Hindu Marriage Act Divorce Maintenance Restitution Of Conjugal Rights Application Under The Protection Of Women From Domestic Violence Act 2005

IN THE COURT OF JUDICIAL MAGISTRATE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF: 

MRS. W_________                                                            APPLICANT

VERSUS

MR. H __________                                                           RESPONDENT



APPLICATION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

MOST RESPECTFULLY SHOWETH:

The Applicant submits as under:

1. That the Petitioner No. 1 is legally wedded wife of the Respondent.

2. That the Application under Section _________ of Protection of Women from Domestic Violence Act, 2005 is being filed along with copy of Domestic Violence Report by the –

(a) Aggrieve Person       ____

(b) Protection Officer    _____

(c) Any other person on behalf of aggrieved person ___

(tick whichever is applicable)

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 orders under section 18 and / or

(b) Pass residency order under section 19 and / or

(c) Direct the respondent to pay monetary relief under section 20 and / or

(d) Pass orders under section 21 of the Act and/ or

(e) Pass such interim orders as the court deems just and proper and / or

(g) Pass orders as deems fit in the circumstances of the case.

3. Orders Required

(i) Protection Orders Under Section 18: 

Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts mentioned in terms of column 4(a)/(b) /(c)/ (d)/ (e)/ (f)/ (g) of the Application.

Prohibiting Respondent9s) from entering the school/ college/ workplace

Prohibiting from stopping the applicant from going to my place of employment

Prohibiting Respondent (s) from entering the school / college / any other place of Children of the Applicant.

Prohibiting from stopping the applicant from going to my school

Prohibiting any form of communication by the Respondent with the Applicant

Prohibiting alienation of Assets by the Respondent

Prohibiting operation of joint bank lockers/ accounts by the Respondent and allowing the aggrieved person to operate the same.

Directing the Respondent to stay away from the dependants/ relative/ any other person of the aggrieved person to prohibit violence against them

Any other Conditions, Please specify ________________

(ii) Residence Order Under Section 19

An order restraining Respondent (s) from

Dispossessing or throwing out the applicant from the shared household

Entering that portion of the shared household in which the applicant resides

Alienating/disposing/encumbering the shared household

Renouncing his rights in the shared household

An order entitling the Applicant continued access to personal effects of the Applicant.

An order directing Respondent (s) to

Remove himself from the shared household

Secure same level of alternate accommodation or pay rent for the same

Any other orders, Please Specify _________________

(iii) Monetary Relief under section 20

Loss of earnings, amount claimed

Medical expenses, amount claimed

Loss due to destruction / damage or removal of property from the control of the Aggrieved person, amount claimed ______

Any other Loss or physical or mental injury as specified in clause 10 (d), amount claimed ______

Total Amount Claimed _______

Any other amount, Please Specify _____________

(iv) Monitory Relief under Section 20

Directing the Respondent to pay the following expenses as monetary relief

Food, Clothes, Medications and other basic amenities ___Amount ___ per Month

School fees and related expenses _____ Amount ____ per month

Household Expenses _____ Amount _____ per Month

Any other Expenses ____ Amount _____ per month

Any other orders, please specify _____________________________

(v) Custody order under Section 21

Direct the Respondent to hand over the custody of the child or children to the:

Aggrieved person- Applicant

Any other person on her behalf, details of such person ________

(vi) Compensation order under Section 22

(vii) Any other order, Please specify ___________________

4. Details of Previous litigation, if any

(a) Under Indian Penal Code, Sections _____ Pending in the Court of _______

      Disposed off, Details of Relief ___________

(b)  Under Code of Criminal Procedure, Sections ______ Pending in the Court of ___

      Disposed off, Details of Relief ___________

(c)  Under Hindu marriage Act, 1955, Sections ____ Pending in the Court of _____

      Disposed off, Details of Relief ___________

(d) Under the Hindu Hindu Adoptions and Maintenance Act, 1956, Sections ___ Pending in the Court of ____

      Disposed off, Details of Relief ___________

(e) Application for Maintenance, under section ____ Under _____Act

      Interim Maintenance Rs. ________ P.M.

      Maintenance Granted Rs. ________ P.M.

(f) Whether Respondent was sent to Judicial Custody

     - For Less than a Week

     - For Less than a month

     - For More than one month

     Specify Period ___________________________________

(g) Any other Order __________________________________

 

P R A Y E R

It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the relief (s) claimed therein and pass such order or orders other order as this Hon'ble Court may deem fit and proper under the give facts and circumstances of the case for protecting the aggrieved person, the Applicant from Domestic Violence and in the interest of Justice.

Place:

Date: 

COMPLAINANT / AGGRIEVED PERSON THROUGH COUNSEL VERIFICATION

Verified at ____________ (Place) on this day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing in Material has been concealed therefrom.

DEPONENT