IN THE COURT OF ILLAQA/DUTY JUDICIAL MAGISTRATE IST

CLASS, LUDHIANA.

1) _______________aged about __ years wife of Sh.

____________ and daughter of Sh. ___________

2) ____________ daughter of ________________, through his

mother, Next Friend and Guardian _____________, who is
not having any adverse interest to that the of the minor,
both resident ________________.

Applicants/Aggrieved persons

V e r s u s

… Respondents

Application Under Section 12 of the Protection of

Women from Domestic Violence Act, 2005 (Act 43 of
2005) for;
Issuance of Protection Order Under Section 18 of the
Act;

i. Restraining the respondents from committing

any act of domestic violence.
ii. Restraining the respondents from aiding and
abetting the domestic violence.
iii. Restraining the respondents either themselves
or through any other person from alienating,
transferring, mortgaging the following
properties:-
a) House No. 2C/1277, Dayal Colony, Hakikat
Nagar, Saharanpur-247001.

iv. Restraining the respondents from

communicating domestic violence in any form
whatsoever with the aggrieved persons by way
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 of personal, oral, written, electronic or
telephonic contact.

A N D
ISSUANCE OF RESIDENCE ORDER under Section 19 of the
Act, restraining the respondents from disposing of
the articles entrusted to the respondents which are
lying at the said matrimonial house of the
applicant or in any manner and allowing the
applicant/ aggrieved person to live in the shared
house and household of house situated at House No.
2C/1277, Dayal Colony, Hakikat Nagar, Saharanpur-
247001.
A N D

Directed the respondent no.1 to provide the

suitable rented accommodation to the applicants
no.1 and 2 at Ludhiana and to pay the amount of
Rs.30,000/- per month to them.

AND

ISSUANCCE OF ORDER FOR MONETARY RELIEF under

Section 20 of the Act directing the respondents to
pay an amount of Rs.50.00 Lacs on account of
expenses and losses suffered by the applicant/
aggrieved person on account of domestic violence
committed by the respondents and to pay
Rs.1,00,000/- per month towards maintenance of the
aggrieved person by respondents.
A N D
ISSUANCE OF COMPENSATION ORDERS under Section 22 of
the Act, directing the respondents to pay an amount
of Rs.50.00 Lacs to the aggrieved person as
compensation and damage for the injuries, including
mental torture and emotional distress caused by the
acts of domestic violence committed by the
respondents.
A N D

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 For any other alternative or efficacious relief
which this Hon’ble Court may deem fit and proper in
the circumstances of the case.
Sir,
The applicant/ aggrieved person, respectfully
submits as under:-

1. That the applicant No.1 is aggrieved lady within

the meaning as defined U/s 2(a) of the Protection
of Women from Domestic Violence Act, 2005.

2. That respondent no.1 is the husband of applicant,

respondent no.2 and 3 are the mother-in-law and
father-in-law of the applicant, respondent no.4 is
brother-in-law and respondent no.5 is sister-in-
law of the applicant/aggrieved person.

3. The applicant No.1 was married to the respondent

No.1 on 5th Feb-2018 at Royal Castle, Neelon Canal
Bridge at Ludhiana, according to Hindu Rites and
Ceremonies.

4. That before the marriage on 22 nd October 2017, the

respondent no.2 to 4 and aunt (bhua) of respondent
no.1 visited the house of the parents of the
applicant/aggrieved person no.1 and demanded that
the marriage of the applicant aggrieved person no.1
and respondent no.1 should be solemnized with a
great pomp and show and also demanded various gold
and other precious articles. The parents of the
applicant aggrieved person no.1 showed their
inability to fulfill the illegal demands of the
respondents persons, but in order to provide better
matrimonial life, clearly told the family members
that they will provide each and everything to the
applicant /aggrieved person no.1 as per their
capacity in order to fulfill the illegal demands of
the respondents, but however, the said articles and
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 cash shall be in custody of the respondents, but
shall be returned to the applicant/aggrieved person
no.1 as and when demanded by her. The father of the
applicant no.1 made arrangement of the marriage of
the applicant with respondent No.1 as per demand of
the respondent persons and spent huge amount of
Rs.85,00,000/- (Rupees eighty Five Lakhs)over all
expenses including gifts and Jewelerries, which had
been arranged by father of the applicant no.1.
Copies of the photographs and bills of the marriage
are attached.

5. That prior to the marriage, Roka ceremony of the

applicant no.1 and respondent No.1 was also
performed by the parents of the applicant no.1 as
per the demand of the respondents on 4 th February
2018 at Saharanpur (Hotel The Oasis) and near about
800 persons from both side attended the same.
Various gifts were entrusted to the respondents in
the shape of Roka Tewa Shagun as demanded by
respondent no.2 and 3. The following articles were
handed over to the respondents at the time of Shagun
ceremony:-

(i) Respondent no.1: Rs.11, Lakh cash as

shagun to respondent no.1 ,one gold chain
weighing 22 grams, One Car make Honda City
petrol VX, one wrist watch, 5 coat pent ( 3
pcs each set), 5 unstitched suits,5 sets of
bedding pack (5 items in each box) 1 Air
Conditioner, 1 Refrigerator, 1 kingsize
double Bed, 8 mattress, dressing table,
dining table with marble top (8 seater),
LED TV, Almirah, 9 VIP/Delsey Briefcase
full of gifts and relatives clothes.

(ii) Respondent no.2 : One Gold ring

weighing 7 gram to Pawan Rana,
Rs.1,51,000/- as shagun, (18 unstitched
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 gents suits for relatives as per
demanded)and 800 persons milni @1100/-and
500/- each as respondent no. 2 asked to do
so accompanying himself for that ceremony
(total milni of relatives gifted 4,00,000
cash).

(iii) Respondent no.3: Rs.1,51,000/- as

shagun, one necklace set weighing 3 Tola,
Three ear rings sets weighing 7 gram each,
18 unstitched ladies suit asper demanded
for self and relatives, 18 Shawls, one gold
bracelet for grandson of respondent no.2
and 3, weighing 1/2 Tola.

(iv) Respondent no.4: Rs.51,000/- cash as

shagun, one gold ring weighing 7 gram, 2
suits (3 pcs each set).

6. That on the day of marriage i.e. 05th Feb-2018, as

per the demands of the respondents following
articles were handed over to the respondents at the
time of marriage:-
(i) Respondent no.1: One diamond gold ring,
Rs.1,51,000/- cash as shagun,

(ii) Respondent no.2: Rs.51,000/- cash as shagun,

and Rs.1,00,000/- as barat milni. 18 sets
unstitched gents suit, 18 Gents shawls.

(iii) Respondent no.3: Rs.51,000/- cash as shagun,

18 sets unstitched ladies suit, 18 ladies shawls,
11 Sarees, 101 utensils including crockery sets,
juicer, mixer, Microwave Oven, tea set.

(iv) Respondent no.4: Rs.51,000/- cash as shagun,

furniture, sofa set etc.

(v) Respondent no.5: Rs.21,000/- cash as shagun, Five

unstitched ladies suit, two sarees.

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 The parents of the applicant no.1 gave 1 necklace
set 11 Tolas, 3 Rings 2 Tola each, 2 Jhumkies 2.5
tola each, 5 Set Ear Rings 2.5 Tola, Payals 14 set,
Kanyadaan shagun cash Rs,3,65,500/- handed over to
respondent no. 2 at the time of Vidayee Pathferi.

7. That moreover, all the dowry articles were

entrusted to the respondents and at the time of
giving the above noted articles, it was again made
clear by the parents of the applicant no.1 that all
the articles should be handed over to the applicant
as and when demanded/requested by the applicant
no.1. Infact the entrustment was made on the
request of the respondents as they wanted to show
to the guest present in the marriage that instead
of the articles being a part and parcel of dowry,
are rather customary gifts. However, the father of
the applicant no.1 resisted to this fact, but the
respondent no.2 and 3 i.e. mother-in-law and
father–in-law of the applicant made a request to
not to allow the guest know about the factual
position and they shall remain bound by their word
of handing over the articles to the applicant no.1
as and when demanded by her.

8. That after reaching the matrimonial house, the

applicant no.1 was not treated well and was not
welcomed. Rather, the greed of the respondents
started to show on the faces and behavior of the
respondents. Infact, on 7.2.2018 itself, the
respondent no.3 i.e. mother-in-law of the applicant
no.1 took all the jewellery which was even in
possession of the applicant no.1 to be kept in safe
custody and to be returned as and when demanded by
the applicant no.1. The applicant no.1 being an
innocent lady immediately handed over the costly
clothes, personal belonging and jewellery to the
respondent no.3. Thereafter, the respondent no.3 of

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 the applicant no.1 even asked not to lock any of
the suit cases or cupboard but however, as some
personal articles which are very close to the heart
of the applicant no.1 were lying in the cupboard,
as such, the applicant no.1 did not handover the
keys of the cupboard to the respondent no.3. At
this, respondent no.1 and 3 broke the lock of the
cupboard and threw away the keys. The personal
artifacts were taken away by the respondent no.3.

9. That the marriage was finalized after the

respondent no.2 and 3 promised the parents of
applicant no.1 that their son was working in
London, and the applicant no.1 will also live with
the respondent 1 after marriage. The applicant no.1
and her parents had clearly stated that she is a
working girl and will work after marriage also. The
respondents had accepted and shown full trust. But
after marriage, the respondent no.1 never went to
London and it came to the knowledge of the applicant
no.1 that the respondent no.1 had much lesser
salary and package, than the salary which was
informed to applicant no.1 before marriage. The
respondent no. 2 and 3 also started harassing the
applicant no.1 for household chores, and told her
that she cannot get a job. She should only focus on
home affairs and conceive a male child as soon as
possible. They even threatened that only if the
applicant no.1 gave birth to a son, they will let
her live with their son.

10. That thereafter, respondent no.2 started harassing

the applicant no.1 while stating that marriage
celebration and dowry was not upto the
expectations. Respondent no.2 used to call the
applicant no.1 in his room and abuse the applicant
no.1 and used to say that this is his “friendly
way” to interact with the applicant no.1.

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 Respondent no.1 too used to assist the respondent
no.2 Pawan Rana. The applicant no.1 was being
harassed at the hands of respondents for house hold
chores and on petty issues, which a normal person
would ignore. So many times, the respondent no.2
called the applicant no.1 and told her to “behave
like a good daughter in law, good daughter in laws
only think about the well fare and benefits of
inlaws, to not worry about her parents economic
conditions, but fight them for bringing more goods
and money into the inlaws family”. The applicant
no.1 even sought support from respondent no.3 i.e.
her mother in law, to which the respondent no.3
responded that the applicant no.1 should get used
to this, “humaare yahan aisa hi hove hai, hum toh
aise hi hain tu jaldi hi badal jaa aur hamare dhang
se rahne seekh le ”

11. That in the month of April-2018, the applicant no.1

moved to Ghaziabad rented flat with respondent no.1
after lot of pleading and requests made by the
applicant no.1 and at this, the respondent no.2 and
3 told the applicant no.1 to ask her parents to
give more home furniture and house hold items for
Flat separately. The father of applicant no.1
deposited Rs.1,00,000/- into the account of
applicant no.1 and the mother of applicant no.1
also handed over Rs.1,00,000/- cash for the
purchase of house hold items, as respondent
no.3 had not allowed the applicant to carry any
kitchen item, clothing, jewellery etc. to
Ghaziabad. Whenever, the applicant no.1 visited
Ludhiana, the respondents would call the applicant
no.1 repeatedly and asked what all was being
brought by the applicant no.1 from her parents
place. At times, when the applicant no.1 under
stress and could not respond, then the applicant
no.1 was emotionally tortured and the respondent
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 no.2 and 3 would say that they won’t allow their
son to stay with the applicant no.1, in case the
applicant no.1 did not accede to their demands. On
several visits to parents place, the parents of
applicant no.1 gave huge cash amounting to 5 lacs,
clothes, utensils, furnishing like bed sheets,
blankets, shoes for respondent no 1, clothings for
respondent no.1 to 5.

12. That the applicant no.1 and respondent no.1 moved

to Gurgaon, as Gaurav Rana changed his place of
work during the month of October, 2018, and in the
meantime, the applicant no.1 became pregnant.
During the second month of pregnancy, the applicant
no.1 was tortured by respondent no.1 at the
influence and guidance of respondent 2 and 3, as
the applicant no.1 refused to ask her parents to
fulfill the illegal demands of gold jewellery i.e.
necklace weighing 10 Tola. On the day of
applicant’s first karvachauth, the respondent no.2
harassed the applicant no.1 in the presence of
respondent no.1, as to why her parents did not bring
expensive gifts, and the necklace they had asked
for as it is first karvachauth and it should have
been a grand affair.
13. That the applicant no.1 was two months pregnant,
but the respondents did not care and went onto even
threaten her that the applicant no.1 can go to her
parents house “forever”, deliver her baby there.
The applicant no.1 was traumatized after this
incident. The applicant no.1 requested her parents
to bring the gold jewellery and hand it over to
respondent no.3.

14. That fearing for the well being of the applicant

no.1, parents of the applicant no.1 requested the
respondent no. 1 to 3 and took back the
applicant no.1 to Ludhiana for few days, so she

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 could rest and take care of her health. But after
even a month, respondent no 1, refused to accept
the applicant no.1 back at Gurgaon. This
traumatized the applicant no.1 so much that her
child stopped moving inside womb, and the applicant
no.1 was rushed to SPS Apollo hospital, Ludhiana
under the supervision and treatment of Dr. Venus
Bansal, who took in the applicant no.1 for
ultrasound scan. The applicant no.1 informed this
to respondent no.1, but there was no change in the
behavior of any of the respondent persons. Even
after about a month of residing at Ludhiana,
respondent no.1 or any of the respondents did not
come to Ludhiana to take the applicant no.1 back as
per the rituals and custom prevalent in the
society, rather they refused to take the applicant
no.1 back. The applicant no.1 and the parents of
the applicant no.1 pleaded to respondent no.1, 2
and 3 and thereafter, in the 6 th month of her
pregnancy, the applicant no.1 had to travel all
alone by Amritsar Shatabadi to Delhi and then to
Gurgaon flat. On reaching the Flat at Gurgaon, the
applicant no.1 was harassed mentally and physically
for not bringing the Holi festival shagun and
costly gifts and cash from parents. The applicant
no.1 fearing for her child asked her father to reach
Saharanpur at her in-laws house with shagun and
gifts. The father and brother of applicant no.1
handed over Rs.1.5 Lakh and clothes to the
respondent no.2 and 3 in the presence of respondent
no.4, 5 at Saharanpur.

15. That soon after the respondents sensing that

parents of the applicant no.1 are adhering to their
illegal demands, they started harassing by
advancing the threats of divorce. Even, respondent
no.2 to 5 told the applicant no.1 that if applicant
no.1 shall bear a girl child, then respondent no.
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 1 Gaurav Rana will surely secure divorce from the
applicant no.1. They started torturing by making
hurtful comments like some astrologer has told that
the applicant’s kundli is very bad, she will bear
a girl child and that will lead to her divorce.

16. That the applicant no.1 got hold of some mobile

recordings and chats from the mobile phone of
respondent no.1 and after going through the
contents of the chats and listening the call
recordings, applicant no.1 was shocked to know that
respondent no.1 planned to abandon the unborn child
and applicant no.1 by moving abroad. Due to the
continuous harassment and atrocities committed by
the respondents on the applicant no.1, the unborn
child stopped the movement inside the womb again
during ninth month and as such, the applicant no.1
remained admitted in the hospital, where two
ultrasounds were performed upon the applicant no.1
in Cloudnine Hospital, Gurgaon.

17. That applicant no.1 gave birth to a baby girl on

1st June of 2019 at Cloudnine hospital in Gurgaon,
but respondent no.1 and other respondents were not
happy due to the reason that the applicant no.1
gave birth to a girl child and they started abusing
the applicant no.1 and harassing her mentally even
after knowing that her health was not good. It is
pertinent to mention here that at the time of birth
of girl child, parents of applicant no.1 gave gold
chain, gold pendant and cash to the applicant no.1
and 2. Respondent no.2 started pressuring the
applicant’s father to give a new car, as the car
given in marriage is not good enough and
“defected”.

18. That on 23rd June 2019, the respondent organized a

pooja for new born child in Saharanpur and
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 respondent no.3 demanded articles including
clothing, gold and cash to be given by the parents
of applicant no.1 on the day of shagun and as such,
the parents of applicant no.1 gave shagun including
gold bangle, ear rings etc. worth Rs.4.00 Lakh, but
however, the lust of the respondents was not
fulfilled and as such, after few days the applicant
no.1 was being harassed to shift to Ludhiana. The
applicant no.1 finally gathered up courage to stand
up against the respondents, and refused to let her
parents give another car. This made the respondents
angry and threatened for divorce. The respondents
started pressuring the applicant no.1 to go for
counseling to a psychiatrist as she is abnormal,
and that he cannot stay with such person in
marriage.

19. That the applicant no.1 came at Ludhiana on 13 th

July-2019, as a Roka ceremony was to be performed
of the sister of applicant no.1. The respondent
no.2 abused the applicant no.1 after calling her in
his room and started saying that his son needs to
get divorced. Respondent no.1 who was present in
the room, without responding, left the room and
thereafter stated that whatever his father stated
is correct, as “ssur qo pItqy BI hY, vo qo isrP bwq
kr rhy Qy”. Thereafter, respondent no.1 left for
Gurgaon leaving behind the applicant no.1 and 2 in
Ludhiana and even stopped accepting the phone
calls.
20. That all of a sudden, Gaurav Rana left the service
at Sapient Solutions, Gurgaon, and took up a new
assignment with Aspire Infolabs at Gurgaon and was
ready to leave for Manchester England and this fact
came to the knowledge of the applicant no.1 when
respondent no.1 had already purchased the air
tickets and secured visa from the UK Govt. The
applicant no.1 immediately went to Gurgaon but she
12
 was not allowed to meet respondent no.1 by
respondent no.2 and 3. The applicant no.1 along
with her minor daughter thereafter, went to the
flat, but she was denied entry by the respondent
no.2 and 3 and as such, the applicant no.1 came
back to Ludhiana. The flat keys were taken away by
the respondent no 2, 3. Respondent no.1 came back
after about three months, in first week of
December, but despite numerous efforts, he refused
to meet the applicant no.1 and minor daughter, in
order to commit the act of mental cruelty. However,
on persistent requests and reminders and personal
visit of the father of the applicant no.1,
respondent no.1, 2 and 4 came to attend the
marriage of the sister of applicant no.1 but they
left within two hours of attending the marriage.
Despite numerous telephonic calls to respondent
no.1, he did not attend or responded but however,
on next day, he just replied that the applicant
no.1 should not call him, as the respondents no.2
and 3 does not want the applicant no.1 and her
daughter back in family. They want to get rid of
her, and will pay a settlement amount.

21. That the applicant no.1 came to know that Gaurav

Rana is again going back to England on 31 st
December, 2019,and as such, the father of applicant
no.1 contacted the relatives and informed the
police and went to Gurgaon at the Flat no.809,
Sector-23-A, but however, the respondents refused
to allow the applicant no.1 and her daughter inside
the Flat. A complaint was made to the Gurgaon police
and thereafter, the applicant no.1 was allowed to
enter the Flat. The applicant no.1 lived in the
Flat along with her daughter for 10 days, but
however, the nefarious designs of respondent did
not end, but rather he gave a notice to the landlord
regarding vacation of the Flat. Respondent no.1
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 thereafter, dropped the applicant no.1 at
Saharanpur on the pretext that respondents no.2 to
4 will help her to complete the passport and visa
formalities for the applicant no.1 and her minor
daughter and on the very next day, he went to
Manchester, England. Thereafter, applicant no.1
came to know that respondent no.1 misappropriated
all the articles lying in the flat, which were
purchased by the parents of applicant no.1 or by
respondent no.1 from the funds of the parents of
the applicant no.1. The applicant no.1 was
maltreated, abused and physical assaulted at
Saharanpur, not only by the respondent 2, 3 but by
respondent 4 Ankur Rana in particular verbally
abused, who is an alcoholic with violent behavior.
The applicant no.1 requested the respondent no. 1
to ask respondent no.2 and 3 to somehow let her
travel to passport office and let her apply for her
daughters passport, so she and minor daughter can
go live with him. But even after the passports came,
no one allowed her to apply for visa, stating vague
reasons. The applicant no.1 along with her minor
daughter came back to Ludhiana as she lost all
courage in putting up with the harassments and
torture, and started waiting for respondent no.1 to
return back from England. Respondent no.1 kept
falsely promising the applicant no.1 that he will
rent a flat in Gurgaon as soon he lands in India,
but he refused to do so once he reached. The
applicant no.1 has chats and call recordings as
proof of these promises made by respondent no. 1 to
the applicant no.1.

22. That the applicant no.1 came to know that

respondent no.1 returned back from England on 1st
March 2019, the applicant no.1 immediately contacted
respondent no.1 but he again stated that the pre-
condition for the sustaining of marriage shall be
14
 that the applicant no.1 along with minor daughter
have to live at Saharanpur only or parents place in
Ludhiana. Whereas, respondent no.1 shall work at
Gurgaon and Manchester, England. The applicant no.1
being an obedient house wife and with the effort to
save the marriage life, and thinking that better
sense shall prevail upon the respondents and for
the future of minor daughter went to Saharanpur,
but applicant no.1 was not welcomed but rather she
was beaten, harassed and assaulted at the hands of
respondents. Every ten days or so, the respondent
no.2 to 4 would assault and molest her for minor
discussions between applicant no.1 and respondent
no.1. The respondents threatened for divorce and
pressurized the applicant no.1 for mutual divorce.

23. That the respondent no.1 did not want to give or

save any money for the daughter i.e. applicant no.2
Dipika Rana. The respondent no.1 even refused to
give even daily expenses to applicant no.1 and 2.
The applicant no.1 requested the respondents to
rent a flat in Gurgaon where the respondent no.1
works, so she can also start a job and bring
financial stability for the security of her
daughter and her own life, but the respondents did
not allow the applicant no.1 to work or earn at
Gurgraon in order to upkeep the minor.
24. That on 31st May-2020, the applicant no.1 was
humiliated and molested by respondent no.4 Ankur
Rana despite the fact that the minor daughter was
sleeping in the lap of the applicant no.1 in her
room on first floor of the house. This all happened
on 31st May 2020, one day before the first birthday
of minor daughter. Respondent no.4 molested,
abused and threatened to kill the applicant no.1.
The applicant no.1 was abused and assaulted by
respondents no.2 to 4 who entered the room of the
applicant no.1 unannounced. The minor daughter was
15
 also manhandled. This made the applicant no.1 fear
for her child’s life. It was lockdown and as such,
the parents of the applicant no.1 could not travel
to Saharanpur, but however, the applicant no.1 made
a complaint on women helpline same day when the
respondents left house, the police visited and took
the formal complaint and On 2 nd of June, 2020,
another written complaint was moved to the police
station on the asking of the police to the Incharge,
Police Chowki Sadar Thana. On 3 rd June of 2020, the
parents of applicant no.1 came to Saharanpur and
took the applicant no.1 and 2 back. The applicant
no.1 was tortured, humiliated, assaulted,
maltreated and physically abused with the view to
outrage the modesty of the applicant no.1. The
parents of applicant no.1 and the applicant no.1
demanded back her Istridhan and also the articles
which were entrusted to the respondent persons, but
however, the respondents flatly refused to do so
even no toys of the girl child allows to take with
and it seems that they have sold and
misappropriated the articles entrusted to them.
The respondents have been tortured and have
been mentally pressurized the aggrieved person No.1
in such a way that it has caused not only physical
but even mental cruelty, torture, pain and agony to
the aggrieved person No.1. The respondents have
misbehaved and maltreated the aggrieved person
No.1, not only at their home, but even openly in
the presence of the guests and various family
members.

25. That all the respondents in connivance with each

other having dishonest and malafide intentions in
their minds tried get rid off the
applicants/aggrieved persons and they also
threatened the applicants/ aggrieved persons to
sell out the shared house hold and other properties
16
 for which they are not having any legal right. No
monthly maintenance was paid by the respondents to
the applicants/ aggrieved persons. The respondents
are influential person with means and money power.

26. That the applicant/aggrieved person No.1 was

maltreated, abused and looked down upon even worst
than servants. No money was paid to the applicant/
aggrieved person No.1 and no food and basic
requirements were given to her.

27. That all this maltreatments are being done by the

respondents with a sole aim to throw the applicants
out of the shared house hold and to get rid off the
applicants. The respondents have totally neglected
the applicants in one way or the other by causing
her constant harassment and irritation. The
aggrieved person No.1 is living under constant fear
and she has no proper shelter over her head. The
aggrieved persons are suffering great hardship.

28. That on the other hand, the respondent no.1 is a

man of means and he is working at Aspire Infolabs
at Gurgaon, Haryana, from where he is receiving
monthly salary of about Rs.1,50,000/- per month.
The respondent no.1 also has sufficient bank
balance. The respondent no.1 has no liability
except to maintain the applicants/ aggrieved
persons. Even otherwise, the respondent no.1 is
legally morally as well as socially bound to
maintain the applicant no.1 and minor female child,
as the status of the wife goes after the same status
as her husband does. The position and status have
reference more to the financial then to the social
position.

29. That on the other hand, the applicant/ aggrieved

person No.1 no.2 is house hold lady and does not
17
 know any art of livelihood and is also not having
any moveable and immoveable property on her own
name and is totally dependent upon her parents for
herself for her minor daughter. Even now the
respondents are threatened the applicant/ aggrieved
person No.1 to alienate the properties owns by
them, which are fully mentioned in the head note of
the present application/complaint.

30. That in the circumstances mentioned above, the

applicants/ aggrieved persons are entitled to the
following relief from the respondents:-

Issuance of Protection Order Under Section 18 of the

Act;

a) Restraining the respondents from committing any

act of domestic violence.
b) Restraining the respondents from aiding and
abetting the domestic violence.
c) Restraining the respondents either themselves or
through any other person from alienating,
transferring, mortgaging the following
properties:-
House No. 2C/1277, Dayal Colony, Hakikat
Nagar, Saharanpur-247001.

d) Restraining the respondents from communicating

domestic violence in any form whatsoever with
the aggrieved persons by way of personal, oral,
written, electronic or telephonic contact.

A N D
ISSUANCE OF RESIDENCE ORDER under Section 19 of the
Act, restraining the respondents from disposing of
the articles entrusted to the respondents which are
lying at the said matrimonial house of the
applicant or in any manner and allowing the

18
applicant/ aggrieved person to live in the shared
house and household of house situated at House No.
2C/1277, Dayal Colony, Hakikat Nagar, Saharanpur-
247001.

A N D

Directed the respondent no.1 to provide the

suitable rented accommodation to the applicants
no.1 and 2 at Ludhiana and to pay the amount of
Rs.30,000/- per month to them.

AND

ISSUANCCE OF ORDER FOR MONETARY RELIEF under

Section 20 of the Act directing the respondents to
pay an amount of Rs.50.00 Lacs on account of
expenses and losses suffered by the applicant/
aggrieved person on account of domestic violence
committed by the respondents and to pay
Rs.1,00,000/- per month towards maintenance of the
aggrieved person by respondents.

A N D

ISSUANCE OF COMPENSATION ORDERS under Section 22 of

the Act, directing the respondents to pay an amount

of Rs.50.00 Lacs to the aggrieved person as

compensation and damage for the injuries, including

mental torture and emotional distress caused by the

acts of domestic violence committed by the

respondents.

And

19
 For any other alternative or efficacious relief
which this Hon’ble Court may deem fit and proper in
the circumstances of the case.

It is therefore prayed that this Hon’ble court may

be pleased to grant reliefs claimed therein and passed
such further order as this Hon’ble court may deem fit
and proper under the given facts and circumstances of
the case for protecting the aggrieved person from
Domestic Violence in the interest of justice.

An affidavit duly attested is attached herewith.

Applicant/Aggrieved Person

Through Counsel

Ludhiana

Dt: (Advocate)

20
 IN THE COURT OF ILLAQA/DUTY JUDICIAL MAGISTRATE IST
CLASS, LUDHIANA.

1) _______________aged about __ years wife of Sh.

____________ and daughter of Sh. ___________

2) ____________ daughter of ________________, through his

mother, Next Friend and Guardian _____________, who is
not having any adverse interest to that the of the minor,
both resident ________________.

Applicants/Aggrieved persons

V e r s u s

… Respondents

IN RE: APPLICATION UNDER SECTION 12 OF THE PROTECTION OF

WOMEN FROM DOMESTIC VIOLENCE ACT,2005 (43 OF 2005)

APPLICATION FOR THE AD-INTERM AND EXPARTE ORDER UNDER

SECTION 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC

VIOLENCE ACT, 2005(43 OF 2005) AS AMENDED UPTO DATE.

Respectfully Shweth:-

1. That the applicants have this day filed an application

under section 12 of the Protection of Women from Domestic

Violence Act,2005 (43 of 2005) against the respondents,

which is pending in this Hon’ble court and is most likely

to be accepted on the legal and factual grounds which

are mentioned in the petition and the same are not being

21
 repeated for the sake of brevity, so the same may be

read as part of this application.

2. That the applicant/aggrieved person No.1 no.2 was

maltreated, humiliated and dealt with utmost mental and

physical cruelty by the respondents on the pretext on

bringing less dowry according to their expectations and

was being pressurizing her to fulfill their illegal

demand of more money. The respondent no.1 has

intentionally and willfully neglected and refused to pay

the maintenance to the applicants.

3. That on the other hand, the respondent no.1 is a man of

means and he is working at Aspire Infolabs at Gurgaon,

Haryana, from where he is receiving monthly salary of

about Rs.1,50,000/- per month. The respondent no.1 also

has sufficient bank balance. The respondent no.1 has no

liability except to maintain the applicants/ aggrieved

persons. Even otherwise, the respondent no.1 is legally

morally as well as socially bound to maintain the

applicant no.1 and minor female child, as the status of

the wife goes after the same status as her husband does.

The position and status have reference more to the

financial then to the social position.

4. That on the other hand, the applicant/ aggrieved person

No.1 no.2 is house hold lady and does not know any art

of livelihood and is also not having any moveable and

immoveable property on her own name and is totally

dependent upon her parents for herself for her minor

22
 daughter. Even now the respondents are threatened the

applicant/ aggrieved person No.1 to alienate the

properties owns by them, which are fully mentioned in

the head note of the present application/complaint.

5. That since the respondents committed cruelty and breach

of trust and not only this, respondents are threatening

the applicant/ aggrieved person No.1 and 2 and her

parents and other family members that they would be done

to death in case they will not complete their demands.

As such, the life and liberty of the applicant/aggrieved

person and her family members are in danger at the hands

of respondent.

6. That relief claimed in the present application as well

as in the main petition is of urgent nature as much as
the applicants would face great financial hardship and
would be forced to live under threat of repetition/
escalation of the acts of domestic violence complaint of
in the accompanying petition by the respondents, if the
said reliefs are not granted on exparte ad-interim
basis.

It is therefore prayed that the respondents be ordered

to pay ad-interim exparte maintenance to the applicants at

the rate of Rs.1,00,000/- per month for herself and her minor

daughter i.e. aggrieved person No.2 or in the alternative

from the date of the filing of the petition and also pass

order under relevant sections in favour of the

applicants/aggrieved persons and against the respondents

during the pendency of the present case and litigation

expenses to the tune of Rs.1,00,000/-, may also be awarded in

favour of the applicant/aggrieved person No.1.

23
 An affidavit duly attested is attached herewith.

Applicants/Aggrieved Persons
Dt.
Ludhiana Through Counsel

Advocate

IN THE COURT OF ILLAQA/DUTY JUDICIAL MAGISTRATE IST

CLASS, LUDHIANA.

Vs.

24
 IN RE: APPLICATION FOR THE AD-INTERM AND EXPARTE ORDER UNDER

SECTION 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE

ACT, 2005(43 OF 2005) AS AMENDED UPTO DATE.

AFFIDAVIT
I,

, do hereby solemnly affirm and declare as under:-

1. That the applicants have this day filed an application under

section 12 of the Protection of Women from Domestic Violence

Act,2005 (43 of 2005) against the respondents, which is

pending in this Hon’ble court and is most likely to be

accepted on the legal and factual grounds which are mentioned

in the petition and the same are not being repeated for the

sake of brevity, so the same may be read as part of this

application.

2. That the applicant/aggrieved person No.1 no.2 was maltreated,

humiliated and dealt with utmost mental and physical cruelty

by the respondents on the pretext on bringing less dowry

according to their expectations and was being pressurizing

her to fulfill their illegal demand of more money. The

respondent no.1 has intentionally and willfully neglected and

refused to pay the maintenance to the applicants.

3. That on the other hand, the respondent no.1 is a man of means

and he is working at Aspire Infolabs at Gurgaon, Haryana,

from where he is receiving monthly salary of about

Rs.1,50,000/- per month. The respondent no.1 also has

sufficient bank balance. The respondent no.1 has no liability

except to maintain the applicants/ aggrieved persons. Even

otherwise, the respondent no.1 is legally morally as well as

25
 socially bound to maintain the applicant no.1 and minor female

child, as the status of the wife goes after the same status

as her husband does. The position and status have reference

more to the financial then to the social position.

4. That on the other hand, the applicant/ aggrieved person No.1

no.2 is house hold lady and does not know any art of

livelihood and is also not having any moveable and immoveable

property on her own name and is totally dependent upon her

parents for herself for her minor daughter. Even now the

respondents are threatened the applicant/ aggrieved person

No.1 to alienate the properties owns by them, which are fully

mentioned in the head note of the present

application/complaint.

5. That since the respondents committed cruelty and breach of

trust and not only this, respondents are threatening the

applicant/ aggrieved person No.1 and 2 and her parents and

other family members that they would be done to death in case

they will not complete their demands. As such, the life and

liberty of the applicant/aggrieved person and her family

members are in danger at the hands of respondent.

6. That relief claimed in the present application as well as in

the main petition is of urgent nature as much as the

applicants would face great financial hardship and would be

forced to live under threat of repetition/ escalation of the

acts of domestic violence complaint of in the accompanying

petition by the respondents, if the said reliefs are not

granted on exparte ad-interim basis.

Deponent

26
Verification:-
Verified that the contents of the affidavit are true and
correct to the best of my knowledge and belief nothing has been
concealed therein.

Verified at Ludhiana.
On:

Deponent

27
 IN THE COURT OF ILLAQA/DUTY JUDICIAL MAGISTRATE IST
CLASS, LUDHIANA.

Vs.

IN RE: PETITION U/S 12 OF DOMESTIC VIOLENCE ACT.

AFFIDAVIT

I,

, do hereby solemnly affirm and declare as under:-

1. That the accompanying application U/s 12 of

Protection of Women from Domestic Violence Act, has been
drafted by my counsel at my instructions and the contents
mentioned in the petition has been read over and duly
explained to me by my counsel in simple language, which are
true and correct to the best of my knowledge and belief and
nothing has been concealed.

Deponent

VERIFICATION:-

Verified that the contents of my affidavit are

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

Verified at Ludhiana.

dt:

Deponent

28