IN THE METROPLITAN MAGISTRATE, 46th COURT

AT SEWREE
APPLICATION NO. OF 2022

MRS. Anita Jitu Maru, )

NEE. Anita Danji Waghela )
At the Present )
Age: 31 years, Occ: Housewife )
Indian inhabitant residing at )
Room No. 07, Kaboo Chawl, )
Shanti Nagar Beside (B.E.S.T) )
Sane Guruji Marg, Jacob Circle )
Mumbai- 400011
&
Residing at A/24, Ramdev Nagar, )

Arthur Road J.R. Boricha Marg, )

Byculla (W) Mumbai-400011 )

) ..A
pplicant

V/S
1. MR. Jitu Jagjivan Maru )
Age. 32 years, Occ. Service )

2. MRS. Aallu Jagjivan Maru, )

Age. 50 years Occ. Housewife. )
3. MRS. Meena Mukesh Bariya, )
Age. 38 years Housewife )

4. MRS. Jyoti Prakash Solanki. )

Age. 37 years Occ. Housewife )

5. MRS. Manisha Nilesh Rathod, )

Age. 35 years Occ. Housewife )
6. Mr. Kiran Kanji Maru )
Age. 42 years, Occ. Service )
7. Mr. Rajesh Jivraj Maru )
Age. 41 years, Occ. Service )
8. Mr. Vinod Jivraj Maru )
Age. 39 years, Occ. Service )
9. Mr. Vishal Daya Maru )
Age. 329years, Occ. Service )
10. Mr. Hitesh Duda Maru )
Age. 40 years, Occ. Service )
11. Mr. Arvind Duda Maru )
Age. 45 years, Occ. Service )
Residing at A/24, Ramdev Nagar, )
Arthur Road J.R. Boricha Marg, )
Byculla (W) Mumbai-400011
) ..Respon
dents
 AN APPLICATION UNDER SECTION
12 OF
THE PROTECION OF WOMEN FROM
DOMESTIC VIOLENCE ACT, 2005

MAY IT PLEASE YOUR WORSHIP.

1. The applicant states that being aggrieved person

the applicant has preferred this application under

section 12 of the Protection of Women from

Domestic Violence Act, 2005 seeking reliefs under

Section 12, 18, 19, 20, 21, 22, and 23 for herself

and her Daughter Namely Naisha Jitu Maru and

her Son Namely Vansh Jitu Maru.

2. The applicant states that applicant is residing at

the address specified in the clause title and being

a housewife, leaving on the mercy of her parents

due to the conducts, behaviour, harassment, the

violence of the Respondents. The applicant states

that the applicant is forced to reside at above-

mentioned parents address. The applicant states

 that being aggrieved person the applicant has

preferred this application under section 12 of the

Protection of Women from Domestic Violence Act,

2005 seeking reliefs under section 12, 18, 19, 20,

21, 22 and 23 for herself and her Daughter

Namely Naisha Jitu Maru and her Son Namely

Vansh Jitu Maru. Family Photo Hereto annexed

and marked as Exhibit “A”

3. The detail of the Respondents is as under:

Sr. Name Relationship Age

with
No Aggrieved
person
1. MR. Jitu HUSBAND Age.
Jagjivan Maru
33

2. MRS. Allu MOTHER-IN- Age.

Jagjivan Maru.
LAW 50

3. MRS. Meena SISTER-IN- Age.

Mukesh
Bariya. LAW 38

4. MRS. Jyoti SISTER-IN- Age.

Prakash
Solanki. LAW 37

5. MRS. Manisha SISTER-IN- Age.35

Nilesh Rathod.
 LAW

4. The applicant states that the marriage between

applicant and Respondent No. 1 is an Arrange

marriage. The applicant states that before the

marriage engagement ceremony was performed at

applicant parents address as mentioned above in

title clause as per Hindu rituals.

5. The marriage between the applicant and

respondent No.1 was solemnized on 29 th

November, 2011 Near Arthur Road Jail, Ramdev

Nagar Mandir according to Hindu Rites and

ceremonies. The said marriage was not registered.

Hereto annexed and marked as Exhibit “B” is

the marriage Photograph and Exhibit “C” as a

Wedding card. Hereto annexed and marked as

Exhibit “D” Adhaar card of Applicant. The

maiden name of the applicant was NEE. Anita

Danji Waghela.
6. The applicant states that applicant father spends

the huge amount of money for the applicant’s

marriage. The applicant father spends more than

Rs. 5,000,00/- (Rupees Five Lacs Only) for

marriage in the year 2011. In the said marriage

the applicant father has given 4 gold ring of 5gm, 1

gold neckless of 3.5 Tola. 2 finger rings of 3gm. 3

nose ring of 5gm, two Pair of Payal of 15 tola and

20 tola and 1 almari, 1 Washing Machine, 1 fridge,

1 double bed, 1 Ac to the Respondent No1. The

applicant states that the respondent No. 1 as per

rituals has given Mangal sutra about 10 tolas. the

Applicant further states that all the gold and silver

jewellery is in custody of the Respondent no.1 and

the other household things are also in custody of

the Respondent no1.

7. The applicant states that after the marriage, the

applicant and respondent No. 1 started residing in

shared household viz Residing at A/24, Ramdev

Nagar, Arthur Road, J.R. Boricha Marg, Byculla

(W), Mumbai-400011 as Husband and Wife. The

 applicant states that the family member of

respondent No. 1 consists respondent No. 1 i.e.

Husband, respondent No.2 i.e. Mother in laws,

respondent No.3 i.e. Sister in laws, respondent

No.4 i.e. sister in laws and respondent No.5 i.e.

Sister in laws and Applicant.

8. The applicant states that out of said Wedlock

there is one son is namely “Vansh” born on 14th

April 2013 and one daughter is born namely

“Naisha” born on 17th October,2015 and present

the custody of the son and daughter is with

respondent. i.e. Father.

9. The numerous incidents of physical abuse, verbal

abuse, emotional abuse, economical abuse,

committed by the hands of Respondents on the

applicant. The incident of Domestic violence as

under:

10. The applicant states that the said marriage was

arranged marriage. Before my marriage

 Respondent No.1 had a previous marriage, which

took place in his village. However, the marriage

did not last for more than six months. Respondent

No.1's first wife and Respondent No.1 are not

divorced. Respondent No.1 's family had proposed

marriage to me but I was not old enough to get

married at that time, for this reason and since

Respondent No.1 was already married, my parents

opposed this marriage. At that time, Respondent

No.2 had threatened my family that I would marry

my son to your daughter and take your daughter

to my house as my daughter-in-law. Finally, my

parents got worried and put Lakha Bijal Solanki in

the middle and arranged my marriage with

Respondent No.1.

11. The applicant states that, after my marriage we

had the following members in our house. My

husband, my mother-in-law, father-in-law, and I

have three sisters in law. 1) Meena Mukesh Baria,

is married and she is going to live near our house,

 but she also used to stay at our house for a long

time without staying at her house. She has three

children and lives with us. 2) Jyoti Prakash

Solanki, got divorced twice and she used to stay

with us. And 3) Manisha Nilesh Rathod is married

in Surat but she also used to come and stay in our

house continuously for two months, she has a son

and a daughter. The applicant states that first few

months in martial home was good but a few

months later the marriage, mother-in-law and

sister-in-law started harassing and torture her for

petty issues.

12. The applicant states that the all respondent

always abusing me and while doing any work use

flatly languages. Respondent no. 1 always used to

doubt me, even if I went to the market to get

vegetables, he used to doubt me and ask, where

did I go, and with whom did I go. He always

doubted her.
13. The applicant states that after few months of

her marriage she became pregnant, but

respondent no 1 beat her up and all the other

respondents harassed her without any reason and

forced her to do heavy work. Due to which she had

a miscarriage within 6 months. My mother-in-law

always used to taunt me, that your mother has

done all this. Whereas, my in-laws did not allow

me to meet my parents and my family members

and even talk on the phone, yet my family

members never opposed my in-laws.

14. The applicant states that, after that she became

pregnant immediately, and she had a boy, his

name was Vansh Jitu Maru. My sister-in-law Jyoti

Prakash Solanki used to come when the applicant

was in the hospital at the time of delivery. One day

when her mother came to the hospital to take care

of her and to meet her, then Jyoti did not allow her

mother to stay there and also threatened the

applicant not to call your mother to the hospital.

15. The Applicant States that the respondent No1

while going home from the hospital, the

respondent told to Nurses of the hospital that if

her mother comes, call us, do not let her talk with

the applicant, and he also gave his own phone

Number Even in that delicate situation, her in-

laws used to harass her mentally.

16. The applicant states that, the respondent no. 1

is addiction of alcohol every day and night he used

to drink. Hereto annexed and marked as Exhibit

“E” is the Photograph of Respondent No. 1

while drinking Alcohol.

17. The applicant states that, even after coming

home from the hospital, her in-laws did not allow

her to rest, so her mother had brought her to her

maternal home for a few days, yet her husband

would call her every day by drinking and

quarrelling with her. Her in-laws never allowed her

to live in a good maiden. Her husband let her stay

 at her maternal home for only 1 month and then

brought her in-laws' house.

18. The applicant states that the respondent no. 2

always say that the “tujhko iss ghar mein kaam

karne ke liye laya hai samji” and always say that

your family members did not even give us dowry at

the time of marriage and didn’t even give some

household items. When it was not so, my family

members had given cupboard, sofa sets, washing

machine, such items at the time of marriage.

19. The applicant states that even though her

husband earned well, my in-laws did not give me

even Rs. 1/-. Whenever my husband used to talk

nice with me, her mother in law and sister in law

did not like it at all. Her in-laws always used to

create tension between us, never let her go for a

walk together. Mother in law and sister in law

would not even allow to sit with her husband. Her

in-laws used to make her husband thrash her

husband by scolding her. her husband has a habit

of drinking alcohol. It is increasing day by day. At

 the behest of her in-laws, her husband used to

drink and beat her without reason.

20. The Applicant states that, Respondent No.

2,3,4,5 used to harass her mentally, for example,

abusing her when she was asked to do something,

calling her abusively, threatening her while

speaking, doubting me without any reason, and

constantly taunting me that you were brought to

this house only for work. She was constantly told

that your family did not give dowry at the time of

marriage, your family members are beggars, but

that was not the case, her father had given

whatever a middle class father could give in his

daughter's wedding.

21. The Applicant states that, after my son was 1

years old, I got pregnant again, but my husband

informed me to have an abortion. Being troubled

by the torture of my in-laws, sometimes I used to

go to my maternal home, then my parents used to

understand me and ask to take me to my in-laws'

 house. Even on that my sister-in-law used to taunt

me that even your parents do not keep you for

long, you have no option but us. My husband did

not listen to me at all, he only listened to his

mother and sister and used to beat me up.

22. The applicant states that the on 03/10/2018

respondent no 1 Slapping her due to this her left

ear was bleeding very badly. Hereto annexed and

marked as Exhibit “F” Medical Certified dated

03/10/2018 of BMC Hospital.

23. The applicant states that, my parents had made

a gold chain and ring for my son, and a gold ring

for me too. I had given all these ornaments to my

mother-in-law. Similarly, all my jewellery given in

my marriage is also with my mother-in-law. For a

few months after marriage, he used to let me wear

it on festivals, but stopped giving after that.

24. The applicant states that they used to keep me

away from my son, used to tell me that you only

 have to work at home, for this only you have

brought me.

25. The applicant states that when her son was 1-

year-old, she had a girl, her name is Naisha Jitu

Maru. After the birth of my daughter, my mother-

in-law started giving me even more trouble.

26. The Applicant states that After my son was 5

years old, my parents gave him a gold bracelet and

earring for the girl. Even this jewellery is with my

mother-in-law. Still, my in-laws used to tell

everyone that my family members did not give

anything. her brother and parents were abused

and used to say that the people of her maternal

home are beggars, did not give us anything. Not

only this, even after doing all the household

chores, my in-laws used to tell everyone that I do

not work at home. They did not let me talk to the

people around me, used to feed me stale food.

27. The applicant also stated that On October,

2019, the opponent quarrel with applicant and

beaten her very badly and because of that the

 applicant’s jaws was injured and then sent to her

parent’s place. Hereto annexed and marked as

Exhibit “E” is the Photograph of her Face Then her

parents took her to NAIR HSOPITAL and get X-Ray

and necessary treatment done. Later on when the

applicant and her relatives moved to N.M. JOSHI

MARG POLICE station but they bring few Family

friends and promise will not have happened again.

Then applicant resolve and again went to In-laws

place.

28. The applicant also stated the during Lockdown

period, the applicant requests the Respondent

no.1 about her teeth pain but he refuse to bring

hospital and gave her Painkillers, and force her to

get More painkillers. after taking painkiller the

applicant got unconscious but instead of taking

care the respondent No 1 called her brother and

said your sister is not well you come and bring her

to hospital. But later on after his neighbours

support they took her to hospital and only she got

treatment.
29. The applicant state that during lockdown, the

opponent Mr. Jitu Maru was forcing Applicant

about to take 1.5 lacs as he had taken and credit

cards expenses which must be paid immediately

otherwise they will be in trouble. So, every day

they were having quarrel and one-day applicant

talks to her mother about 1.5 lacs and her mother

gave them 1.5 lacs by mortgaging their gold to

ICICI BANK and some amount from their

household reserves.

30. The applicant states that, my sister-in-law Jyoti

Solanki has broken her 2 marriages and when she

got the proposal for the third marriage, she herself

had accepted the proposal, yet she was roaming

everywhere saying that she had to do this

marriage only because of me.

31. The applicant states that, when she came to

know about my husband's affair, then I asked my

mother-in-law about it, then my mother-in-law

abused me and my maternal relatives and

threatened that if you said anything about my son,

 I will throw you out of the house and I will not

even give your children to you.

32. The applicant states that she meets the girl with

whom my husband was having an affair and she

told me that it is your mother-in-law and sister-in-

law who have united me and your husband, and

when I asked this to my mother-in-law and sister-

in-law, they clearly denied.

33. The applicant states that the respondent no. 1

and all the respondent had fight with the applicant

on 30/03/2021 all the respondent abusing to and

told her that “tu maar jaayigai toh humlog

shanti say jiyge “and all respondent fight till next

day because of this mental trauma the applicant

try commit suicide by consuming 19 Tablets which

tablets help to overcome by anxiety and Panic on

01/04/2021. Before the applicant admitted on

BMC hospital namely Nair Hospital but all the

respondent takes the applicant on Private Hospital

Hereto annexed and marked as Exhibit “G”

 Medical Certified dated 03/04/2021 of

WOCKHARDI Hospital.

34. The applicant states that her Husband and

mother in law twisted her hand and her Husband

punches her on back and Applicant has file N.C.

date 09/05/2021 her husband not give her

personal document. Hereto annexed and marked

as Exhibit “H” N.C filed by applicant. Hereto

annexed and marked as Exhibit “I” Medical

Certified of BMC Hospital dated 09/05/2021.

35. The applicant states that After that my mother-

in-law used to quarrel with me and if there was a

quarrel over anything, she used to tell me that you

go from our house, we will see a third girl for Jitu,

and we will get her married to Jitu. Such threats

used to be given by my in-laws.

36. The applicant states that, my father-in-law died

of brain haemorrhage, but my mother-in-law and

my sister-in-law used to accuse me that it was

because of you. Even after having children, we

 were living separately, but due to the growing

Alcohol addiction of husband and the death of

father-in-law, it was necessary for me to come to

my in-laws' house.

37. The Applicant states that My sister-in-law Jyoti

used to stay in our chawl after marriage but she

used to stay in our house more than her. And

Manisha, who is another sister-in-law, used to live

in Surat, she came from Surat and lived in our

own house for four to four months. And they used

to give mental trouble by quarrelling all the time.

Because of this my husband tried to commit

suicide. Our life started well after my husband

came from the hospital. After that my mother-in-

law and my sister-in-law started quarrelling

between us. After that my husband used to come

drunk and invite his friends to the house and

started drinking, and started doubting me because

of those boys.

38. The Applicant states that The applicant says

that in the month of December, her husband and

his friends were sitting till late in the night

drinking alcohol. At that time, she was sleeping in

the room below. Then my husband and his friends

came there and asked me to go to sleep in the

upper room, then I went to the upper room. My

husband and his friends sat there drinking

alcohol, and after that those people went outside

and were standing in the area, at that time the

pocket of my husband's friend who is Nitin Baria

was left in the room below, so he came inside, he

took his pocket And because of drinking alcohol,

he was getting urine heavily, so she asked me to

go outside, so I stood outside. And he used the

bathroom and he came out in 2 minutes. After

that my husband came there and he got

suspicious about us. In that night itself, my

husband quarrelled with me, and broke the glass

bottle with his hand and hit himself on the head

and on the hand. And after that the boy whom he

had suspected, took him to Nair Hospital and

treated him.
39. The applicant stated on every early

morning he took selfies and kept on WhatsApp

status. On very next day our other relatives

came to our place and inquiring about that

WhatsApp status. Then he was blaming that he

saw applicant and his friend in one room and

was defaming the applicant in front of other

relatives and neighbours.

40. The applicant further states that

Respondent no 1 called the applicants mother

and tell them to check out the WhatsApp status.

Later on he asked her mother to come to his

place and was forcing both applicant and her

mother to apologize then only he will take food,

otherwise he will be on fast and die. and the

applicant and her mother will be responsible for

the same. Then the applicant and her mother

Accept his Mentality behaviour and apologize.

This matter had ended here, yet my mother-in-

law used to provoke my husband by reminding

me about this matter again and again.

41. The applicant states that, after that my

husband and I went to Kerala for the holidays. We

also had friends of my husband, about whom my

husband suspected, that friend and his family

were also with us in Kerala. When my husband

had doubts about me and his friend, there was no

need to take him along to Kerala. In Kerala, we

had booked separate rooms with our families, yet

they doubted both of us.

42. The applicant states that, Respondent No.1

started doubting me, and whenever he saw his

friends, he used to start abusing me. Whenever

there was a quarrel in the house, my husband

used to take out my respect by telling me on this

matter, and it started happening again and again,

no matter what happened, it was only on my

affair, because of this I used to get a lot of mental

trouble, after all I too I am human My husband

and my in-laws speak false things about my

character and spoil my character in front of

everyone.
43. The applicant states that, after that, to keep an

eye on me, more cameras from inside and outside

the house were installed in the lower room and in

the upper room of the house. I was telling them

what is the need of a camera in the house and

then there is also the question of 24-hour camera

in the house which means security and comfort of

ladies, and then if it goes viral on social media

then there will be a big problem. When I was

refusing for the camera, my mother-in-law abused

me and my parents and brother, and my husband

beat me up, which became unbearable for me to

bear. In this way I have spent 10 years in a lot of

trouble.

44. The applicant states that, my husband used to

come home at 3 o'clock in the night, then I asked

my mother-in-law why she does not come home

early, then my mother-in-law told me, my husband

also lived 1-1 months with another woman, how

did I spend my life? You spent too. I told my

mother-in-law that my husband is drinking too

 much, then my mother-in-law said that a man

must be addicted, what is wrong in this, we have

so much money that my boy can do all this. And

told me that you will kill my child with such a

restraint. Do not interrupt my son, he will do

whatever he wants to do. If you want to remain

silent then stay, then go away, your children will

remain with us. I used to suffer silently for my

children.

45. The applicant states that, due to my husband's

bad behaviour with me and the daily torture of my

in-laws' people, I tried to commit suicide. I was

unconscious when I was taken to the hospital. Still

my husband made a false N.C. against me, that I

tried to commit suicide for my lover, and my

mother-in-law called my sister-in-law and made a

N.C. against the rest of the friends against

Agripada police station and police station, and got

them locked up in jail.

46. The applicant states that, When I was

discharged from the hospital, I had to go to my in-

 laws' house, yet my husband, my brother-in-law

together sent me to my maternal house and said

that after 4-5 days we will take Anita. And within 2

days he complaint, that I tried to commit suicide

for my love, we can't live with it. In this way he

gave money to the police and called me and told

me to record my statement. After that, if appeared

in the police station, my husband was also present

in front of him, the concerned police officer was

Bharat L. Munde.

47. The applicant states that when I was in the

hospital my children were with my mother and the

day I was about to get discharged my husband

took my children to their house,

48. The applicant states that, she had given a

statement at Delayal Road Police Station that I

had tried to commit suicide after being disturbed

by the torture of my husband and in-laws, but the

concerned police in-charge did not let me read my

statement and took my sign on it. Concerned

Officer in charge Bharat L. Munde told me to write

 a false statement that, you have confessed that

your affair is with the related boy, and he also took

it by writing to me, that my love affair is with that

boy for 2-3 years, and I call him, I messaged, and

threatened that boy too. When I demanded my

children in the police station, the police and my

husband refused to give them to me. That officer-

in-charge along with my husband also threatened

me to give divorce to my husband. Also in front of

in charge officer Mr. Munde the Opponent threat

to the Applicant that if want to separate then Take

30lacs and spare me, otherwise you won’t get

anything.

49. The Applicant also states that when I was

staying at my parent’s place, I called my husband

to give my personal belongings then he said he will

give only in the presence of our samaj people. And

he called up our 5-6 samaj people and then only

he gave only 3 pairs of my cloths but refused me to

give my documents and other belongings.

50. Later one day, the applicant called up her

husband for his id proof he again refused and was

abusing on call. then applicant went to get help

from one stop centre. They assure about her safety

and suggest to go and get her identity cards. But

when applicant went to her in-law’s place, the

opponent and sister in laws Manisha Rathod

beaten up the applicant and abuse the applicant.

But again incharge officer refused to interfere and

suggest to get duplicate copies of documents from

concern authorities. Also she was injured but the

in charge officer didn’t entertain and by mimicking

he said that go and get painkiller and take rest

don’t for medical treatment but then to applicants

went to B.Y.L. Nair hospital and get x-ray done

and get necessary treatment.

51. The applicant states that, my mother-in-law,

husband and sister-in-law stopped the children to

come to me by filling wrong and wrong things

about me in the minds of my children. Defamed

me by spreading lies about me in the entire

 campus. When I call my husband, my husband

does not even pick up my phone. Somebody asked

my children that where is your mother, then they

say that our mother is dead, and asked them who

told you this, then they tell that grandmother and

aunt said. And said that we will bring another

mother for you. And has kept them intimidated

that they should not go to their mother.

52. The applicant states that, I had caught my

husband many times in the room with the girls. So

far, how many of his messages and chats have I

caught. Yet he never believed that he was doing

anything wrong. He only had a plan to defame me,

so that after that he could marry another girl.

Even now, how many girls he meets, hangs out

with them, and shows the greed of money to the

girls.

53. The applicant states that, My husband comes

online every night and chats with girls, and I stay

at my mother's house, and my husband hangs out

with other girls. My in-laws i.e. Jeetu, sister in

 law, mother in law and brother in law namely, 1)

Rajesh Jivraj maru, 2) kiran kanji maru 3) mani

devji maru, all say anything to me. And threatens

me to divorce Jeetu(husband) so that his family

can do his second marriage. Not only this, my in-

laws teach anything by keeping my children with

them, as there is no use of education, what is the

use of learning. Study only if it comes in your

mind, otherwise don't take mental stress.

Girlfriends and boyfriends teach whom to speak,

and if I go to understand them what is right and

wrong, then they tell my kids about me that your

mother is dirty, don’t listen to her, we will bring a

new mother for you.

54. The applicant states that, not only this, my in-

laws used to fight with me and keep my kids with

them, and tell me that you can leave the house,

now you don't need any of us. Keeping my children

with them, my in-laws used to describe me in

filthy language in front of them. My family

members were called as lawaris, Halkat, Beggar,

 Dhandevali. If my mother had any function for

pleasure and pain, then my in-laws would not

send me to my maternal home and even then, they

used to send it only for 2-3 hours.

55. The applicant states that, if something happens

in the house all the members of maru family come

together (big mother in law, jeetu’s brothers, and

jeetu’s sisters) and accuse me and leave me alone.

My husband has installed recording system in my

phone. Vijay Gilatar works in the same ward with

Jeetu, and after work, they go out for drinking

together. Vijay Gilatar gives full co-operation to my

husband in bad deeds, and he introduces my

husband to the women in the market.

56. The applicant states that, her husband used to

work in B.M.C. He used to attend BMC at 2.00

pm, he would come home at 5.00 pm and after

attending BMC at 9 pm, he would come home at

10.00 pm, have dinner and leave, sometimes

coming home at 2.00 am, sometimes 3.00 am and

sometimes he did not come home till morning, and

 if I asked him anything about his wife's rights, he

would never answer me as a husband.

57. The applicant states that being left with no

other alternative the applicant has filed the above

application under the protection of Women under

domestic violence act 2005. The applicant submits

that considering the attitude of respondent the

applicant has no other alternative to approach this

Hon’ble Court.

58. The applicant states that due to mental,

physical and economical violence by the hands of

the respondents, applicant suffered depression,

mental trauma, pain and appreciation of the

applicant that there is fear of injury as there is a

risk of repetition of physical violence. The

applicant states that their extreme urgency in this

matter.

59. The applicant states that applicant stay within

the Jurisdiction of Agripda Police station, therefore

 this Hon’ble court has Jurisdiction to entertain

and trail the present application.

60. Being lady she is exempted from paying court

fees

61. The applicant relies on the documents attached

herewith.

62. The applicant craves leave to add, alter or

amend her contentions or call/or produce any

documents as and when required or called for and

to rely upon the same.

63. In the facts and circumstance aforesaid, the

applicant prays before this Hon’ble court seek

following reliefs in the interest of justice as follows:

PRAYERS

(A) PROHIBTED THE RESPONDENT FROM.

 i) Committing any act of domestic
violence:
ii) Attempting to communicate in any
from, whatsoever, with the applicant
including personal, oral or written or
electronic or telephonic contact.
iii) That the respondent be directed to
return the belongings of the applicant
including clothes, valuable, articles, all
the Jewellery of applicant and her
daughter and not to dispose of the
same.

(B) PASS A RESDENCE ORDER

(i) Restraining the respondents from

alienating or disposing of the shared
household or encumbering the same.

(ii) Directing the Respondents to secure the

same level of alternative accommodation
of aggrieved person as enjoyed by the
applicant in the shared household or to
pay rent for the same at Mumbai.
 (iii) Directing the respondent to execute the
bond with or with surety for the
commission of domestic violence.

(iv) The respondents may be directed the

officer in charge of the police station to
assist in the implementation of
protection order.

(v) Directing the Respondent no. 1 to

return/ handover to the applicants
Jewellery, her cloths and articles etc. as
mentioned in applicant for using the
same.
(C) MONETARY RELIEF.

i) The Hon’ble court pleased to direct the

Respondents to pay Rs. 30,000/- to
applicant and Rs. 20,000/- to son and
daughter as a monthly maintenance.

(D) CUSTODAY ORDER

i) The custody of son and daughter shall

permanently remain with applicant i.e.
Mother.
 (E) PLEASE TO DIRECT THE RESPONDENT

i) The Hon’ble court may please to direct

the Respondent to pay the amount of
Rs. 30 Lacs towards compensation for
damage u/s 22 of the protection of women
from domestic violence act, 2005
(F) Pass an ex-parte, interim, ad-interim order
under section 23 in terms of prayer clause (a),
(b), (c).

(G)Pass such other order as this Hon’ble Court may

deem fit and proper in the facts and
circumstances of the case.

Advocate for Applicant Applicant

VERIFICATION

I, MRS. ANITA JITU MARU NEE ANITA DANJI WAGHELA,

Age. 31 years, Occ. Housewife Indian inhabitant residing
at Room No. 07, Kaboo Chawl, Shanti Nagar Beside
(B.E.S.T), Sane Guruji Marg, J.R. Boricha Marg, Mumbai-
400011. The applicant above named do hereby state that
whatever stated hereinabove is true and correct to best of
my knowledge and brief.

Solemnly affirmed at Mumbai )

On this day of February 2022 )

 Identify by Before me

Advocate for Applicant

IN THE METROPLITAN MAGISTRATE, 46TH COURT

AT SEWREE
APPLICATION NO. OF 2022

MRS. ANITA JITU MARU, Applicant

V/S
MR. JITU JAGJIVAN MARU & ors.
Respondent

LIST OF DOCUMENTS
SR. PARTICULARS PAGE
NO NO
1. Exhibit “A” is the copy of
Family Photograph.

2. Exhibit “B” Colly. is the

Marriage Photograph.

3. Exhibit “C” is the copy Marriage

Wedding Card

4 Exhibit “D” is the copy Adhaar

card of the Applicant

5 Exhibit “E” is the Photograph of

Respondent No 1.
 Exhibit “F” Colly. is the Medical
Certified dated 03/10/2018 of
BMC Hopsital of applicant

6 Exhibit “G” Colly. is the Medical

Certified dated 03/04/2021 of
BMC Hopsital of applicant

7 Exhibit “H” is the copy of

complaint by the applicant
dated 09.05.2021.

8 Exhibit “I” is the Medical

Certified dated 09/5/2021 of
BMC Hopsital of applicant

On this day of February, 2022.

Advocate for Applicant

Applicant
IN THE METROPLITAN MAGISTRATE, COURT
AT SEWREE
APPLICATION NO. OF 2022

MRS. ANITA JITU MARU, )

NEE. ANITA DANJI WAGHELA )
Age: 31 years, Occ: Housewife )
Indian inhabitant residing at
Room No. 07, Kaboo Chawl,
Shanti Nagar Beside (B.E.S.T) )
Sane Guruji Marg, Jacob Circle )
Mumbai- 400011 .Applicant
V/S
1. MR. Jitu Jagjivan Maru )
Age. 32 years, Occ. Service )

2. MRS. Aabhu Jagjivan Maru, )

Age. years Occ. Housewife. )

3. MRS. Meena Mukesh Bariya, )

Age. years Housewife )

4. MRS. Jyoti Prakash Solanki. )

Age. years Occ. Housewife )

5. MRS. Manisha Nilesh Rathod, )

Age. years Occ. Housewife )
Residing at A/24, Ramdev Nagar, )
 Arthur Road J.R. Boricha Marg, )
Byculla (W) Mumbai-400011 ……Respondents

INTERIM APPLICTION UNDER SECTION 23(2) OF

THE PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT, 2005

I, MRS. ANITA JITU MARU, Age 31 Years, Occ.

Housewife, do hereby state on solemn

affirmation as under:

1. I say that I have filed application under section

12(1), 18, 19, 20, 21, 22, 23, of the protection of

women from the Domestic Violence Act, 2005, I

crave leave to refer and rely upon the said

application as and when required to this

Hon’ble Court. I say that the contents of the

main application and interim application may

be read as part of this affidavit and are not

repeated herein for the sake of brevity.

2. The numerous incidents of physical abuse,

verbal abuse, emotional abuse, economical

abuse, committed by the Respondent on the

Applicant.

3. I say that the for deciding the main application

it will consume time therefore, it is necessary to

pass interim and as-interim order in favour of

the applicant.

4. I say that various type of abuse caused to the

applicant by the hands of respondents and due

to conduct and behaviour of the respondents

there is appreciation of mind there would be

repetition of acts of Domestic violence by the

hands of Respondents and applicant would face

great financial hardship therefore it is necessary

to pass a protection order, residence order,

monetary reliefs to the applicant.

5. I say that the reliefs claimed in the

accompanying applications are urgent in as

much as the applicant would face financial

hardship and would be forced to live under

threat of repetition/escalation of acts of

Domestics violence complained of in the

accompanying application by the respondent if

the said reliefs are not granted on an ex-parte

ad-interim basis.

It is most respectfully prayed that this Hon’ble

court may be pleased to:

PRAYERS

(H) PROHIBTED THE RESPONDENT FROM.

iv) Committing any act of domestic

violence:
 v) Attempting to communicate in any

from, whatsoever, with the applicant

including personal, oral or written or

electronic or telephonic contact.

vi) That the respondent be directed to

return the belongings of the applicant

including clothes, valuable, articles, all

the Jewellery of applicant and her

daughter and not to dispose of the

same.

(I) PASS A RESDENCE ORDER

(vi) Restraining the respondents from

alienating or disposing of the shared

household or encumbering the same.

(vii) Directing the Respondents to secure the

same level of alternative accommodation

of aggrieved person as enjoyed by the

 applicant in the shared household or to

pay rent for the same at Mumbai.

(viii) Directing the respondent to execute the

bond with or with surety for the

commission of domestic violence.

(ix) The respondents may be directed the

officer in charge of the police station to

assist in the implementation of

protection order.

(x) Directing the Respondent no. 1 to

return/ handover to the applicants

Jewellery, her cloths and articles etc. as

mentioned in applicant for using the

same.
(J) MONETARY RELIEF.

ii) The Hon’ble court pleased to direct the

Respondents to pay Rs. 30,000/- to

applicant and Rs. 20,000/- to daughter

as a monthly maintenance.

(K) CUSTODAY ORDER

ii) The custody of daughter shall

permanently remain with applicant i.e.

Mother.

(L) PLEASE TO DIRECT THE RESPONDENT

ii) The Hon’ble court may please to direct

the Respondent to pay the amount of

Rs. 30 Lacs towards compensation for

damage u/s 22 of the protection of

women from domestic violence act,

2005
 (M) Pass an ex-parte, interim, ad-interim order

under section 23 in terms of prayer clause

(a), (b), (c).

(N) Pass such other order as this Hon’ble Court may

deem fit and proper in the facts and
circumstances of the case.

Advocate for Applicant Applicant

VERIFICATION

I, MRS. ANITA JITU MARU, Age. 31 years, Occ.

Housewife Indian inhabitant residing at Room no.
7, Kaboo Chawl, Shanti Nagar beside (BEST), Sane
Guruji Marg, Mumbai- 400011. The applicant above
named do hereby state that whatever stated
hereinabove is true and correct to best of my
knowledge and beliefs.

Solemnly affirmed at Mumbai )

On this day of February 2022 )

Advocate for Applicant Before
me.

IN THE METROPLITAN MAGISTRATE, 46TH

COURT AT SEWREE

APPLICATION NO. OF 2022

MRS. ANITA JITU MARU,

...Applicant

V/S

MR. JITU JAGJIVAN MARU & ors. …

Respondent

AFFIDAVIT IN SUPPORT OF

APPLICATION UNDER SECTION 12 OF

D.V. ACT, 2005.

MRS. ANITA JITU MARU, Age. 31 Years, Occ:

Housewife Indian inhabitant residing at Room

no. 7, Kaboo Chawl, Shanti Nagar beside

(BEST), Sane Guruji Marg, Mumbai- 400011.

 The applicant above named do hereby state on

solemn affirmation as under:

1. That I am the applicant in the accompanying

application for protection, residence,

maintenance, custody and compensation filed

for myself.

2. That being conversant with the facts and

circumstances of the case I am competent to

swear this affidavit. That the dependent had

been living with her parents at address

mentioned in title.

3. That the details provided in the present

application for the grant of relief under section

(s), 12, 18, 19, 20, 21, 22, and 23 have been

entered into by me/at my instruction.

4. That the contents of the application have

been read over explained to me in Gujarati and I

understood the same.

5. That the contents of the application may be

read as part of this affidavit and are not

repeated herein for the sake of brevity.

6. That the applicant apprehends repetition of

the acts of domestic violence by the non-

applicant against which relief is sought in the

accompanying application. I say that to decide

the main application it may take time and

therefore it is required to pass interim and ad-

interim relief in the favour of the applicant.

7. That the relief’s claimed in the accompanying

application are urgent in as much as the

applicant would face to live under threat of

repetition/escalation of acts of domestic

violence complained of in the accompanying

 application by the non-application if the said

reliefs are not granted on ex-parte ad-interim

basis.

8. That the facts mentioned herein are true and

correct to the best of my knowledge and belief and
nothing material has been concealed their form.

Advocate for the applicant Applicant

VERIFICATION

I, MRS. ANITA JITU MARU, Age. 31 years, Occ.

Housewife Indian inhabitant residing at Room no.
7, Kaboo Chawl, Shanti Nagar beside (BEST), Sane
Guruji Marg, Mumbai- 400011. The applicant above
named do hereby state that whatever stated
hereinabove is true and correct to best of my
knowledge and belief.

Solemnly affirmed at Mumbai )

On this day of February 2022 ) Before

me
 Identified by me

Advocate for Applicant

Applicant

IN THE METROPLITAN MAGISTRATE, 46TH

COURT
AT SEWREE
APPLICATION NO. OF 2022

MRS. Anita Jitu Maru, ...Applicant

V/S
MR. Jitu Jagjivan Maru & ors. …Respondent

MEMO OF ADDRESS
MRS. ANITA JITU MARU
NEE ANITA DANJI WAGHELA
Indian inhabitant residing at
Room no. 7, Kaboo Chawl,
Shanti Nagar beside (BEST),
Sane Guruji Marg,
Mumbai- 400011
 Advocate Satish Balihari Yadav
22, 2nd Floor Rajabahdur Menision
Bombay Samachar Marg
Opp. SBI Main Branch
Fort, Mumbai- 400001

IN THE METROPLITAN MAGISTRATE, COURT

AT SEWREE
APPLICATION NO. OF 2022

MRS. ANITA JITU MARU, )

NEE. ANITA DANJI WAGHELA )
Age: 31 years, Occ: Housewife )
Indian inhabitant residing at )
Room no. 7, Kaboo Chawl, )
Shanti Nagar beside (BEST), )
Sane Guruji Marg, )
Mumbai- 400011. …….Applicant

V/S
1. MR. Jitu Jagjivan Maru )
Age. 32 years, Occ. Service )
 2. MRS. Aabhu Jagjivan Maru, )
Age. years Occ. Housewife. )

3. MRS. Meena Mukesh Bariya, )

Age. years Housewife )

4. MRS. Jyoti Prakash Solanki. )

Age. years Occ. Housewife )

5. MRS. Manisha Nilesh Rathod, )

Age. years Occ. Housewife )
Residing at A/24, Ramdev Nagar, )
Arthur Road J.R. Boricha Marg, )
Byculla (W) Mumbai-400011. ) …
Respondents

VAKALATNAMA

I, MRS. ANITA JITU MARU, applicant

hereinabove do hereby appoint Satish Balihari Yadav

and Poonam Shankar Devkar Advocate of High

Court, Bombay, to act, appear and plead on my

behalf in the above petition.

In witness whereof, I have set and subscribed

my hands to this writing at Mumbai.

Accepted

Applicant

Mr. Satish B. Yadav

C/o. Mirtunjay B. Barai
22, 2nd Floor, 11G-3, Raja Bahadur Mansion
Bombay Samachar Marg Opp. SBI Bank
Fort, Mumbai-400023.
Mob. 9222683271
MAH/6506/2017

IN THE METROPLITAN
MAGISTRATE, 46TH COURT
AT SEWREE
APPLICATION NO. OF 2022

MRS. ANITA JITU MARU,

..Applicant
V/S
MR. JITU JAGJIVAN MARU & ors.
…Respondent

________________________________________
APPLICATION UNDER
SECTION 12 OF PROTECTION
OF WOMEN FROM DOMESTIC
VIOLENCE ACT, 2005
________________________________________
Dated- day of February 2022
 Mr. Satish B. Yadav
C/o. Mirtunjay B. Barai
22, 2nd Floor, 11G-3, Raja
Bahadur Mansion
Bombay Samachar Marg Opp. SBI Bank
Fort, Mumbai-400023.
M- 9222683271

IN THE METROPLITAN MAGISTRATE, 46th COURT

AT SEWREE
APPLICATION NO. OF 2022
MRS. Anita Jitu Maru, ...Applicant
V/S
MR. Jitu Jagjivan Maru & ors. …Respondent

INDEX
SR. NO. PARTICULARS PAGES

1. ROZANAM
2. APPLICATION UNDER
SECTION 12 OF THE D.V.
ACT ALONG WITH AFFIDAVIT
IN SUPPORT

3.
4. LIST OF DOCUMENTS
5. Exhibit “A” is the copy of
Family Photograph.

6. Exhibit “B” Colly. is the

Marriage Photograph.

7. Exhibit “C” is the copy

Marriage Wedding Card

8. Exhibit “D” is the copy

Adhaar card of the Applicant

9. Exhibit “E” is the Photograph

of Respondent No 1.

10. Exhibit “F” Colly. is the

Medical Certified dated
03/10/2018 of BMC Hopsital
of applicant

11. Exhibit “G” Colly. is the

Medical Certified dated
03/04/2021 of BMC Hopsital
of applicant

12 Exhibit “H” is the copy of

complaint by the applicant
dated 09.05.2021.

13 Exhibit “I” is the Medical

Certified dated 09/5/2021 of
BMC Hopsital of applicant

14 INTERIM APPLICATION
UNDER SECTION 23(2) OF
THE PROTECTION OF
WOMEN FROM DOMESTIC
VIOLENCE ACT-2005

15 AFFIDAVIT IN SUPPORT

16 MEMO OF ADDRESS
 17 VAKALATNAMA

18 DOCKET

Advocate for Applicant Applicant

IN THE METROPLITAN MAGISTRATE, 46TH

COURT
AT SEWREE
APPLICATION NO. OF 2022

MRS. Anita Jitu Maru, ...Applicant

V/S
MR. Jitu Jagjivan Maru & ors. …Respondent

ROZANAMA
 IN THE METROPLITAN MAGISTRATE, 46TH

COURT AT SEWREE

APPLICATION NO. OF 2022

MRS. ANITA JITU MARU,

...Applicant

V/S

MR. JITU JAGJIVAN MARU & ors. …

Respondent

AFFIDAVIT IN SUPPORT OF

APPLICATION UNDER SECTION 12 OF

D.V. ACT, 2005.

MRS. ANITA JITU MARU, Age. 31 Years, Occ:

Housewife Indian inhabitant residing at Room

no. 7, Kaboo Chawl, Shanti Nagar beside

(BEST), Sane Guruji Marg, Mumbai- 400011.

The applicant above named do hereby state on

solemn affirmation as under:

1. That I am the applicant in the accompanying

application for protection, residence,

 maintenance, custody and compensation filed

for myself.

2. That being conversant with the facts and

circumstances of the case I am competent to

swear this affidavit. That the dependent had

been living with her parents at address

mentioned in title.

3. That the details provided in the present

application for the grant of relief under section

(s), 12, 18, 19, 20, 21, 22, and 23 have been

entered into by me/at my instruction.

4. That the contents of the application have

been read over explained to me in Gujarati and

Hindi I understood the same.

5. That the contents of the application may be

read as part of this affidavit and are not

repeated herein for the sake of brevity.

6. That the applicant apprehends repetition of

the acts of domestic violence by the non-

applicant against which relief is sought in the

accompanying application. I say that to decide

the main application it may take time and

therefore it is required to pass interim and ad-

interim relief in the favour of the applicant.

7. That the relief’s claimed in the accompanying

application are urgent in as much as the

applicant would face to live under threat of

repetition/escalation of acts of domestic

violence complained of in the accompanying

application by the non-application if the said

reliefs are not granted on ex-parte ad-interim

basis.

8. That the facts mentioned herein are true and

correct to the best of my knowledge and belief and
nothing material has been concealed their form.

Advocate for the applicant Applicant

 VERIFICATION

I, MRS. ANITA JITU MARU, Age. 31 years, Occ.

Housewife Indian inhabitant residing at Room no.
7, Kaboo Chawl, Shanti Nagar beside (BEST), Sane
Guruji Marg, Mumbai- 400011. The applicant above
named do hereby state that whatever stated
hereinabove is true and correct to best of my
knowledge and belief.

Solemnly affirmed at Mumbai )

On this day of February 2022 ) Before

me

Identified by me

Advocate for Applicant

Applicant