Domestic Violence Section 12 Complaint
Domestic Violence Section 12 Complaint
Domestic Violence Section 12 Complaint
0
IN THE COURT OF DISTRICT JUDGE,
______________, ____
1. ________________
D/O _________________
R/O ___________________
VERSUS
1. SHRI ____________
S/O _________________
R/O _______________
1. SHRI _______________
R/o __________________
1. SMT ______________________
R/o ________________________
..ACCUSED/RESPONDENT
P.S. _____________
1. That the present application is being filed by the Complainant herein under Sections 12, 18 (d),
(e) and (f), 19 (f), 20(i) b) and (d), 22 and 23 of the Protection of Women from Domestic Violence
Act, 2005.
2. The numerous incidents of physical abuse, verbal abuse, emotional abuse, economic abuse
a) Marriage was solemnized between the Complainant and the Respondent No. 1 on ___________
at _____________________ according to Hindu Rites and ceremonies. Ever since, i.e. for the last ___
years, the Complainant has been suffering physical and mental abuse, pain, helplessness,
unhappiness and anger on account of the Respondent No. 1 and his family. Eventually, being
unable to bear with the trauma and agony, the Complainant fearing for her life, being destitute
without any money and stridhan has been constrained to file the present complaint.
b) The Complainant had an arranged marriage with the Respondent No. 1. The parties come
from very different backgrounds. The Complainant belongs to a closely knit family with a lot of
family values and culture. On the other hand, the Respondent No. 1 belongs to a business family
c) The Complainant and her parents at the time of marriage were made to believe that the
Respondents were a very well to do family. Believing the Respondent No.1’s family, marriage was
arranged between the parties. A lavish wedding was held at ________________ by the Complainant’s
parents and all the demands of the Respondent No.1’s family as regards jewelry, household items,
and other items for them as well as the relatives of the Respondent No.1 were met by the
Complainant’s parents. However, the mother in law of the Complainant was not happy with the
jewelry, household items, and other items and would constantly taunt and insult her and her
parents for not getting the jewelry, household items, and items as per their standards and name in
the society. The Complainant communicated her inhibitions about the Respondent’s family and in
particular his mother to the Respondent No.1. However the Respondent No.1 never assured the
Complainant that he would try to speak to his mother or reconcile the differences between the
d) Soon after the marriage the Complainant realized that the Respondent No.1 was very
aggressive, angry and wanted to control the Complainant in every respect. The Complainant was
not given any space or freedom to do anything in the house and was specifically told that she can’t
do a job, which the Complainant found very difficult to deal with but owing to the values given to
her by her parents, she always made every effort to deal with the miserable situation and keep
quiet for the peace of mind of her parents. The Complainant having no choice gave herself totally
to the Respondent No.1 and his family and molded herself according to their ways, which was very
e) After the first year of marriage itself, the Respondent No.2, mother-in-law forced the
Complainant to do all the household work without any support from her mother-in-law. It would be
pertinent to point out that Respondent No.1 was doing extremely well and was earning well. He
was running a business but he was always reluctant to provide any financial support to the
f) The Complainant lived in a joint family. The Complainant’s in-laws made the Complainant do
the entire household work. Respondent No. 1 and 2 made her ____________________________. The
Complainant was forced to work even at the time of her pregnancy and the Respondent No.1 never
bothered to care about the health or the state of the Complainant. He spent no time with her. The
nine months were lonely and sorrowful. So much so that when the Complainant delivered her son
_____, her mother in law was not happy as she wanted to get rid of the Complainant. She voiced
this to the Complainant and made the Complainant feel that the child was unwanted and
g) The Complainant on many occasions would cry after getting into bed because no one could
understand the physical and mental pain she was being put through by the Respondent No.1. The
Respondent No.1 never had time to listen and would only fight and argue when the Complainant
tried to plead and talk to him. The Respondent would in his fits of rage physically and mentally
abuse the Complainant on several occasions. The Complainant continued to tolerate this for the
h) The Complainant always made efforts to please the Respondent No. 1 and his family. They all
tolerated the Complainant as long as the Complainant played puppet in their hands, did what they
wanted and lived how they wanted her to live. The Complainant did everything possible to make
her marriage work and in the manner the Respondent No.1 and his family wanted. However, the
Respondent No.1 was not caring towards the Complainant and never appreciated the efforts made
i) The Complainant lived in a joint house for 5 years after her marriage and her life was
miserable due to the aggressive, indifferent, angry behavior of the Respondents and continuous
insults, taunting, very cold and indifferent attitude of her in laws. The Complainant was always
taunted by her in laws on the ground that her parents never gave them enough during the
marriage and on other festivals and functions. The Complainant’s parents tried to keep them happy
in every way at every occasion by gifting Complainant’s in-laws with expensive gifts or cash but
j) On or about ________________ the Complainant was beaten up by her in–laws and at that time
she was pregnant with her first Child, the Complainant was even thrown out of her in-laws House.
The Complainant called up her father who came and took the Complainant to their house. The
Complainant stayed at her parents house for one and a half month and in between the Respondent
No 1 or his family members did not bother to call or reconcile with the Complainant. After a lot of
persuasion by the father of the Complainant the respondent finally agreed to take the Complainant
in to their house.
k) The Complainant states that the Respondent No.1 had a grave drinking problem and as a
result, he drank alcohol very heavily. He had no control over his drinking. The Respondent No.1
would get drunk, get loud and abusive in the dirtiest of abuses, throw up, pass out, get violent, spit
on the Complainant and make life hell for the Complainant. The Respondent No.1 never bothered
about their son and would become abusive physically and become totally uncontrollable in front of
their child. The Complainant’s requests and pleadings to drink within limits were met with angry
and violent physical backlash and opposition from the Respondent No.1. The Respondent No.1
l) The Complainant states that when the Respondent gets into a rage he completely loses his
control, is abusive and violent and becomes like a demon, and till today he continues with this
behavior. After ____________, there was no control over this and it became a regular feature with the
Respondent No.1 to become physically abusive and violent and even abuse the Complainant in
front of the minor son and in public. The Complainant got no help or support from her parents in
law i.e. Respondent No.2 & 3 and on the contrary, they encouraged and sided with the Respondent
No.1 and wanted the Complainant to cooperate with this animal behavior and live with it without
complaining or talking about it to her family. The Respondent No.1’s parents discouraged her from
telling her parents about these incidents by saying that this would further annoy the Respondent
No.1 and disturb the peace of the family. The Respondent No.1’s parents kept on repeating every
other day and the Complainant did not know who to turn to for support and help as her in laws felt
the Respondent’s No. 1’s behavior was normal and took the mental and physical abuse very lightly
and did not bother to speak to the Respondent No.1 to change his behavior towards the
Complainant.
m) The Complainant was constantly living in fear of her life as the Respondent is strong physically
and has a bad temper, was aggressive, loud and completely unpredictable in his reaction to the
situation. The Respondent No.1 would openly threaten the Complainant that he would physically
harm her in such a manner that she would repent her whole life. The Complainant did not want to
trouble her parents. The Complainant could not share her grief with anyone and continued to give
in to the Respondent No.1’s demands in the hope that things would get better and peace would
n) The Respondent No.1 not only picked up fights and quarrels with the Complainant but also
fought with the Complainant’s father brother and family publicly, which brought huge
embarrassment, shame and agony to the Complainants. The Complainant’s plea to the Respondent
No.1, to not fight with the Complainant’s family was of no avail. The Respondent No.1’s
unreasonable and abnormal behavior continued to increase with the passage of time and he
started to threaten her for life by saying would slash her throat while she was sleeping.
o) The relationship between the parties became more estranged. The Respondent No.1
continued with his assault, physical, emotional abuse and they were like strangers living under
the same roof. Things have become so bad that the Complainant had to call her father on several
occasions to control the situation and prevent further physical abuse at the hands of the
p) That Complainant had in the span of ___ years of marriage got ___ abortions done. The
Respondent use to come drunk to the house late at night and would by force without the wish of
the Complainant get physical with the Complainant, resulting into making the Complainant
pregnant and then without even consulting the Complainant by force get the said abortions done.
q) That on or about _____ the Respondent again got physical with the Complainant resulting in
her again getting pregnant and when the Respondent went for another abortion the doctor refused
for the said abortion as the body of the Complainant was not in the state to take up one more
abortion hence on advise of the doctor the Complainant requested the Respondent not to abort the
second Child.
r) That on ________ when the Complainant was three- four month pregnant the respondent No 1
along with his family members fought with the Complainant and even beat him up, the
Complainant in fear called up her father at ______ in the night and the father of the Complainant
came and took the Complainant back with her to his house. The Complainant even filed a case in
the C W Cell against the respondent but had to withdraw the same as she was pregnant and she
s) That on _________ the Complainant left the house of the Respondent and till ___________ no
one from the side of the respondent came to meet the Complainant or even gave a call to ask
about her health as she was pregnant. That during this period the Complainant gave birth to the
second Son _____________. But still the Respondent No1 or his family member did not come to see
the child and it was finally on _____________ that after one more round of talks between the father of
the Complainant and the Respondent No. 1 that the Respondent No. 1 agreed to take the
t) That after _________ when the Complainant came back to the house of the respondent the
Drinking habits of the Respondent No 1 increased, the Respondent No 1 use to come drunk late at
night and use to even drink in the room. The physical torture of the Respondent No 1 increased
u) The Complainant could not tolerate the torture, cruelty and behavior of the Respondents any
more. The Respondents made no efforts to check upon the Complainant or her son throughout this
period who was under such a mental stress and trauma at such a tender age.
v) On the contrary the Respondent No.1 and Respondent No.2 on a daily basis shout and hurl
the Complainant on ___________________ left the house of the Respondents and till date has been
staying with her parents. The Complainant felt too scared and confused and even more helpless
x) The respondent No.1 and his family has taken all the valuable belonging of the Complainant.
The details of which were filled before the CW Cell and the same are Annexed as Annexure ___.
y) That the Complainant submits that the expenses of the Complainant and the sons is as
follows:-
(ii) Household expenses like food, clothing, cleaning etc.: Rs ,000/- per month
(iv) Personal and medical expenses of the Complainant and her sons: Rs ,000/- per
month
The Complainant as such requires Rs ,000/- per month to support herself and her children.
z) The respondent No.1 is earning handsomely. The exact figures are not known to the
Complainant. With the view to avoid paying maintenance and supporting the Complainant and
aa) In ___ years, the Complainant has selflessly given in this relationship emotionally, physically,
mentally, monetarily and demanded nothing but self-respect, support and love which she was
deprived off. The Respondent has provided the Complainant with no financial security. The
Complainant’s entire jewellery was in possession of the Respondent No.1 and his family which the
Respondent No.1 and his family has refused to hand back. The Complainant has no Fixed Deposit
or property in her name. This has further added to the Complainant’s insecurities, depression and
frustrations.
and everything has been taken away from her. The Complainant is mentally and emotionally
shattered today. The Complainant is unable to look after her child as such she has no choice but to
fall on her parents for financial support. The provision for the basics needs like food, clothing,
education is being provided from the money being given by the Complainant’s father and brother.
cc) The Complainant has suffered immense pain and hurt from the Respondents. The Complainant
has not slept one night in peace for as long as she can remember. The Complainant is mentally,
physically and emotionally scarred/drained and she is unable to carry on anymore like this.
dd)It is submitted that the Respondent No.1 is having sufficient means but despite that is
neglecting and refusing to maintain the Complainant and the minor sons. Complainant is unable to
maintain herself or her sons. The addresses of the sisters of the Respondent No 1 are not known to
the Complainant and the Respondent No. 1 may be directed to provide the same so that they can
ee) It is prayed that the Hon’ble Court may take cognizance of the Domestic Incident and pass the
Prohibiting acts of domestic violence by granting an injunction against the Respondents from:
(A) Rs. 0,000/- per month towards maintenance for herself and her children
(a) Direct the Respondent to pay and amount of Rs. ____ lakhs towards compensation for damages
a) In the light of the above mentioned facts and circumstances of the case
and the fact that the Complainant is completely without the basic necessities of food, maintenance
and shelter and has no means to survive and hence an exparte ad interim order for grant of
b) The Complainant all through out her married life has been treated by
the Respondents with utmost cruelty both mental and physical, and has a prime facie case in her
favour. It is further stated that the Respondenst have committed numerous acts of domestic
violence and is entitled to protection under the present act from the respondent by the police
otherwise grave prejudice and harm would be caused to the Complainant and her minor daughter
a) A Complaint filed by Complainant before the C W Cell on which an FIR has been registered.
b) An application filed by Complainant under Section 125 of CrPC for maintenance. Copy of the
vi). The Complainant is residing within the local limit of jurisdiction of this Hon’ble Court and hence,
this Hon’ble Court has the jurisdiction to entertain the present petition.
PRAYER:
(b) Pass all such orders or any of the order as deem fit and proper under section 18, 20, 22 &
(c) Hon’ble Court may please to direct the Respondent to pay and amount of Rs. _________
lakhs towards compensation for damage u/s 22 of the Protection of Women from Domestic
(d) pass an exparte ad interim order under Section 23 as mentioned in Para 4 of the
application.
(e) Pass such other Order (s) as this Hon’ble Court may deem fit and proper in the facts and
COMPLAINANT
Through