Domestic Violence Complaint under Section 12 of the Domestic Violence Act’s format is hereby given below.
IN THE COURT OF CHIEF JUDICIAL MAGISTRATE/ CHIEF METROPOLITAN
COMPLAINT NO.______ OF 2017 U/S 12 0F
DOMESTIC VIOLENCE ACT
IN THE MATTER OF :-
Smt. X W/o Late_____
COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF WOMEN
FROM DOMESTIC VIOLENCE ACT, 2005
It is most respectfully submitted as under:-
1. That the Respondent is the father- in- law of the Complainant who is harassing and torturing the Petitioner by illegal act of violence in order to throw her out of the matrimonial home.
2. That the Petitioner was married to Late ______ on________ as per Hindu rites and ceremonies and thereafter started living in the matrimonial home as a joint family along with the Respondent and that out of the wedlock following two children were born who are in the care and custody of the complainant. The husband of the complainant died on _________ due to Illness.
|S.No.||Name Of Children||Relation||Age||Status|
|1.|| A||Son||X years||Studying in Class ____|
|2.||B||Daughter||Y years||Studying in Class _____|
3. That before his death Mr._____ engaged in the manufacturing and trading of Auto parts and was having factory at rented accommodation at _______and was running as sole proprietor by the name and style of M/s ______and was also running a shop on ground floor.
4. That after the death of the husband of the Complainant on ______the Respondent has misappropriated the machines, tools raw materials etc. lying in the factory of the husband of the complainant and has also trespassed into the shop, belonging to husband of the complainant.
5. That the shop of the husband and Complainant has been taken over by the Respondent who doesn’t allow the complainant to enter the same and to run the same.
6. That the Respondent is economically harassing the complainant as he has taken over the shop and doesn’t pay any amount to the complainant who has no money and has no earnings at all and is dependent upon the shop of her husband for maintenance.
7. That not only this, the Respondent maltreats the complainant in one way or the other and abuses her in filthy language and want her to vacate the second floor of the property so that they may trespass in to the same.
8. That the Respondent threatens the Complainant with the dire consequences on not vacating the second floor of the property.
9. That hence Complainant is left with no other alternative but to file the instant complaint under Section 12 of Protection of Women from Domestic Violence Act as complainant.
10. That the complainant has domestic relationship with the Respondent as Respondent was living with the complainant before the death of her husband.
11. That the deeds and misdeeds of the Respondent are affecting the health and safety of the complainant as well as her two children as after the death of her, the Respondent wants the children to stop going to the school and be sent to an orphanage.
12. That the complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is being filed as such by the aggrieved person.
13. That it is prayed that the Hon’ble court may take cognizance of the complaint and pass all/ any of the orders, as deemed necessary in the circumstances of the case.
14. Orders prayed for are:
- Protection Order under Section 18 directing Respondent to stay away from Complainant and not to interfere in her possession of the ground floor, second floor of the property in any manner whatsoever
- Residence Order under Section 19 directing the Respondent to restrain from dispossessing the Complainant from the second and the third floor of property no. ______ (specifically shown in red in site plan enclosed) and to restraint from interfering in the possession of the Complainant on the ground floor of the property including the shop in property no.
- Monetary Relief under Section 20 directing the Respondent to pay the following expenses as monetary relief a. Food, clothes, medications and other basic necessities- Rs. _______ p.m.
b. School fees and related expenses – Rs _________ p.m.
- Compensation under Section 22 for causing mental agony and physical suffering by the complainant as deemed fit by this Hon’ble Court.
It is, therefore, most respectfully, prayed that this Hon’ble Court be pleased to grant the relief(s) claimed herein 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 Complainant from domestic violence.
Verified at _______ on this day of _____ that the contents of the paras 1 to _______ of the above complaint are true and correct to my knowledge and nothing material has been concealed therefrom.