the booking. He

again slapped the petitioner and told her that he is

leaving back to India and she shall stay back alone at

Mauritius. It is pertinent to mention here that it was

only after the intervention of the parents of the

petitioner that respondent no.1 stayed back at

Mauritius but every day he drank and smoked

cigarette inside the room. Copy of the whatsApp

messages dt.23.01.2017 sent by the petitioner to her

mother are annexed hereto as ANNEXURE-C3

1O. That on 29.01.2017 early morning, couple arrived at

Delhi Airport from where they were picked and taken

to the parental house of the petitioner at Noida. Here

the parents of the petitioner tried to make respondent

no.1 understand that his behaviour at Mauritius is

inhuman and the same should not be repeated in any

case in future. That instead of realising his mistake

the respondent no.1 got infuriated and hurled abuses

against the petitioner and his parents and started

crying. That respondent no.1 asked the petitioner to

immediately accompany him to his naanaji

respondent no.7 residence at Ramesh Nagar, Delhi

 where after leaving her he went to meet some of his

friends at Delhi. That the respondent no.1 came back

at around 11 P.M in an inebriated state and started

slapping the petitioner saying that she had spoiled his

life. That the petitioner immediately asked

Mr.ShriRam Trivedi for help but he only supported

respondent no.1. That the petitioner herein decided to

call 100 no. on the same night but Mr.Rajesh Trivedi

(mama of the respondent no.1), his wife and

Mr.ShriRam Trivedi (respondent no.7) requested the

petitioner to forgive respondent no.1 else his career

will be spoiled/ruined that when the petitioner tried

to call again Mr.ShriRaam Trivedi (respondent no.7)

slapped the petitioner and said that “agar is ghar

mein police bulai to tujhe jaan se maar dengein”. That

in panic respondent no.1 left the house and stayed at

some of his friend’s place at Delhi. That the petitioner

herein narrated the whole incident to all the

respondents at Jaipur but everybody took side of the

respondent no.1 and asked the petitioner to keep

patience for a while.

1P. That on 31.01.2017 respondent no.1 took the

petitioner to Jaipur where they again stayed together

at the house of Mr.S.S.Sharma, respondent no.5. That

by this time it became very humiliating for the

 petitioner to take his belongings from one place to

another as till now she was not told where to reside

permanently. That on 04.02.2017, the respondent

no.1 herein told the petitioner that he has to leave for

Lucknow immediately and as he himself is residing in

a hostel there he is not in a position to take her along

with him. That respondent no.5 also told the

petitioner that “bahot dekhe tumare jaise paise wale.

Pehle yahan 1-2 saal sab logon ki seva karo uske baad

jana pati ke sath”. That all these facts were

deliberately hidden from the petitioner and his

parents by the respondents and their extended family

members at Delhi/Jaipur.

1Q. That the petitioner no.1 stayed at Jaipur for almost

one week where she was forced to wake up and take

bath at 06:00 A.M in the winter morning and have to

do Jhaadu Pooncha which she never did in her past.

She was subjected to purdah/ghoonghat and was

forced to wear saree all time. It is pertinent to mention

here that the petitioner herein was not even allowed to

wear night suit or salwar suit in the night also as

respondent no.3 and 4 use to sleep in the same room

with the petitioner. That when the petitioner objected

to this cruel behaviour she was slapped by

respondent no.3 & respondent no.4 .i.e. Mrs.Kusum

 Sharma and Mrs.Madhuri Sharma. The petitioner

herein narrated whole incident to the respondent no.1

on phone but he didn’t bother to intervene and

respondent no.5 always supported respondent no.3 &

4 in their criminal acts. It is pertinent to mention here

that respondent no.3 and 4 while subjecting the

petitioner to mental and physical cruelty asked her to

bring more dowry from her father so that they can

buy own house for her son and where petitioner can

live separately with her husband.

1R. That the petitioner herein came back to Noida in the

last week of February and stayed there for almost a

week. Parents of the petitioner met Rajesh Trivedi

(Mama) and ShriRam Trivedi (Nana) of the respondent

no.1 and informed them about the harassment meted

out to petitioner but they also took side of the

respondents and told them that Gajraj and Mohit are

not interested in buying new home at Jaipur and

petitioner has to anyhow live in the house of

respondent no.5. They also suggested the parents of

the petitioner that if they want their daughter to live

happily they should buy a house at Jaipur or Delhi

and gift it to respondent no.1 as a dowry gift else

petitioner has to reside in the combined family at

Jaipur and she has to follow the rules and traditions

 of the family irrespective of her educated and well off

family background.

1S. That finding no other option parents of the petitioner

asked her to join respondent no.1 at Lucknow and in

the last week of February petitioner herein arrived at

Lucknow and joined respondent no.1 at his single

room accommodation at RTC Hostel, Cariappa Road

Cantonment, Lucknow. That the petitioner and her

parents tried to convince the respondent no.1 to take

a separate portion on rent but he rejected the advice

and asked the petitioner to bring a flat in dowry if her

father is so much bothered about his well-being.

1T. That in the morning of 05.03.2017, respondent no.1

asked the petitioner to get ready and accompany her

for a trip which he has planned without informing the

petitioner. As the petitioner was not feeling well that

day she asked the respondent no.1 to postpone it for

some other day which infuriated him and he slapped

her twice. That respondent no.1 immediately went out

of the hostel and came back in 15-20 minutes along

with black label whisky and again started drinking

and smoking inside the room. That all this while the

petitioner herein kept crying but respondent no.1 paid

no heed and instead became more aggressive. That

the petitioner herein called her mother and informed

 her about the same who in turn called respondent

no.3 at Jaipur and told her that respondent no.1 has

again beaten the petitioner and is drinking since

morning which infuriated respondent no.1 and he

again slapped the petitioner and told her to

immediately leave Lucknow else he will throw her out.

Having no other option left petitioner herein booked

her flight ticket out of her own saving and left for her

parental home at Noida.

1U. That in the second week of March 2017 respondent

no.3 called the petitioner and asked her to celebrate

holi at the house of Mr.ShriRam Trivedi .i.e. naana of

respondent no.1 at Delhi and assured her that Mohit

will join her there for the holi celebration. That upon

the advice of the respondent no.3 mother in law, the

petitioner herein went to the house of Mr.ShriRam

Trivedi at Delhi but the respondent no.1 did not turn

up there and after staying at nana ji’s place for 3

days, petitioner herein returned back to Noida. Here

also nana ji of the respondent no.1 use to taunt the

petitioner that “ye ladki pyaar se apne pati ko nai

bula pai, ye kisi kam ki nai hey”.

1V. Irrespective of the fact that the parents of the

petitioner were very disappointed by the inhuman,

unpardonable violent behaviour of the respondent

 no.1 they tried to give one more chance to respondent

no.1 and after convincing their daughter send her

back to Lucknow on 17.03.2017. It is worth

mentioning that neither respondent no.1 nor his

parents and nana ji Mr.ShriRaam Trivedi (respondent

no.7) supported the petitioner all this while and it was

only upon the request of her parents that petitioner

decided to go back to Lucknow even after being

beaten repeatedly during her previous stay.

1W. That after reaching Lucknow thing were good for few

days. The petitioner herein once more tried to make

respondent no.1 understand that after marriage every

girl has a dream of having a sweet home where she

can live happily, where she can cook food for her

husband, where she can decorate her living room

bedroom which can fit as per her taste and

personality and both us spend quality time together

but all this fell on deaf ears and respondent no.1 was

adamant that if you want to stay with me you have to

stay in my hostel room else ask your father to gift us

a house if he is really bothered for our relationship.

1X. That on 24.03.2017 evening after finishing his official

work respondent no.1 arrived at the hostel room in

bad mood. The Petitioner when asked about the

reason he started shouting and threatened to commit

 suicide if things don’t improve in future. He said that

he is under tremendous official pressure and don’t

want to live with the petitioner at any cost. He also

told the petitioner that he has done this marriage

under family pressure and he is not at all interested

to carry on with this relationship. He also threatened

that either he will take divorce or he will commit

suicide but he will live not with the petitioner.

1Y. That on the very same day, respondent no.3 called the

petitioner and told her that tomorrow .i.e. Sunday I

will come to papa ji’s house at Delhi along with Gajraj

and Madhuri and you shall ensure your presence at

his home by that time. That upon the instruction of

respondent no.3 petitioner herein arrived at

Mr.ShriRam Trivedi’s residence at Ramesh Nagar,

Delhi on the very next and stayed there up till

29.03.2017. That during this period several meetings

among both the parties took place but nobody dared

to call respondent no.1 and ask him to apologise for

his behaviour. That Mr.Shri Raam Trivedi

(respondent no.7) told the parents of the petitioner

that after marriage the petitioner has to reside either

at Jaipur (at Mr.S.S.Sharma’s house), Delhi (at his

house) or at Lucknow (in hostel) and she is not

allowed to live at her parental home at Noida. It is

 pertinent to mention here that at Delhi respondent

no.3 and her father Mr.ShriRaam Trivedi (respondent

no.7) again asked the petitioner to get a separate flat

at Delhi as a dowry gift from her father so that the

dispute finally settles down.

1Z. That on 29.03.2017, upon the request of her parents,

petitioner herein one again went to Jaipur for

Gangaur festival which is set to be celebrated on

30.03.2017 and stayed at respondent no.5 (Tauji’s)

house. That respondent no.1 also arrived there from

Lucknow. That during the celebration petitioner

herein asked respondent no.3 to give her some

jewellery to wear which she refused saying that the

same was gifted to them and not to her.

1ZA. That on 01st April 2017 during her stay at Jaipur

petitioner was again subjected to all types of physical

and mental torture. She was forced to do jhadu

poncha by 6:30 A.M every morning. It is pertinent to

mention here that respondent no.5 S.S.Sharma

deliberately and with malafide intent use to force the

petitioner to come in his room, in the absence of any

other family members, and ask her to do jhaadu

poonchah. The respondent no.3, 4, 5 and 6 didn’t

even hesitate in abusing the petitioner in front of the

guests. Respondent no.3 & 6 used to taunt her for

 every minute thing, be it any household chores or any

post marriage rituals. They are very interfering and

demanded to be updated on every private matter

between husband and wife (even on sex between

them). That this unrelenting course of abusive and

humiliating treatment render the life of the petitioner

miserable. That the petitioner herein lost her privacy

and could not even watch movie or read newspaper or

magazine as per her desire.

1ZB. That on 05.04.2017 petitioner along with the

respondent no.1 left for Lucknow. Although during

Gangaur celebrations respondent no.1 promised the

petitioner that he will not drink and smoke in future

but immediately after coming back to Lucknow he

started drinking and smoking without break. The

respondent no.1 is a chain smoker and is in habit of

smoking 10-15 cigarretes at a go. That during their

stay at Lucknow both of them use to have same

breakfast, Lunch and dinner at the hostel canteen.

That petitioner herein was practically confined into

the four walls of the hostel where she has no neighbor

no family member and no colleague to talk.

1ZC. That upon hearing the sorry state of affairs from her

daughter, parents of petitioner decided to personally

talk to respondent no.1 and thereby left for Lucknow

in the second week of April 2017. That in the evening

of 12.04.2017, parents of the petitioner Mr.Sanjiv

Misra and Preeti Misra invited the petitioner no.1 and

respondent no.1 for dinner at their home situated at

285, B.N.Verma Road(Kachehary Road), Lucknow.

After the dinner when Mr.Sanjiv Misra enquired the

respondent no.1 that why he is so tense he started

shouting that “Your daughter is the reason for my ill

health. Because of her I lost 10 Kg weight in the last 1

month. I don’t want to live with her, I will commit

suicide”. That respondent no.1 also threatened the

parents of the petitioner that all of you will spend

your life in jail if I commit suicide. That immediately

after this unprecedented outburst, respondent no.1

went downstairs and started crying on public road.

Somehow Mr.Sanjiv Misra (father of the petitioner)

pacified the Respondent no.1 who abandoned the

Petitioner and returned alone to his hostel at

Lucknow drop him along with his daughter at the

hostel. On each single day thereafter respondent no.1

threatened the petitioner that he will commit suicide if

she didn’t leave him. Finally having no other option

parents of the Petitioner booked tickets for her and

she returned back to Noida.

 1ZD. That in the months of May-August 2017, parents of

the petitioner tried their best to bring Respondent

no.1 on talking terms with the petitioner but he

rejected the offer. At last in the month of September

2017 upon the request of Respondent no.7

Mr.ShriRaam Trivedi, respondent no.1 agreed to meet

the petitioner and a meeting was arranged on

23.09.2017 at CCD, Cannaught Place, New Delhi.

That during the conversation Respondent no.1 again

became violent and started shouting at the petitioner

saying that along with me you have made the life of all

my family members miserable. He again conveyed his

intention that he is not at all interested in carrying on

this relationship and she should think of a second

marriage now. That after coming out of the CCD, the

petitioner herein generally asked the Respondent no.1

that whether he has a girlfriend and because of her he

wants to leave her, the respondent no.1 became

violent and started hitting the petitioner on his face

and back in full public view and it was only after the

bystanders intervened he left the place.

1ZE. That finding no other alternative and the

reconciliation seems a distant dream parents of the

petitioner once again tried their best to convince

respondent no.1 to mend his ways but he was

 insensitive to their request. It was again only after the

intervention of Mr.ShriRaam Trivedi (Respondent

no.7) that on 19.11.2017 all the respondents along

with one Mr.M.L.Acharya(alleged social worker and an

ad hoc mediator of Respondents) and Mr.ShriRaam

Trivedi (respondent no.7) came to Hotel Holiday Inn,

Delhi and met the parents of the petitioner. Herein

again all respondents tried to extract some more

amount as a dowry from the parents of the petitioner

but after watching their aggressive attitude

respondent no.2 said that “humein tum bhenchodon

ka ab ek rupaya nai chahiye. Poore saman ki list mail

karo acharya sab ko hum sab lauta dengein. Apni

ladki ko ab apne paad rakho mere IAS ladke ke lie to

50 ladkian taiyar hain. In bhenchodon ko kutton ki

bhasha mein samjhanan padega”. That after this all

the respondents left the venue. As asked by

respondent no.2 list of jewellery, cash and other items

given as a dowry was mailed to Mr.Acharya of which

no reply was received till date. Copy of the e-mail

dt.30.11.2017 is annexed hereto as ANNEXURE-C4

1ZF. That on 18.12.2017 father of the petitioner received

one mail send on behalf of respondent no.2. That even

the plain reading of that mail prima facie suggest that

it was written by the respondent no.2 to create a false

 defense for immoral, inhumane and dastardly acts

committed by their family members on the Petitioner.

That the said mail was duly replied by the father of

the petitioner but till date no reply received. That

since then whenever the father of the petitioner tried

to contact any of the family members of the

respondent they either don’t pick his phone or else

disconnect it. Copy of the e-mail dt.18.12.2017 and

reply dated 20.12.2017 are annexed hereto as

ANNEXURE-C 5 (Colly.)

2. That the respondents are neither willing to return the

jewellery, cash and other items received by them at the

time of marriage nor they are ready to ask their son to

mend his ways. At the end of this episode the petitioner

along with her parents felt cheated, ditched and

humiliated. Copy of the list of expenses incurred by the

petitioners family at the time of marriage along with

available bills at hand is annexed hereto as Annexure-C6

(Colly).

3. That petitioner tried her best to save her marriage but the

persistent reprehensible conduct, emotional upset,

indifference and total departure from the normal standard

of conjugal kindness by the respondent no.1 caused grave

injury to mental well-being of the petitioner and caused

unhappiness and dissatisfaction towards him and

 deteriorated the relationship to an extent that she finds it

extremely difficult to live with the respondent no.1 any

longer.

4. That irrespective of the fact that respondent no.1 is a class

I officer selected by UPSC, respondent no.2 is Deputy

Manager at State Bank of Bikaner & Jaipur and

respondent no.5 is a well-known Gastroenterologist and

Hrpatologist they all acted in connivance along their wives

and Mr.ShriRaam Trivedi (Respondent no.7) under a pre

planned conspiracy and subjected the petitioner to physical

and mental torture with the ulterior motive of extracting

dowry from her parents.

5. That the family of the respondents reside together at the

residence of respondent no.5 at plot no.107, Gali no.3,

Guru Jambeshwar Nagar, Gandhi Path Vaishali Nagar,

Jaipur and all the decisions in the family are taken jointly

and collectively. That Mr.ShriRaam Trivedi (respondent

no.7) who is the nana of respondent no.1 is also a fatherly

figure of the family and his words bore final verdict always.

That since beginning all the respondents equally and

collectively participated in affirming the marriage proposal,

all of them jointly and collectively hidden the violent and

psychopathic nature of respondent no.1 along with his

drinking and smoking habits and deliberately hidden the

fact that their family has a bad name in the locality.

6. That the continuous and deliberate criminal acts of

domestic violence committed by the respondents were

brought to the notice of all the relatives from both the sides

and they tried several times in the past to make the

respondent no.1 stop drinking and live a civilised life but

he never paid heed to any effort made by the relatives and

well wishers. That respondent no.1 to 4 are in a habit of

using foul language every then and there. That because of

the marital discord in her family life the respondent no.4

mostly resides along with the other respondents at their

aforesaid address at Vaishali Nagar and she never wants

that some other girl take her place in parental home and

thus always hatched conspiracy against the petitioner.

7. That all the reconciliation efforts made by the petitioner

and his family members were frustrated by concerted

efforts of the respondents who are planning to remarry the

respondent no.1 somewhere else.

8. That irrespective of the fact that the respondent no.1 earn

handsomely he never took the responsibility of the

petitioner. That the lifestyle of the respondent no.1 does

not change even after the persistent request made by the

petitioner and he continued with his drinking habits and

all his salary was spent on drinking and other unknown

expenses which the petitioner never came to know. That till

date all the expenses of the petitioner were taken care of by

 the parents of the petitioner and the respondent no.1 never

took care of her.

9. That all the Jewellery and stridhan of the petitioner was

taken by the respondent no.1 to 4 and is still in their

possession. That the present market cost of the jewellery is

approx Rs.27,00,000/- (Rupees Twenty Seven Lac). That as

per the knowledge of the petitioner all her jewellery has

been kept in some bank locker belonging to respondent

no.2 or 3 at Jaipur.

10. That since the month of January 2018, the petitioner

herein is residing at the aforesaid address and is presently

pursuing French Language Course from Bhartiya Vidhya

Bhawan, Delhi. Copy of the rent agreement and identity

card of the petitioner is annexed hereto as ANNEXURE-

C7(Colly)

It is humbly prayed that this Hon’ble Court may kindly

take cognizance of the complaint and pass all/ any orders,

as it deemes essential in the circumstances of the case:

(A) Pass protection order u/s 18 and/or

(B) Pass residence order u/s 19 and/or

(C) Direct the respondent no.1 to pay monetary relief as

per section 20.

(D) Pass orders under section.21 of the Act.

(E) Direct the respondents to pay compensation or

damages as per section 22 and/or

 (F) Pass such interim orders this Hon’ble Court deems

just and proper;

(G) Pass any such order(s) which is deemed proper in the

facts and circumstances of the case.

11. Orders Required:

(i) Protection order under section.18

(a) Prohibit the acts of domestic violence by granting

an injunction against the respondents from

repeating any of the acts mentioned herein above.

(b) Prohibiting the respondents from any sort of

communication with the aggrieved lady.

(c) Prohibit/restrain the Respondents, their agents,

servants or any other family members from

dispossessing the Petitioner from her present

residential premises in Delhi.

(d) Prohibiting the respondents from alienating the

assets of the petitioner.

(e) Directing the respondents to stay away from the

dependents/relatives of the aggrieved lady and to

prohibit violence against them;

(ii). Residence order under section.19

(a) Order granting right to aggrieved lady to continue having

access to personal articles.

An order directing the respondents to:

 (b) Secure the same level of alternate accommodation or pay

rent for the same.

(iii) Monetary reliefs under section. 20

(a) Monthly expenses :Rs.70,000/-per month

(b) Amount for running house : Rs.5,00,000/-

(c) Claim towards medical expenses: Rs.2,00,000/-

(d) Amount towards diet, clothing: Rs.25,000/- per month

and other basic requirement.

(e) Legal Expenses : Rs.2,00,000/-

(f) Loss of earning : Rs.70,000/- per month

(g) Claim towards mental and physical: Rs.25,00,000/-

Harassment of aggrieved lady as

Specified in clause

Total Amount Claimed : Rs.35,65,000/-

(h) Any other order, any other amount in the form of

compensation which this Hon’ble Court may deem fit in the

interest of justice.

(iv) Monetary reliefs under section.22

Any other order, any other amount in the form of

compensation and damages for the injuries including

mental torture and emotional distress caused by the acts

of domestic violence committed by the respondents, which

this Hon’ble Court may deem fit and proper in the facts

and circumstances of the case and in the interest of justice

may grant.
12. Details of prior litigation

NIL

13. Condition of aggrieved lady

That the aggrieved lady does not have any source of income

and is presently unemployed.

14. Condition of respondent no.1

That the respondent no.1 is a Indian Defence Account

Service Officer, Group A Class I, and is presently working

as ACDA at PCDA CC, Main Office, Lucknow and is earning

around Rs.80,000/- per month(excluding perks,

allowances and other benefits etc.). That he has shares in

the family properties situated at several places at and

around Jaipur. The respondent no.2 and 3 also have

several properties and agricultural land in their name and

are living a comfortably life at Jaipur/Bikaner.

PRAYER

It is therefore, most respectfully prayed that this Hon’ble

Court may be pleased to grant the relief(s) claimed therein

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 aggrieved lady from domestic

violence and in the interest of justice.

COMPLAINANT

VERIFICATION

Verified today at New Delhi on _____th Day of March 2018.

Verified that the para no.1 to 5 of the application are true

and correct to the personal knowledge of the aggrieved lady

and nothing has been concealed there from.

COMPLAINANT

Filed Through

Singh&Co.
 Advocates and Consultants
SHYAM SINGH CHAUHAN
(Advocate)
559, Mayur Vihar, Phase II,
Pocket E, Delhi-110091
singhandco.in@gmail.com
011-43038670, 08287551234

IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE, KARKARDOOMA DISTRICT COURT, DELHI

CRIMINAL COMPLAINANT NO. ………. OF 2017

IN THE MATTER OF:

Isha Misra …….. Petitioner/Aggrieved Lady
Versus
Mohit Sharma & Ors
……. Respondent/Opposite Parties
AFIDAVIT
I, Isha Misra D/o Sanjiv Misra w/o Mohit Sharma aged about 30

years R/o Flat No.64A, Pocket B, Dilshad Garden, Delhi-

110095 solemly affirm and state as under:-

1. That I am the aggrieved in the accompanying application

u/s 23 of the Protection of women from the Domestic

Violence Act, 2005 for grant of ad-interim relief filed for

myself and is fully conversant with the facts and

circumstances of the case and hence competent to swear

this affidavit.

2. That the applicant/aggrieved has filed the accompanying

application against the respondents, the contents of the

same may be read as part and parcel of the present

affidavit and the same is not being repeated herein for the

sake of brevity.

3. That the respondents have committed the act of domestic

violence against the petitioner.

4. That the relief claimed in the accompanying application are

urgent in as much as the complainant would face

continued financial burden wherein she is totally

dependent upon her parents and has no source of income

and it would be difficult for her to survive if the said relief

are not granted ex-parte ad-interim basis.

5. That the facts mentioned herein are true and correct to my

knowledge and belief. No part of it is false and nothing

material has been concealed therefrom.

 DEPONENT

VERIFICATION

I, the above named deponent do hereby verify that the contents

of this affidavit are true and correct to my knowledge and belief.

No part of it is false and nothing material has been concealed

and suppressed there from.

Verified at New Delhi on this ____ March 2018.

DEPONENT

IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE, KARKARDOOMA DISTRICT COURT, DELHI

CRIMINAL COMPLAINT NO. ………. OF 2017

IN THE MATTER OF:

Isha Misra …….. Petitioner/Aggrieved Lady

Versus
Mohit Sharma & Ors

……. Respondents/Opposite Parties

APPLICATION ON BEHALF OF THE AGGRIEVED LADY

UNDER SECTION 23 OF THE PROTECTION OF WOMEN

FROM DOMESTIC VIOLENCE ACT,2005 FOR GRANT OF

INTERIM ORDERS

MOST RESPECTFULLY SHOWETH:

1. That the applicant/aggrieved has filed the accompanying

application under section.12 of the protection of women

from Domestic Violence Act,2005 against the respondents,

the contents of the same may be read as part and parcel of

the present application and the same is not being repeated

herein for the sake of brevity.

2. That the applicant seeks an ad-interim relief of seeking the

direction of this Hon’ble Court to the respondents to grant

Rs.10,00,000/-(Ten Lac Only) as the aggrieved has no

means to manage her day to day expenses of life.

3. That the respondent no.1 is not exerting/fulfilling any of

his responsibilities and all the other respondents have

made her life hell.

4. That the respondents have committed the series of acts,

which are covered under the definition of “Domestic

violence” under the Protection of women from Domestic

Violence Act,2005.
5. That the respondent no.1 has not paid any amount so as

to fulfill the basic need of the applicant/aggrieved lady,

which is covered under the definition of “Economic Abuse”

u/s 3 (iv) of the Act.

6. That the aggrieved may also take any other ground with

due permission of this Hon’ble Court during the course of

arguments.

7. That the applicant/aggrieved has not filed any other

application/ petition seeking a similar relief under this act

before any court of law.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court

may be pleased to:

a. prohibit/restrain the respondents from communicating in

any form with the complainant/aggrieved;

b. grant to the aggrieved an ad-interim relief of

Rs.10,00,000/- (Rupees Ten Lac) to be paid by the

respondent no.1; and or

c. pass such order as this Hon’ble Court may deem fit and

proper under the given facts and circumstances of the case

and in the interest of justice.

Place: New Delhi

Dated: ___.03.2018 COMPLAINANT

 Filed Through

Singh&Co.
Advocates and Consultants
SHYAM SINGH CHAUHAN
(Advocate)
559, Mayur Vihar, Phase II,
Pocket E, Delhi-110091
singhandco.in@gmail.com
011-43038670, 08287551234

IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE, KARKARDOOMA DISTRICT COURT, DELHI

CRIMINAL COMPLAINT NO. ………. OF 2017

IN THE MATTER OF:
Isha Misra …….. Petitioner/Aggrieved Lady
Versus
Mohit Sharma & Ors
……. Respondent/Opposite Parties

AFIDAVIT UNDER SECTION 23(2) OF THE PROTECTION OF

WOMEN FROM DOMESTIC VIOLENCE ACT,2005

I, Isha Misra D/o Sanjiv Misra w/o Mohit Sharma aged about 30

years R/o Flat No.64A, Pocket B, Dilshad Garden, Delhi-

110095 solemly affirm and state as under:-

That I am the petitioner in the accompanying complaint for

compensation filed for myself and is fully conversant with the

facts and circumstances of the case and hence competent to

swear this affidavit.

1. That the accompanying complaint and the details provided

in the present complaint for grant of relief under section.12

have been drafted by my counsel at my instructions. The

facts thereof are true and correct to my knowledge based

on the records and contents of the same have been read

over to me in vernacular and I have understood the same.

2. That the deponent apprehends the repetition of the acts of

domestic violence by the respondents against which relief

is sought in the accompanying complaint.

3. That the applicant/aggrieved lady has filed the

accompanying application under section.12 of the

protection of women from domestic violence act,2005

against the respondents, the contents of the same may be

read as part and parcel of the present affidavit and the

same is not being repeated herein for the sake of brevity.

4. That the respondents have committed the domestic

violence as :
 (i) Because the respondents are not paying the

complainant/aggrieved the amount as basic need for

her as per her accustomed standard of living.

(ii) Because the respondents have always been showing

their violent, aggressive and suppressing attitude

towards the complainant/aggrieved and her relatives.

(ii) Order may be passed against the respondents

restraining themselves from any of the act mentioned

in para ……. of the complaint.

5. That the relief claimed in the accompanying application are

urgent in as much as the complainant would face continued

financial burden wherein she is totally dependent upon her

parents and had no source of income and it would be difficult

for her to survive if the said relief are not granted ex-parte ad-

interim basis.

6. That the facts mentioned herein are true and correct to my

knowledge and belief. No part of it is false and nothing

material has been concealed there from.

DEPONENT

VERIFICATION

I, the above named deponent do hereby verify that the contents

of this affidavit are true and correct to my knowledge and belief.

No part of it is false and nothing material has been concealed

and suppressed there from.

Verified at New Delhi on this ___ March 2018.

DEPONENT