Mr.aaa, aged 45 yrs, son of Mr.bbb, resident of ….. FOR THE WELFARE OF his sister named Mrs. ccc, aged 35 yrs, wife of Mr.ddd, daughter of Mr.bbb resident of….
…. Petitioner/ Complainant.
Versus
1. Mr. ddd, aged 40 yrs, son of Mr. eee, resident of ….
2. Mrs. …, aged .. yrs, wife of Mr.eee resident of ….
3. Mr. eee, aged .. yrs, son of Mr. …, resident of ….
4. Mr…., aged … yrs, son of Mr…., resident of ….
5. Miss. …, aged … yrs, daughter of Mr. eee, resident of
6. Mr. …, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
7. Mrs …, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
8. Miss, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
9. Mr. …, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
10. Mrs …, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
11. Miss, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
…. Respondent/ accused persons.
Police Station:……District:…….
Under Sections….. of the Domestic Violence Act.
PETITION UNDER SECTION 12 OF THE DOMESTIC VIOLENCE ACT, 2005 read with Rule 6(1) of the Protection of Women from Domestic Violence Rules, 2006.
Most Respectfully showeth:-
1. The names and addresses of the parties are above stated which are not being repeated for the sake of brevity.
2. The Victim (original complainant) in this Domestic Violence Complaint/ Petition/ Application is the real sister of the above stated complainant. She is residing at the same address of the accused persons. She is the real sister of the Petitioner. She had not spoken to the Petitioner due to fear of her husband or in-laws. However, the Complaint is in her welfare and she is not likely to say in this Hon’ble Court that, she never wanted this complaint. On the other hand, if there is Domestic Violence, only because the Complainant is having a fear to complaint, will not eliminate the Jurisdiction of this Hon’ble Court to not to give relief.
OR
2. Petitioner is the brother of the victim lady, who is residing with him at the above stated address. She had also signed in all pages of this complaint. A separate Power of Attorney is filed to permit the Petitioner to represent his sister before this Hon’ble Court and Police etc. Domestic Incidence Report as prescribed in the Domestic Violence Rules is not yet filed in this Hon’ble Court, thus the Petitioner is not able to file that along with this complaint.
3. The sister of the Complainant had been given on marriage to the First accused on date:…. The marriage was solemnized at the place…. At the expenses of the father of the complainant and the victim lady, namely Mr…. Total …. Number of witnesses were invited and Rs. ….. (Rupees ….) had been spend. Following Dowry articles were given:- ….. OR Dowry articles given is narrated in the Exihibit/ Annexure P-1.
4. The petitioner submits that his sister lived with the first respondent/ husband herein for one year, as a result of which she gave birth to a female child.
5. The petitioner and his father has given all the customary jahez/ Gift articles to the first respondent/ husband, which is still in his custody. Following Gift articles were given:- ….. OR Gift articles given is narrated in the Exihibit/ Annexure P-2.
6. After the birth of the child, the health of the petitioner's sister deteriorated. But the first respondent/ husband was insisting the petitioner's sister to come to his house immediately after cradle ceremony. Therefore, the differences arose between them and the petitioner's sister joined the company of the first respondent/ husband against the medical advice and when she joined the first respondent/ husband, her position was like a maidservant.
7. The first respondent/ husband started demanding of Rs. 2,00,000/-. Thus he had thrown out the victim lady out of the house and she had reached at the parental home for care and protection. After that Petition for maintenance under section 125 of the Criminal Procedure Code, 1973 was filed at the Court of …., the present position of that petition is ….
8. During pendency of the maintenance proceedings, the petitioner's sister gave birth to another female child. Despite informing the said information to the first respondent/ husband, he did not give the cash for medical expenses
9. The Petitioner, with the knowledge he gained from the victim, who is his sister submits that, the respondents 2 to 10 abetted the first respondent/ husband to disown his liability and responsibility towards petitioner's sister.
10. At the time of the first delivery also, the first respondent/ husband did not send any money for medical expenses or to take care of the health and safety of the petitioner's sister, which amounts to physical abuse.
11. Due to reconciliation efforts, during pendency of Maintenance case, the sister of the petitioner and first respondent/ husband resided together, along with their children for a few days, which was also a failure and she was thrown out again, along with the children.
12. After that, when there was a miscarriage of pregnancy to the sister of the petitioner, the first respondent/ husband has not paid to any amount towards medical expenses.
13. When the petitioner's sister is away for marital life from the first respondent/ husband on account of his conduct, insisting for marital life by the first respondent/ husband amounts to harassing the petitioner's sister and harming her health.
14. Therefore, the first respondent/ husband is liable to maintain the Petitioner’s sister.
15. The first respondent/ husband is frequently calling the petitioner's sister on telephone and humiliating and insulting her of not having a male child and he was demanding to bring Rs.3.00 or 4.00 lakhs if she wants to join his company.
16. The first respondent/ husband is also threatening that the first respondent/ husband will dispose of all jahez/ Gift articles and his share of the property denying the right to the children.
17. It is prayed that this Hon’ble Court may be pleased to take cognizance of the Complaint petition and pass all/ any of the orders, as deemed necessary in the circumstances of the case:- (i) Pass Protection orders u/s 18 and/ or; (ii) Pass residence orders u/s 19 and/ or; (iii) Direct the respondent to pay monetary relief u/s 20 and/ or; (iv) Pass orders u/s 21 and/ or; (v) direct the respondent to grant compensation or damages u/s 22 and/ or; (v) pass such interim orders as the Hon’ble Court deem just and proper; and (vi) Pass any orders as deem fit in the circumstances of the case.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon’ble Court be pleased to grant the relief(s) claimed herein and pass such order 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.
Certified that, the above stated complaint is read aloud and explained to me by my brother and his Advocate, which are understood and signed by me. They are true and correct to my personal knowledge and belief and nothing material has been concealed therefrom.
Sign of Complainant/ Aggrieved person.
Place:…. Dated:….
Mr.aaa
Brother of the Complainant/ Aggrieved person/ Petitoner.
Through
Counsel
VERIFICATION: (Please note the additional words written than the Rules prescribed)
Verified at place:…. On this day of …… that the contents of above Petition/ Complaint are true and correct to the best of my PERSONAL knowledge and nothing material has been concealed therefrom.
Mr.aaa
Brother of the Complainant/ Aggrieved person/ Petitoner.
Enclosures:-
List of Witnesses.
List of Documents relied in the complaint, with who is possessing the same.
Exihibit/ Annexures 1 and 2 as stated above.
Note:- In the Rules Form-II, the following is written:- “Counter signature of the Protection Officer with date”. However, vide Rule 6, that is not compulsory and without that also the Complaint can be filed.
AFFIDAVIT:- The same format in the Form-III of the Rules is sufficient, however, the Para 11 and Verification is not admissible in evidence, being that may be hear-say, thus the word “PERSONAL KNOWLEDGE” is to be written everywhere required.
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Specimen of Petition to Quash the Domestic Violence Petition:-
(This same specimen is meant for other Quashing of FIR also).
IN THE HON’BLE HIGH COURT OF THE STATE:…..
Writ Petition (Crl) No….. of year….
Mr.ddd and Others. Vs. The State & Ors.
1. Mr. ddd, aged 40 yrs, son of Mr. eee, resident of ….
2. Mrs. …, aged .. yrs, wife of Mr.eee resident of ….
3. Mr. eee, aged .. yrs, son of Mr. …, resident of ….
4. Mr…., aged … yrs, son of Mr…., resident of ….
5. Miss. …, aged … yrs, daughter of Mr. eee, resident of .
6. Mr. …, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
7. Mrs …, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
8. Miss, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
9. Mr. …, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
10. Mrs …, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
11. Miss, aged .. yrs, son/ daughter/ wife of Mr. …, resident of ….
…. Petitioner/ (Accused party).
VERSUS
1. The State of:…… through the Secretary, Ministry of Home.
2. Mr.aaa, aged 45 yrs, son of Mr.bbb, resident of …..
3. Mrs. ccc, aged 35 yrs, wife of Mr.ddd, daughter of Mr.bbb resident of….
…. Respondents/ (Complainants).
Police Station:…… District:…….
Under Sections….. of the Domestic Violence Act.
CRIMINAL WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND SECTION 482 OF THE Criminal Procedure Code, 1973; TO QUASH THE COMPLAINT PETITON FILED AGAINST THE PETITIONERS BY THE RESPONDENTS UNDER SECTIONS…… OF THE DOMESTIC VIOLENCE ACT, 2005, PENDING AT THE Court OF JUDICIAL MAGISTRATE FIRST CLASS AT THE PLACE:….. IN WHICH THE NEXT DATE OF HEARING IS:…..
ALSO WITH AN INTERLOCUTORY APPLICATION FOR STAY OF THE PROCEEDINGS IN THE ABOVE CRL COMPLAINT.
MOST RESEPCTFULLY SHEWETH:-
1. The names and addresses of the parties are above stated which are not being repeated for the sake of brevity.
2. The second respondent herein is the brother of the aggrieved person and father-in-law of the first petitioner herein. He is a person conducting a small shop for the livelihood. However, he is a very good Actor. Prior to marrying his sister, who is the respondent no-3 in this petition, he had been behaving in a very humble and decent manner. However, after the marriage, he started committing all the dramas to make the lives miserable for the parties. He is in the habit of picking up quarrels with even his neighbours at his residence and shop. Only after the marriage, which was on date:…. it was learnt that, he is a Court bird. Eventhough he is not a hardened criminal, so far he had been accused in 10 Kalandra Proceedings (= security for keeping the peace and for good behaviour proceedings under Sections 107/ 150/ 151 of the Criminal Procedure Code, 1973). Among them 5 are prior to the marriage date and 5 during the pendency of the marriage. All those Kalandras copies are annexed herewith and marked Annexure P-1 to P-10, for the kind perusal of this Hon’ble Court. (Note:- even when the Domestic Violence complaint is filed by the Aggrieved lady herself, if any other family members or relatives or friends are behind her activities, those details can be given in this paragraph. A puppet plaint is not to be entertained is the justification behind this paragraph – Author).
3. The 2nd respondent had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') read with Rule 6(1) of the Protection of Women from Domestic Violence Rules, 2006. The learned Magistrate took cognizance of the case and issued summons to the petitioners. A Certified copy of the said complaint petition along with annexures are annexed herewith and marked Annexure P-11, for the kind perusal of this Hon’ble Court. The Certified copy of the orders passed by the Learned Trial Court are annexed herewith and marked Annexure P-12, for the kind perusal of this Hon’ble Court. Hence those orders are in handwriting, their neatly typed copies are annexed herewith and marked Annexure P-13, for the kind perusal of this Hon’ble Court.
4. The petitioners filed the present petition to quash the proceedings by contending that the first petitioner/ husband filed O.S. No. 112 of 2004 for restitution of the conjugal rights against the sister of the second respondent and the same is pending for trial. The first petitioner/ husband is ready to take back the sister of the second respondent and he is not sending his sister along with the first petitioner/ husband. A Certified copy of the said restitution of the conjugal rights Civil Suit along with annexures, and Orders passed thereon are annexed herewith and marked Annexure P-14 (Colly), for the kind perusal of this Hon’ble Court. This Hon’ble Court may be pleased to note that, the said Suit is concealed in the Impugned Complaint proceedings.
5. The sister of the second respondent filed Maintenance Case No. 2 of 2005 before the Additional Judicial Magistrate of First Class …… seeking maintenance and the court granted interim maintenance of Rs. 1,000/- per month and during the course of examination, she admitted that there is no demand of dowry by the first petitioner/ husband. A Certified copy of the said cross examination is annexed herewith and marked Annexure P-15, for the kind perusal of this Hon’ble Court.
6. The 3rd respondent also filed a private complaint against the petitioners and five others under Section 498-AIPC and the same is numbered as C.C. No. 885 of 2005 before the Additional Judicial Magistrate of First Class, ….., which fact is also concealed in the impugned complaint proceedings. A Certified copy of the said restitution of the crl complaint along with annexures, and Orders passed thereon are annexed herewith and marked Annexure P-16 (Colly), for the kind perusal of this Hon’ble Court. This Hon’ble Court may be pleased to note that, the allegations of demand of dowry and cruelty had been developed to a not identifiable extent, when the 2nd Respondent filed the present Domestic Violence complaint.
7. The learned Magistrate/ Hon’ble Trial Court had taken the present case of file without taking into consideration of pendency of the case between the parties and other circumstances.
8. The 3rd respondent, that is the sister of the second respondent is separately living since May 2004 and from then onawards, the first petitioner/ husband has not seen her in any-where except in the Court. Therefore, there is no cause of action to file the present case.
9. The petitioners 2 to 11 are living separate from 03.09.2004 and after partition they are no way concerned with the happenings between the first petitioner/ husband and the sister of the second respondent.
10. This Hon’ble Court have the Jurisdiction under section 482 of the Criminal Procedure Code, 1973 being continuation of impugned Domestic Violence Complaint proceedings is an Abuse of process of the Hon’ble Trial Court and to secure the ends of justice the said complaint deserves to be quashed.
11. Under Articles 226 and 227 of the Constitution of India, this Hon’ble Court have the jurisdiction to issue necessary writs or orders to quash the said complaint.
12. That injustice which will take place if the impugned Domestic Violence Complaint is permitted to continue, will be grave and not trivial, being it is a puppet complaint, filed by the Court Bird (= the habitual litigant) and the accused party (the petitioner before this Hon’ble Court) are not having any other litigation, and not involved or had not been involved with any other person in Civil or Crl litigation in the past.
13. There is no other provision of law to get the impugned proceedings quashed. To get the proceedings completed and file Appeal/ Revision, it may take years.
14. Even if the allegations in the Domestic Violence Complaint are taken at their face value, and accepted in their entirety, do not constitute the offence alleged.
15. The Judicial discretion exercised by the Hon’ble Trial Court is capricious and arbitrary having been based either on no evidence or on material which are wholly irrelevant, while issuing the impugned summons.
16. This Hon’ble Court have the Territorial and Subject matter jurisdiction to hear and decide this Petition.
17. Adequate Court fees had been paid for the Petition, Annexures and Miscelleneous Applications.
18. NON FILING:- The Petitioners beg to submit that, they had not filed any other petition for the same or similar relief either before this Hon’ble Court or before any other Court, including before Hon’ble Supreme Court of India.
PRAYERS:-
i) For the aforesaid reasons, this Hon’ble Court may be pleased to summon the records of the impugned Domestic Violence Proceedings (Annexures P-11 and 12) in the files of Hon’ble First Class Judicial Magistrate Court at place…. And quash the same in the interests of justice.
ii) Any other and further orders in the interests of justice.
iii) Costs and compensatory costs may kindly be allowed from the Habitual litigant the second respondent.
Place:…. Dated:….
Signatures of Petitioners 1 to 11, with their names.
Through
Counsel
Verified at place:…. On this day of …… that the contents of above Petition/ Complaint are true and correct to the best of my/ our PERSONAL knowledge and nothing material has been concealed therefrom.
Signatures of Petitioners 1 to 11, with their names.
AFFIDAVIT and other documents:- The Writ Petition requires Misc Application for stay as stated, Affidavits for the main WP and Applications. Index, Urgent Application etc etc. They are not included in this sample, being it is only a specimen about quashing of Crl Complaint. Same format is only used for Quashing of FIR.
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Specimen of an Affidavit filed by a Daughter against her Mother, in favour of her father, alleging that, her mother is in the habit of committing Domestic Violence to her father. It was accepted by a Court at UK, and High Court of Delhi. High Court of Delhi had believed this two occasions: Hon’ble Mr. Justice K. Ramamoorthy while granting Interim injunctions and Hon’ble Mr. Justice AK Srivastava while allowing the Suit. Now the Affidavit of the Married Daughter, against her mother is reproduced as follows. The title of the case and names of parties are removed to ensure that, this much detailed description will not create embarrassment to the parties. However, complete Citation is given, to let interested students can read complete case. Judgement reported in 1996 (63) DLT 704 : 1996 LE(Del) 476 : 1996 (3) AD(Del) 862 : 1996 (38) DRJ 636. Affidavit of the Daughter is:-
Para 7. IN the typed set of papers filed by the plaintiff the plaintiff had filed a copy of the affidavit of Aaa daughter of plaintiff and the First defendant in the court of U.K. for the purpose of appreciating the case of the plaintiff for the grant of injunction; Affidavit of the daughter has to be extracted (it means the High Court of Delhi believed the allegations of Daughter against her mother, to give relief to her father). Therefore the same as follows:
"AFFIDAVIT of Aaa daughter of Ppp.
1. That I am the daughter of Shri Ppp and Mrs.qqq. The marriage has had a lot of problems because of my mother's illtreatment and now it has gone to the stage that several matters are pending in the Courts. I am affirming this affidavit being the eldest child and the only daughter to give a complete and true picture regarding the disputes created by my mother.
2. Since I was a child I have seen my father suffering due to my mother's selfish and cruel nature. Even though my father encouraged her and taught her dancing and promoting her professionally, she tried to ruin his professional career and his assignment by deliberate interference and highly unreasonable demands. Even in public she would fight like a illiterate village woman with the sole purpose to humiliate my father who is a thorough professional and highly reputed in the filed of Art.
3. My father on the other hand always adjusted and accommodated for the sake of children including me and my brother. My mother was extremely violent and cruel to me and my father who tried to present good appearance to the public. My brother was born 7 years later i.e. in 1972. He is suffering, but is not understanding the implication of the disputes.
4. I have read the allegations made against my lather which are completely false and incorrect. He has always been and is the bread winner of the family and gave his children and wife the most comfortable ire possible. Even in the West Indies where my father had gone only for a professional assignment as a Cultural officer he provided full time amenities which were in accordance with the status of the highest officials of the country. He always got a lot of presents, took care of us, got us good clothes, spend a lot of time on us. Inspite of being a busy and prominent professional; he was and is a very good father and husband. She always was given the best of clothes and jewellery. The entire valuables given by my father and jewellery are held by with the help of her sister Mrs. Uuu.