IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTARTE, DISTRICT-EAST, KARKARDOOMA COURT
DELHI
Domestic Violence Case No._____of 2024
IN THE MATTER OF:-
Gulnaaz Complainant/Aggrieved Person
Versus
Shahzada & Ors. Respondents
P.S.:- Geetal Colony
“DLSA EAST AIDED CASE VIDE [Link]. /24/KE
INDEX
S.N Particular Page No. Court
o. Fees
1. Memo of Parties
2. Application under section 12 of The 2/-
Protection of Women from Domestic
Violence Act, 2005 along with Affidavit
3. Application under Section 23(2) of The 2/-
Protection of Women from Domestic
Violence Act, 2005. along with Affidavit
4. List of documents along with documents.
5. Vakalatnama (DLSA AUTHORITY)
6.
Delhi Complainant/Aggrieved Person
Dated:-
Through
VINOD KUMAR
ADVOCATE/LAC (EAST)
F-426, LAWYERS CHAMBER,
KARKARDOOMA COURT, DELHI
M-9211085566, 9871363394
IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTARTE, DISTRICT-EAST, KARKARDOOMA COURT
DELHI
Domestic Violence Case No._____of 2024
IN THE MATTER OF:-
Gulnaaz Complainant/Aggrieved Person
Versus
Shahzada & Ors. Respondents
MEMO OF PARTIES
Smt. Gulnaaz
W/o Sh. Shahzada
R/o- Ho. NO. 157, Safeda Jhuggi,
Block-9, Geeta Colony,
near Shamshan Ghat Pusta, Geeta Colony,
Delhi-110031
ALSO AT-
R/o- 293, Jhuggi Safeda, Multani Mohalla,
Geeta colony, Delhi-110031
…Complainant/Aggrieved Person
Versus
Shahzada S/o Sh. Tijamul Ansari
Sh. R/o- Ho. No. T-16/46, Block-9,
Jhuggi Safeda, Geeta Colony,
East Distt, Delhi-110031
…Respondent
Delhi Complainant/Aggrieved Person
Dated:-
Through
VINOD KUMAR
ADVOCATE/LAC (EAST)
F-426, LAWYERS CHAMBER
KARKARDOOMA COURT, DELHI
M-9211085566
IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTARTE, DISTRICT-EAST, KARKARDOOMA COURT
DELHI
Domestic Violence Case No._____of 2024
IN THE MATTER OF:-
Gulnaaz Complainant/Aggrieved Person
Versus
Shahzada & Ors. Respondents
P.S.:- Geetal Colony
P.S.:-
“DLSA EAST AIDED CASE VIDE [Link].1849/23/KE
APPLICATION UNDER SECTION 12 OF THE PROTECTION OF
WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005),
ON BEHALF OF APPLICANT/AGGRIEVED PERSON (SMT.
GULNAAZ).
MOST RESPECTFULLY SHOWETH:
1. That application/complaint under section 12 of the protection of
women from Domestic Violence Act, 2005 (43 OF 2005) is being
filed:-
a.) Aggrieved Person Yes
b.) Protection officer No
c.) Any other person on behalf of the No
aggrieved person.
2. It is prayed that the Hon’ble court may take cognizance of the
complaint/Domestic Incident Report and pass all/any of the orders, as
deemed necessary in the circumstances of the case,
a.) Pass protection order under section Yes
18 and/or
b.) Pass residence order under section Yes
19 and/or
c.) Direct the respondents to pay Yes
monetary relief under Section 20
and/or
d.) Pass order under Section 21 of the Yes
act and or
e.) Direct the respondent to grant Yes
compensation or damages under
section 22 and/or
f.) Pass such interim orders a the court Yes
deem just and proper
g.) Pass any orders as deems fit in the Yes
circumstances of the case.
[Link] required:-
1. Protection order under section 18 Yes
(i) Prohibited acts of domestic violence by Yes
Granting an injunction against the
respondents from repeating any of the acts
mentioned terms of column 4(a)(b)(d)(e)(f)
(g) of the application
(ii) Prohibiting respondent(s) from entering Yes
the school/college/workplace
(iii) Prohibiting from stopping you from going Yes
to my place of employment:
(iv) Prohibiting respondents from entering Yes
school/college/any other place of my son
(v) Prohibiting from stopping the children Yes
from going to school:
(vi) Prohibiting any form of communication by Yes
the respondent (s) with me
(vii) Prohibiting alienation of assets by the Yes
respondent(s).
(viii) Prohibiting operation of joint bank locker No
by the respondents and allowing the
aggrieved person to prohibit violence
against them.
(ix) Directing the respondent to stay away from Yes
the dependent relatives/any other persons
to prohibit violence against them
(x) Any other order, please specify. No
2. Residence order Under Section 19 Yes
An order restraining respondents from
(xi) Dispossessing or throwing me out from Yes
own house, wherein I reside:
(xii) Entering the portion of own house in Yes
which I reside:
(xiii) Alienating/disposing/encumbering the Yes
house of the complainant :
(xiv) Renouncing her rights in the shared Yes
household:
(xv) An order directing respondents: Yes
To remove himself from the owned
household:
Secure same level of alternate Yes
accommodation or pay rent for the same:
Any other order, please specify N.A
3. Monetary Relief under Section 20 YES
(xvi) Loss of earnings amount claimed N.A
(xvii) Medical expenses, amount claimed: NA N.A
(xviii) Loss due to destruction damage or removal N.A
or property form the control of the
aggrieved person, amount claimed: NA
(xix) Any other loss or physical or mental injury 10,000/
as
(xx) Total amount claimed
(xxi) Any other order, please specify As this
Hon’ble
Court deems
fit and
proper.
4. Monetary Relief under Section 20
(xxii) Directing the respondents to pay the N.A
following expenses as monetary relief:
(xxiii) House Rent, Food, cloths medication and Rs. 10,000/-
other basic necessities, amount for the per Month
petitioner
(xxiv) School fee and related expenses, amount N.A
(xxv) Household expenses, amount Rs. 5,000/-
per month
(xxvi) Any other expenses amount: (Included in Rs.25,000/-
above) per month
Total
5. Compensation order Under section 22 YES
Direct the respondents to handover the
custody of the child or children to the
Aggrieved person/any person on her
behalf, details of such persons.
6. Compensation order Under section 22
7. Any other order specify:
4. Details of previous litigations (s)
a.) Under India Penal Code, sections No
b.) Under. Cr.P.C. Sections No
c.) Under the Hindu Marriage Act, No
1956, pending in the court.
d.) Under the Hindu Adoption and No
Maintenance Act, 1956.
e.) Application for maintenance under No
Section 125 Cr.P.C.
f.) Maintenance Granted Rs. NIL
g.) Whether respondent was sent to No
Judicial Custody
For less than a week N.A
For less than a month N.A
For more than a month N.A
Specify period N.A
h.) Any other order N.A
DETAILS OF DOMESTIC VOILENCE AGAINST THE
APPLICANT/AGGRIVED PERSON.
Sir,
It is most respectfully submitted as under:-
1. That the complainant/Aggrieved person was married to the
respondent on 10.11.2019 according to Muslim Rite and Custom
Ceremonies at Loni, Ghaziabad.
2. That the parents of the aggrieved person had spent huge amount
approx. Rs.3 lacs (Three Lacs Only) approx. and had given
articles/gift according to his capacity in the marriage and almost
everything of household articles apart from the jewellery
articles, but all the respondents were not satisfied with the said
articles, which was given at the time of marriage of the
aggrieved person.
3. That the marriage was duly consummated between the
complainant/aggrieved person and the Respondent no.
1(Husband) and subequently from the said marriage one male
child Arham age about 11 month was born from the said
marriage.
4. That thereafter the said marriage until one year all things was
going well but after one year from the said marriage thing
started to adverse as the Resondent no. 1 Husband started
intoxication and addict of of charas, ghanza and etc.. Th ereafter
the Respondent no. 1 in the influence of intoxication used to
mercilesly beat used filthy language.
5. That when the complainant was pregnant of nine months then
the Respondent no. 1 Husband in the state of intoxication beaten
mercilesy to the complainant and due to this the child who about
to born died in the the womb of the mother(Complainant).
6. That after the said marriage the complaint uset to think that all
thing would be right a right way and kept on suffeing but all in
vain even though habit of the Respondent no. 1 husband has
been going bad to worst and moreover the substance of druggist
and intoxication was sold and financial support by the
Respondent no. 1 in obeyance of Respondent no. 2 his mother
and in obeyance of his mother the Respondent no. 1 husand used
to mercilessly beat and many time thrown out from the house,
and still no asstiance of any type has been given to the
complainant and ue to this the condition of the complaint has
been going bad to worst day by day.
7. That the Respondent no. 1 always blame and made falsely and
baselessly allegation upon the character of the complainant and
stated that the male child Armahm is no this biological child,
and further on the instance of his mother always quarrel and
beats mercilessly and always demand for money and on every
months took money every month from the parents of the
complainant on such lame excuse or on any pretext and on
failure for fulfillment of illegal demand threat to thrown away
from the house and for divorce.
8. That on 05.05.2024 when the brother sonu of the complainant
was walking here and there then Respondent no. 1 started
quarrel and fight with him and beaten him mercilessly and grab
and took off a silver neck chain from the neck of sonu,
thereafter when the father of the complainant went to his house
to pacify the said incident then he again started to quarrel and
fight with them and he himself made scars on his head with a
blade(sharp weapon) and made falsely allegation upon them that
it is because of both of them as they made attempt with a danda.
9. That after the said incident on 07.05.2024 at about 03:50 pm the
Respodent no. 1 Husband with Respodent no. 2 mother in law of
the complainant reached in the house of mother of complainant
and started to abuse and when efforts were made to pacify the
said incident he further started to beat to the complainant and
when the parents of the complainant again again tried to pacify
the said incident then Respondent no. 1 husband attacked on
them with a sharp edged weapon in consequence of this they
became unconscious and the situation made worst then the
complainant made a call at 100 number but no response
thereafter the complainant took them to the GTB HOSPITAL, at
nand nagari and got MLC themselves as complainant’s mother
nose has broken and it was bleeding.
10. That the police officials has not taken against the offenders
except to wait a for a long time and finally refused and gave
directions to go home in a rudely and filthy language therefore
they has not done his duty for which they were bound.
11. That the police officials took signature of the complaint and her
mother on blank papers and sent back to them their home and
threat them, hence the police officials has not done any of his
duty for which they were bound.
12.
13.
14. That both the Respondents forcefully kicked out left from the
home and finally they thrown out to the complainant on
02.05.2022 from the home and after many request she was not
taken back to the home by the respondents. Moreover the
stridhan are in the custody of the respondents, complainant was
since beginning from the marriage ill treated and abused and
filthy language and all the respondents persistently and in
greedy manner demands to brings money from the house of the
complainant and on refusal they used filthy language and
mercilessly beat.
15.
16. The husband of the complainant works is a skilled labour and
working as a supervisor in a welding factory at Loni and earns
and his earning from handsome earning at about 62,000/- (Sixty
Two Thousand thousand only).
17. That it is also important to mentioned that the respondent not
only one time but many time beats to the complainant and used
abusive language and moreover tortured to breaks the household
articles of the home.
18. That the complainant made several complaint orally but in vain
as no action has been taken by the said police station or any
police officer. Finally the complainant gave a written complaint
on 03.08.2023 to the Women Cell, Delhi commissioner for
woment, vikas bhawan, Delhi.
19. That the complainant/aggrieved person is the legally wedded
wife of the respondent and he is legally and morally bound to
maintain them as per their status.
20. That the complainant and children are requires a sum of
Rs. 30,000/- per month for their maintenance such as
house rental, kitchen expenses, clothing, day to day
household affairs, diet, medicines etc.
21. That the respondents have willfully and intentionally
avoided, discharged neglected and refused to maintain the
complainant and thus the respondent has ruined the life of
the petitioners.
22. That the complainant have got no other alternative remedy
except to seek the intervention of this Hon’ble Court to get
Justice.
23. That the Complainant/aggrieved person is in need of Rs.
30,000/- per month for maintaining herself and for her
survival as well as daily necessities as complainant
/aggrieved person has less source of income to the
complainant/aggrieved person paid by the respondent.
24. That the petitioner was well as respondent residing are
living at above mentioned address in District East, Delhi,
which falls the territorial jurisdiction of this Hon’ble
Court, and this Hon’ble Court has got the jurisdiction to
try and entertain the present petition, hence this petition.
25. That the complainant/aggrieved person being the wife of
the respondent has right to get relief U/S 12,18,19,20 & 22
of PWDV ACT.
PRYAER
It is, therefore, most respectfully prayed that this Hon’ble Court
be pleased to grant the relief(s) claimed therein and pass such order s
or orders 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 and in the interest of justice.
Delhi Complainant/Aggrieved Person
Dated:
Through
VINOD KUMAR
(ADVOCATE)/LAC (EAST)
F-426, LAWYERS CHAMBER
M-9211085566, 9871363394
VERFICATION:-
Verified at Delhi on this day of 2023 that the contents of
paras to of the above application are true and correct to the best
of my knowledge and nothing material has been concealed
therefrom.
Complainant/Aggrieved person
IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTARTE, DISTRICT-EAST, KARKARDOOMA COURT
DELHI
Domestic Violence Case No._____of 2024
IN THE MATTER OF:-
Gulnaaz Complainant/Aggrieved Person
Versus
Shahzada & Ors. Respondents
P.S.:- Geetal Colony
AFFIDAVIT
I, Smt. Arti Masta W/o Sh. Amit Masta, R/o- Ho. No. D-303, Ganesh
Nagar, Pandav Nagar, Complex Near Delhi Convent School
Delhi-110092. Delhi-, do hereby solemnly affirm and declare as
under:-
1. That I am the complainant/petitioner/aggrieved person in the above
cited case and well conversant with the facts thereof and as such I
am competent to swear this affidavit.
2. That I have filed an accompanying petition for protection of women
from Domestic Violence Act, 2005 before this Hon’ble Court. The
contents of the same may kindly be read as part and parcel of this
affidavit, which are not being reproduced herein for the sake of
brevity.
3. That the contents of accompanying petition for protection of
Women from Domestic Violence Act, 2005 have been drafted by
my counsel under my instructions and contents thereof have been
read over and explained to me in vernacular, which I admit to be
correct.
DEPONENT
VERIFICATION:-
Verification at Delhi on this day of , 2023 that the contents of
my aforesaid affidavit are true and correct to my knowledge and
belief and nothing has been concealed therefrom.
DEPONENT
IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTARTE, DISTRICT-EAST, KARKARDOOMA COURT
DELHI
Domestic Violence Case No._____of 2024
IN THE MATTER OF:-
Gulnaaz Complainant/Aggrieved Person
Versus
Shahzada & Ors. Respondents
P.S.:- Geetal Colony
P.S.:-
“DLSA EAST AIDED CASE VIDE [Link].1849/23/KE DATED
APPLICATION UNDER SECTION 23(2) OF THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
ACT, 2005 FOR GRANT OF INTERIM & EX-PARTY ORDERS.
MOST RESPECTFULLY SHOWETH:-
1. That the applicant/aggrieved person has filed accompanying
applicant under section 12 of Domestic Violence Act against the
respondent and his family members, the contents of the same may
be read and taken as part and parcel of present application for the
sake of brevity and so to avoid the prolixity.
2. That the applicant seeks the ad-interim ex-party relief(s) of seeking
the direction of this Hon’ble Court to the respondent for granting of
Rs. 20,000/- (Rupees twenty Thousand per month towards the
maintenance and also direction to the respondent and his family
members not to dispose of their assets as mentioned in the main
petition and also right to stay in share house hold or in the
alternative the respondent and his family members be directed to
pay the rent of the premises in Delhi to be provide by the
respondent and his family members.
3. That the applicant/aggrieved person has no source on income and
totally depends upon her parents for foods, cloths and other day to
day necessary expenses.
4. That the respondent and his family members are not fulfilling any
of their responsibilities moreover they are creating each and every
illegal, unethical act to create disturbance in the life of
applicant/aggrieved person and made life miserable and hell.
5. That the respondent and his family members have been committed
the series of domestic violence and the respondent and his family
members have not paid any amount to applicant/aggrieved person
which is covered under the definition of economic abuse.
6. That the respondent and his family members threaten the aggrieved
person not to enter the share household and further threatened that if
she enters, the consequences would be grave.
7. That the applicant/aggrieved person has not filed any other
application seeking the similar relief under this Act, before any
court of law.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon’ble Court
may kindly be please to pass an interim order thereby directing the
respondent to pay Rs. 20,000/- per month to the applicant/aggrieved
person as the maintenance for herself, till the final disposal of the
accompanying application under section 12 of The protection of
Women from Domestic Violence Act, in the interest of justice.
Delhi Complainant/Aggrieved Person
Dated:-
Through
VINOD KUMAR
(ADVOCATE)/LAC (EAST)
F-426, LAWYERS CHAMBER,
KARKARDOOMA COURT, DELHI
M-9211085566, 9871363394
IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTARTE, DISTRICT-EAST, KARKARDOOMA COURT
DELHI
Domestic Violence Case No._____of 2024
IN THE MATTER OF:-
Gulnaaz Complainant/Aggrieved Person
Versus
Shahzada & Ors. Respondents
P.S.:- Geetal Colony
AFFIDAVIT
I, Smt. Arti Masta W/o Sh. Amit Masta, R/o- Ho. No. D-303, Ganesh
Nagar, Pandav Nagar, Complex Near Delhi Convent School
Delhi-110092. Delhi-, do hereby solemnly affirm and declare as
under:-
1. That I am the complainant/petitioner/aggrieved person in the above
cited case and well conversant with the facts thereof and as such I
am competent to swear this affidavit.
2. That I have filed an accompanying petition for protection of women
from Domestic Violence Act, 2005 before this Hon’ble Court. The
contents of the same may kindly be read as part and parcel of this
affidavit, which are not being reproduced herein for the sake of
brevity.
3. That the contents of accompanying petition for protection of
Women from Domestic Violence Act, 2005 have been drafted by
my counsel under my instructions and contents thereof have been
read over and explained to me in vernacular, which I admit to be
correct.
DEPONENT
VERIFICATION:-
Verification at Delhi on this day of , 2023 that the contents of
my aforesaid affidavit are true and correct to my knowledge and
belief and nothing has been concealed therefrom.
DEPONENT
IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTARTE, DISTRICT-EAST, KARKARDOOMA COURT
DELHI
Domestic Violence Case No._____of 2024
IN THE MATTER OF:-
Gulnaaz Complainant/Aggrieved Person
Versus
Shahzada & Ors. Respondents
P.S.:- Geetal Colony
List of Documents
[Link] Particular Page No.
1.
2.
3.
4.
6.
Delhi Complainant/Aggrieved Person
Dated:-
Through
VINOD KUMAR
(ADVOCATE)/LAC (EAST)
F-426, LAWYERS CHAMBER,
KARKARDOOMA COURT, DELH