[1]

District: 24 Parganas (North)

IN THE COURT OF THE LEARNED CHIEF JUDICIAL

MAGISTRATE, AT BARASAT

Case No. C-………………../2020

In the matter of:

An application under Section 12 read

with Section 18, 21, 22, 23, 26 of the

Protection of Women from Domestic

Violence Act, 2005, as amended till date;

AND

In the matter of:

….

…..Complainant/Wife

Vs.

…...

….Respondents

The humble petition of the aggrieved

person/ complainant above named –

MOST RESPECTFULLY SHEWETH:

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1. That Your Complainant/Wife is Hindu by religion and is peace loving and

law-abiding citizen of India.

2. That Your Complainant states that Respondent No. 1 herein is also a

Hindu by religion and presently residing at the address as mentioned
herein above. Respondent No. 2 is the sister of the Respondent No. 1.
Respondent No. 3 is the mother of the Respondent No. 1 and Respondent
No. 4 is the father of the Respondent No. 1.

3. Your Complainant/Wife met Respondent No. 1 through a matrimonial site

in the name and style of Shaadi.com, and their first meeting took place in
Mumbai. It is to be mentioned herein that Your Complainant/Wife fell in
love with the calm and pleasant behavior of Respondent No. 1 without
having the slightest knowledge of the real character of Respondent No. 1.

4. That Your Complainant/Wife subsequently fell in love with Respondent

No. 1 and got married at …… on ….. as per Hindu rites and rituals in the
presence of friends and family of both parties. The marriage was
subsequently duly registered at Kanpur under the stamp and seal of a
marriage registrar at Kanpur under provisions of the Hindu Marriage Act.
However, due to instances narrated later in the application, Your
Complainant is not in possession of the said certificate.

5. That Your Complainant states that accordingly Your Complainant started

residing with Respondent No. 1 herein as husband and wife at her
matrimonial home at ….. initially along with the Respondents Nos. 3 & 4
and the marriage between the parties was duly consummated. It is to be
noted here that there is no issue out of the said wedlock.
 [3]

6. That Your Complainant/Wife states she entered her matrimonial house

with high hopes of having a loving and hearty life of marital bliss, but her
dreams were cruelly shattered as the real character of Respondent No. 1
and the Respondents Nos. 2, 3 & 4 started coming to light. The initial
loving and caring façade crumbled away and was soon replaced by a
monstrous character which made the life of Your Complainant a living hell.
The despicable acts of cruelty that Your Complainant was subjected to on
a daily basis at the hands of the Respondents became evermore
pronounced.

7. That Your Complainant/Wife states that while on their honeymoon trip to

Maldives at the end of January 2017 during the journey, while on a
connecting flight via Kochi, Your Complainant/Wife endured verbal abuse
from Respondent No. 1. In a distressing incident, Respondent No. 1
derogatorily referred to Your Complainant/Wife as a 'Randi' amidst a
trivial argument publicly and caused a public spectacle. Regrettably, this
behavior persisted during their stay in Maldives. Upon arrival at the hotel,
Respondent No. 1 disparaged Your Complainant/Wife, expressing
dissatisfaction with her perceived lack of sophistication, insinuating that
she was unfit for the hotel's ambiance. Throughout the duration of the
honeymoon, Respondent No. 1 continued to belittle Your
Complainant/Wife, frequently reminding her of the expenses incurred for
the hotel and disparagingly characterizing it as a waste.

8. That Your Complainant states that in the initial days following the
matrimonial union, Your Complainant/Wife's stay in Kanpur was marred
by regressive customs and neglect. Upon returning to the marital home,
as the newlywed, Your Complainant/Wife endured the indignity of being
dressed in an old saree and relegated to sleep alongside the Respondent
No. 2, her cries ignored by the absentee Respondent No. 1. Subsequently
coerced into participating in a puja and ceremonies along with other
rituals with eunuchs by the Respondents Nos. 3 & 4, Your
 [4]

Complainant/Wife found herself mentally and physically drained, her

complaints falling on deaf ears. Further humiliation ensued as Your
Complainant/Wife was berated by Respondent No. 1 and the Respondents
Nos. 3 & 4 for her perceived inability to drape a saree during visits to the
Respondent's family.

9. That Your Complainant states that during her stay in Kanpur, Your
Complainant/Wife endured relentless exhaustion due to sleep deprivation
and recurrent illnesses which necessitated her being entirely reliant on
medication merely to function. Rather than extending support during
these trying times, Respondent No. 1 exacerbated her suffering, subjecting
her to verbal abuse along with the Respondents Nos 3 & 4 using extremely
filthy and derogatory words. In a pattern mirroring the demeaning
treatment of women in his family, Respondent No. 1 along with
Respondent Nos. 3 & 4 resorted to openly insulting Your
Complainant/Wife, inflicting relentless mental anguish upon her day in
and day out.

10. That Your Complainant states that prior to their matrimonial union,
representations were made by Respondent No. 1 and the Respondents Nos.
3 & 4 asserting his employment as a Petroleum Engineer at Baker Hughes,
with an accompanying salary of Rs 15 lacs and a promised promotion
slated for the month of January. However, shortly after marriage, during
a work-related trip to Durgapur, Respondent No. 1 expressed a desire to
resign from his purported position due to frustration stemming from the
absence of the promised promotion. When confronted regarding the initial
misrepresentation, Respondent No. 1 callously admitted to fabricating
details in order to secure the marriage sans which, Your Complainant
would not have married him, thereby betraying Your Complainant/Wife's
trust and resorting to deceitful means to attain his ends. Respondent No.
1 had said “agar tumhe ye sab pata hota toh tum mujhse shaadi nahi
karti”. This revelation starkly exposed the deceit perpetrated by
Respondent No. 1 and the Respondents Nos. 3 & 4, who had misled Your
 [5]

Complainant/Wife regarding his career, salary, and stability. It became

evident that Respondent No. 1 and the Respondents Nos. 3 & 4 had
manipulated Your Complainant/Wife into marriage by concealing crucial
details about his professional life. Contrary to the façade presented,
Respondent No. 1 exhibited minimal ambition and financial contribution,
leaving Your Complainant/Wife to shoulder the financial burdens
independently, resorting to her own savings or borrowing from her parents
under false pretenses, as she grappled with the reality of the deception
perpetrated by Respondent No. 1 and his family. The Respondents Nos. 3
& 4 furtuher instigated the Respondent No. 1 to not only not give Your
Complainant any money but to ask her to get money from her own parents
to run their household. Only after repeated pleadings would he deign to
allocate a meagre token amount to Your Complainant/Wife for expenses
stemming from everyday financial life whilst Respondent No. 1 through
explicit statements made it clear that every other financial needs that Your
Complainant/wife would have would have to be borne by herself or her
parents.

11. That Your Complainant states that on and from the month of
February for about 6 months, Your Complainant/Wife and Respondent
No. 1 resided with Respondent No. 2 and her husband in Mumbai, at D
4503 Ashok Tower Parel, Mumbai, 400012. Despite Your
Complainant/Wife's insistence on acquiring their own apartment,
Respondent No. 1 displayed a lack of enthusiasm towards the endeavor.
Although they explored various housing options, no definitive action was
taken to secure a residence. Notably, Respondent No. 1 habitually
disregarded Your Complainant/Wife's input during house-hunting
excursions, resorting to verbal abuse when met with differing opinions.
Tensions often escalated between Respondent No. 1, Respondent No. 2,
and brokers, resulting in futile attempts to secure accommodation.

12. That it is to be mentioned herein that during their marriage, Your

Complainant had to always resort to borrowing money from her own
 [6]

parents or expend from her own meagre savings as Respondent No. 1

intentionally deprived her of any form/sort of financial assistance.
Respondent No. 1 also did not divulge his earnings and as such never gave
access to any finances to Your Complainant/Wife. For all her essentials
like clothing, miscellaneous daily replenishables like soaps and perfumes
had to be borne entirely by Your Complainant.

13. That the Respondent No. 2, exhibited a temperament akin to

Respondent No. 1, characterized by short temper and undue scrutiny. She
routinely chastised Your Complainant/Wife for failing to adorn herself
with sufficient jewellery to impress their circle of relatives, or for wearing
attire that did not meet her standards, even going as far as criticizing
nightgowns that revealed Your Complainant/Wife's ankles. Additionally,
Respondent No. 2 would disparage Your Complainant/Wife for not
possessing adequate attire suitable for visits to their relatives' homes.
These incessant critiques and taunts left Your Complainant/Wife devoid
of the freedom to dress according to her own preferences, further
exacerbating her sense of constraint within the familial environment.

14. That Your Complainant states that during a visit to Kanpur for
Diwali in October 2017, a distressing incident unfolded between Your
Complainant/Wife and Respondent No. 1 after a dinner outing. Upon
noticing a shop of interest and entering without informing Respondent No.
1, a tumultuous argument erupted, exposing his tyrannical control over
Your Complainant/Wife's actions, depriving her of fundamental
autonomy. Despite her efforts to reconcile, Respondent No. 1 callously and
maliciously abandoned her on the streets of Kanpur, knowing full well that
she did not know her way around them, displaying a shocking disregard
for her safety and well-being. Subsequently, after Your Complainant spent
considerable time frantically running around the unfamiliar streets when
she finally found Respondent No. 1 in his car and upon reuniting in the
car, he subjected Your Complainant/Wife to a barrage of verbal abuse,
hurling derogatory insults and baseless accusations with pertinence to her
 [7]

character and that of her family. In a desperate bid to document the ordeal,
Your Complainant/Wife recorded the altercation on her phone, only to
provoke further rage from Respondent No. 1, who violently destroyed her
device by smashing it in half. Despite Your Complainant/Wife's visible
distress upon returning home and even after narrating her entire ordeal,
the Respondent's family remained passive observers, failing to offer any
assistance or intervention, leaving Your Complainant/Wife utterly alone
and vulnerable to the cruelty of Respondent No. 1.

15. That Your Complainant further states that in July 2017, during a
visit from Respondent No. 1's cousins, all members of the household were
accommodated in a single room for sleeping arrangements. Your
Complainant/Wife found herself on a mattress on the floor alongside one
of Respondent No. 1's cousins, Sehaj, while Respondent No. 1 occupied
the bed. In an attempt to communicate with Respondent No. 1 in the
darkness of the room, Your Complainant/Wife inadvertently touched his
eyes while trying to tap his shoulders. In response, Respondent No. 1
reacted violently, immediately striking her with two punches. Despite Your
Complainant/Wife's distress and tears, witnesses to the incident remained
silent, failing to intervene or offer any form of assistance, thereby
compounding the trauma she experienced.

16. That Your Complainant states that Respondent No. 1 consistently

neglected to engage with Your Complainant/Wife's family, never once
making the effort to visit Kolkata after their marriage. Instead, he imposed
expectations for Your Complainant/Wife to entertain his own relatives
exclusively. On a particular occasion, when Your Complainant/Wife's
father visited Mumbai around the 24th of May 2017 and stayed with her
sister due to the absence of their own residence, she requested Respondent
No. 1 to meet her father. However, Respondent No. 1 callously refused,
citing an alleged workload, only to later discover that he had been
socializing with friends and indulging in revelry. Furthermore, Your
Complainant/Wife stumbled upon messages on Respondent No. 1's
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phone, containing disparaging and hurtful remarks about her sister,

herself, and her father, further exemplifying his lack of regard for her
family and his deceitful nature.

17. That Your Complainant states that in July 2018, Respondent No. 1
made plans to visit Kanpur, with Your Complainant and as usual,
arranged for one-way tickets without consulting Your Complainant/Wife
regarding her return journey. This unilateral decision-making pattern
extended to discussions held exclusively with Respondent No. 1's sister,
effectively sidelining Your Complainant/Wife's input. When Your
Complainant/Wife requested tickets for her return, she was met with
resistance from Respondent No. 1, who asserted her obligation was to
remain in Kanpur and attend to Respondent Nos. 3 & 4 and told her that
her status would be that of a mere servant in his family's eyes. Deprived
of any opportunity to express her opinions, attempts to assert herself were
met with hostility, resulting in contentious arguments. Faced with the
prospect of marital discord, Your Complainant/Wife felt compelled to
acquiesce to Respondent No. 1's demands, sacrificing her autonomy for
the sake of preserving the marriage.

18. That Your Complainant states that following a consultation with an

astrologer in September 2018, wherein the astrologer suggested potential
challenges in conception, Respondent No. 1 embarked on a campaign of
emotional and mental torment against Your Complainant/Wife regarding
this matter. Relentlessly, he subjected her to psychological abuse,
repeatedly asserting her supposed inability to conceive. In a cruel display
of manipulation, he threatened to divulge this personal information to his
entire family, falsely branding Your Complainant/Wife as barren. This
sustained emotional abuse inflicted profound anguish upon Your
Complainant/Wife, undermining her sense of self-worth and perpetuating
a climate of fear and insecurity within the marriage.
 [9]

19. That Your Complainant states that day in and day out, both
Respondent No. 2 and Respondent No. 1 relentlessly taunted Your
Complainant/Wife about her dusky complexion, incessantly pressuring
her to apply "ubtan" and "Fair and Lovely" products in a misguided attempt
to lighten her skin tone. This continuous harassment regarding her
complexion created an environment of immense psychological distress for
Your Complainant/Wife, further exacerbating her sense of inadequacy and
eroding her self-esteem.

20. That Your Complainant states that during a visit to the house of one
of Respondent No. 2's friends, an incident occurred that underscored the
demeaning treatment endured by Your Complainant/Wife. While seated at
their acquaintance's home, Your Complainant/Wife stood up to assist
when beverages were being served. However, Nidhi made a disparaging
remark by saying “let shruti help you,hum bhabhi ko yaha laaye hi kyun
hain”. This hurtful comment deeply affected Your Complainant/Wife,
prompting her to express her feelings to Respondent No. 1. However,
instead of acknowledging her hurt and offering support, Respondent No. 1
berated Your Complainant/Wife, shifting blame onto her for overthinking
and being unable to take a joke, thus exacerbating her sense of isolation
and disregard within the familial dynamic. At every turn, the Respondent
No. 2 in coherence with the Respondent No. 1 treated Your Complainant
like an outsider and relegated her position to that of a mere servant.

21. That Your Complainant further states that periodically and ever so
often, Respondent No. 1 would demand that Your Complainant/Wife pack
her belongings and vacate his sister's residence, indicating his desire for
her to leave their matrimonial home. On occasions when Your
Complainant/Wife ventured out with her friends, Respondent No. 1 would
instruct her over the phone to remain wherever she was and refrain from
returning home, further underscoring his insistence on her departure from
their shared abode. On several occasions, Your Complainant was told by
 [10]

the Respondent No. 2 that she would do better than to return home as she
was unfit to be a housewife and was nothing better than a prostitute.

22. That Your Complainant states that she overheard Respondent No. 1
conversing with his sister i.e. the Respondent No 2, during which he
asserted that his wedding ring, a pure solitaire, was actually artificial—a
claim she found deeply distressing and unfounded. Confronting
Respondent No. 1 about this allegation, Your Complainant expressed her
hurt and frustration in response to which, Respondent No. 1 resorted to
insulting Your Complainant/Wife and her family in extremely filthy and
abusive language and making unwarranted and disparaging remarks
about their characters and the same was joined in by the Respondent No.
2 insisting that Your Complainant/Wife prove the authenticity of the ring
by having it examined by a jeweller, they refused to relent until their
doubts were dispelled. During this altercation, the Respondent No. 2 told
Your Complainant that she should call her parents and ask them for
money to buy a genuine solitaire ring failing which she would be kicked
out from their shared household.

23. That Your Complainant states that Respondent No. 1 and often at
times through instigation from the Respondent No. 2, in fits of anger,
frequently resorted to vindictive acts such as discarding Your
Complainant/Wife's belongings, including clothes and personal items, into
the dustbin. This pattern of behavior not only displayed a lack of respect
for her possessions but also served as a means of exerting control and
inflicting emotional distress. Consequently, Your Complainant/Wife was
compelled to retrieve her belongings from the dustbin, a humiliating and
degrading experience that underscored the toxic dynamics within their
relationship.

24. That Your Complainant states that one day, Your Complainant/Wife
suddenly discovered communication with the ex-girlfriend of Respondent
 [11]

No. 1, namely Sabita Ranganathan. These messages were of an extremely

explicit and adulterous nature, causing her immense mental agony and
prompting her to confront him. In response, Respondent No. 1 became
enraged and dangerously perched himself on the window ledge of the 45th
floor of the building they resided in, threatening to end his life. Faced with
this dire situation, Your Complainant/Wife felt compelled to apologize to
him in order to persuade him to come down from the window. Despite her
pleas, Respondent No. 1 remained perched on the window, dangling his
legs outside, and continued to threaten self-harm while menacingly
suggesting that if he followed through with his threats, he would ensure
that Your Complainant/Wife would land in prison and/or have false
criminal cases filed against herself to which the Respondent No. 2 would
give false testimony to ensuring that Your Complainant gets incarcerated.
This distressing incident exemplified the extreme lengths to which
Respondent No. 1 and 2 would go to manipulate and control Your
Complainant/Wife, further exacerbating her emotional turmoil and fear
for her.

25. That Your Complainant states that on multiple occasions,

Respondent No. 1 attempted to take his own life whenever Your
Complainant/Wife objected to any of his erratic and torturous behavior,
demonstrating a concerning pattern of conduct. In January 2018, when
Your Complainant/Wife discovered him exchanging explicit photographs
with his ex-girlfriend, Respondent No. 1's violent and abusive reaction
culminated in a dangerous gesture. He retrieved a knife from the kitchen
and threatened to harm himself by placing it against his wrist if she told
anyone about the matter. This harrowing incident underscored the
severity of Respondent No. 1's psychological distress and further
contributed to the environment of fear and instability experienced by Your
Complainant/Wife.

26. On the 21st of April 2017, the journey from Dubai to Mumbai was
fraught with inequality and disregard for Your Complainant/Wife's well-
 [12]

being with her position being relegated to being akin to a burden. While
Respondent No. 1 arranged luxurious Emirates flights for himself and his
parents, he opted for a cheaper option, involving a connecting flight via
Bahrain, for Your Complainant/Wife. This decision forced her to
undertake the journey alone, subjecting her to the risks and discomforts
of traveling solo in unfamiliar surroundings, surrounded by strangers.
This stark discrepancy in treatment not only underscored Respondent No.
1's prioritization of financial savings over Your Complainant/Wife's safety
and comfort but also highlighted a profound lack of consideration for her
welfare and dignity within the marital relationship.

27. Your Complainant states that Respondent No. 1, along with herself,
had further shifted to Guwahati in and around July, Residing at
Jagabandhu Apartments having its address as Bhangagarh, GS Road,
Block 1 Flat F2. Jagabandhu apartments Guwahati, Assam 781005,
Respondent No. 1 deceitfully misrepresented his employment status in
Guwahati to his family, fabricating a façade of productivity while in reality
remaining unemployed and idle for a significant duration. Despite this, he
coerced Your Complainant/Wife into colluding with his deception,
instructing her to lie to his parents whenever they inquired about his
purported job at the factory. Under duress, Your Complainant/Wife
complied with his demands to avoid facing his wrath, as she knew that
any deviation from their fabricated narrative would result in physical
violence as on earlier occasions she has been beaten mercilessly by
Respondent No. 1. This coercion not only perpetuated Respondent No. 1's
deceit but also subjected Your Complainant/Wife to further emotional and
physical abuse, perpetuating a cycle of manipulation and fear within their
relationship.

28. Your Complainant states that upon acquiring the flat, the initial
experience was marred by unsanitary conditions, with the premises
infested with cockroaches and in a state of disrepair. Rather than seeking
assistance from professional cleaners, Respondent No. 1 instructed Your
 [13]

Complainant/Wife to undertake the daunting task of cleaning the flat.

Furthermore, he imposed a ban on hiring any household help, explicitly
stating that Your Complainant/Wife's sole purpose in the marriage was to
serve as an unpaid maid within the household. This egregious treatment
not only subjected Your Complainant/Wife to unreasonable demands but
also reduced her to the status of an exploited domestic servant, further
highlighting the gross imbalance of power and disregard for her well-being
within the matrimonial dynamic. When Your Complainant/Wife appealed
to her in-laws, the Respondents Nos. 3 & 4 for assistance in the matter,
they further instructed the Respondent No. 1 to not allow for any other
household help and if she was so desperate, that she should ask her
parents to provide for the money to do so. It was only after repeated and
desperate pleadings from Your Complainant that Respondent No. 1 finally
relented and allowed her to find a domestic help.

29. Your Complainant states that in Guwahati, the initial days of Your
Complainant/Wife's marital life were marked by profound hardship and
mistreatment. Despite waking up at 6 am to prepare meals for Respondent
No. 1 before he departed for work, she endured relentless verbal abuse
and confrontations in the filthiest of languages, often triggered by minor
issues such as salt levels in the food. On one occasion, while accompanied
by her mother during a trip to the bank, Respondent No. 1's inexplicable
bad mood led to a heated argument over transportation arrangements,
leaving Your Complainant/Wife stranded on the roadside, with her mother
witnessing her distress. Throughout this tumultuous period, Your
Complainant/Wife bore the brunt of household responsibilities single-
handedly, while Respondent No. 1 remained idle at home, subjecting her
to further mistreatment and berating the hired help. Instead of offering
support, Respondent No. 1 actively undermined Your Complainant/Wife's
efforts, even resorting to documenting minor kitchen mishaps to denigrate
her competence to his family. These incidents collectively illustrate the
profound emotional and physical toll inflicted upon Your
Complainant/Wife, underscoring the pervasive atmosphere of control,
manipulation, and neglect within the matrimonial home.
 [14]

30. The Respondent No 1 had a volatile temper which manifested in

disturbing behavior, notably a pattern of discarding Your
Complainant/Wife's belongings in fits of anger, a distressing ordeal she
endured frequently. During a particular disagreement, seeking solace and
privacy, Your Complainant/Wife retreated to the sanctuary of their room,
locking the door for respite. However, instead of respecting her need for
space, Respondent No. 1 violently forced his way in, breaking down the
door in a display of unchecked rage. This traumatic incident compounded
Your Complainant/Wife's pervasive fear of physical harm, as she lived in
constant apprehension of Respondent No. 1's potential for violence. Even
after such incident, Respondent No. 1 called up his mother, Respondent
No. 3 and said that “dimaag nahi hai ladki ke paas, bhrasht hai buddhi”,
“aap logo ke gale ki haddi ban jaaegi jaise mere gale ki ban gai hai, she
has no brains, she will destroy everyone” to which the Respondent No. 3
replied by saying that Your Complainant should be thrown onto the streets
and abandoned. These distressing encounters underscore the pervasive
atmosphere of intimidation and control within their relationship, leaving
Your Complainant/Wife in a perpetual state of fear and vulnerability.

31. Your Complainant states that in January 2018, on the first day of
the year, a heated altercation erupted between Your Complainant/Wife
and Respondent No. 1, culminating in a violent outburst. In a fit of rage,
Respondent No. 1 violently destroyed Your Complainant/Wife's phone
when she objected to the same. Subsequently, Respondent No. 1 resorted
to physical violence, striking her with such force that she went flying onto
the ground, resulting in severe facial trauma and double vision. Despite
the gravity of her injuries, Respondent No. 1 callously proceeded to
denigrate Your Complainant/Wife to his parents over the phone. Following
repeated pleading from Your Complainant, Respondent No. 1 finally agreed
to take her to a hospital, where a doctor attended to her injuries and stated
that she had internal trauma, and the double vision would take
substantial time to subside. Deprived of any means of communication due
to her broken phone, Your Complainant/Wife endured a harrowing night
 [15]

of anguish and fear while Respondent No. 1 pitilessly slept. His lack of
concern for her well-being was starkly evident when he callously
threatened her, stating that he would kill Your Complainant if she dared
to cause any further "tension" for him and his family. The next day, Your
Complainant managed to videocall her father from Respondent No. 1's
phone, wherein her father saw that she had a swollen black eye. Following
her father's intervention, Respondent No. 1 begrudgingly provided Your
Complainant/Wife with a replacement phone.

32. Your Complainant states that after this harrowing incident, and
despite her fragile state, Your Complainant/Wife undertook a journey to
Calcutta for purposes of puja and other religious ceremonies. Despite her
asking Respondent No. 1 multiple times to accompany her in her then-
weakened state, Respondent No. 1 flat out refused and told her that if she
wanted to go to her home, she would have to undertake the risk, and if
she died, he would simply get married again.

33. Your Complainant states that subsequently, Respondent No. 1

agreed to visit Your Complainant and her family in Kolkata briefly before
departing for Guwahati. However, upon Your Complainant/Wife's arrival
in Kolkata, Respondent No. 1 reneged on his agreement, insisting on
bringing his sister, the Respondent No. 2 along, or else he would not come
at all. Resolute in her stance, Your Complainant/Wife insisted that
Respondent No. 1 visit alone, especially since it was his inaugural visit to
Kolkata, sparking yet another altercation. Amidst the escalating conflict,
Respondent No. 1 asked Your Complainant to stay over in Kolkata and
avoid returning for good. Ultimately, Respondent No. 1 chose to forgo his
visit to Kolkata altogether, opting instead to depart for Gurgaon
permanently.

34. Your Complainant states that despite the father of Your

Complainant's request for Respondent No. 1 to leave for Gurgaon taking
 [16]

only his belongings and possessions and leaving her items which he would
collect from Guwahati at a later date, in a shocking turn of events, despite
assurances that he would only take his personal belongings, Respondent
No. 1 absconded with all the luggage, including Your Complainant's
valuable possessions. This blatant act of betrayal and disregard for Your
Complainant's belongings further underscored the breakdown of trust and
the callous indifference demonstrated by Respondent No. 1 towards her
well-being.

35. Your Complainant states that she had items and goods of
considerable value, including her stridhan ornaments along with wedding
dresses, perfumes, and shoes, which she had all purchased with her own
money. This money she had saved up or had borrowed from her parents
from time to time, as Respondent No. 1 intentionally avoided paying her a
single penny for her own maintenance or for her own independent financial
needs. Despite several requests made by the father of Your Complainant
to give back her items and belongings, such requests fell upon the deaf
and uncaring ears of Respondent No. 1. At this juncture, it is to be
mentioned herein that later on the uncle and aunt of Your Complainant
went to Kanpur to collect the belongings of Your Complainant but only the
jewelry that she had brought from her paternal house was returned back
to her. The rest of the belongings of Your Complainant, including her
stridhan ornaments, were withheld by Respondent No 1 being hand-in-
gloves with the Respondent Nos. 3 and 4.

36. Despite numerous requests and pleas, the following items belonging
to Your Complainant/Wife, which were left behind in Guwahati, have not
been returned by the Respondent No. 1 or the Respondent Nos. 3 & 4:

1) Ornaments from his side of the family (Stridhan)

1 diamond half set with necklace and a pair of earrings, 1 half

gold set (including necklace, 1 pair of earrings, 1 ring), 3 gold
chains, 3 pairs of earrings
 [17]

2) Cash approximating around Rs 25,000

3) Furniture and Household Items:

Sofa cum bed, TV, Washing machine, Four-seater table,

Bedsheets, Air conditioner (Note: Purchased with money given by
Your Complainant/Wife's aunt)

4) Personal belongings:

Clothes, Perfumes, Shoes, Handbags

5) Wedding trousseau:

Sarees, Suits, Sandals, Wedding lehenga, Reception lehenga

Despite the sentimental and material value attached to these items, the
Respondent Nos. 1, 2 and 3 have failed to honor repeated requests for their
return, causing Your Complainant/Wife undue hardship and distress.

37. Your Complainant states that despite Your Complainant/Wife's

clear stance that any reconciliation efforts must be preceded by
Respondent No. 1 acknowledging his wrongdoing and committing to
change, he persisted in attempting to reconcile through manipulative
gestures such as sending flowers even after she repeatedly asked him to
avoid doing so, but he continued harassing her and her family. While
residing in Mumbai with her sister, Respondent No. 1, accompanied by his
brother-in-law, his brother-in-law's brother, and their respective family
members, unexpectedly arrived at her sister's house in an apparent effort
to emotionally coerce her into returning with him. Although Your
Complainant/Wife was absent at the time, they engaged with her sister in
an attempt to facilitate reconciliation. Subsequently, the entire family of
Respondent No. 1 along with Respondent Nos. 3 & 4 approached Your
Complainant/Wife's family to seek reconciliation. Throughout these
interactions, Respondent No. 1's intimidating presence and unwavering
gaze served to intimidate Your Complainant/Wife. However, despite their
efforts, reconciliation remained elusive, as Respondent Nos 2 and 3 failed
 [18]

to acknowledge the transgressions of Respondent No. 1, attributing them

to the behavior of men his age, thereby perpetuating a culture of impunity
and enabling further mistreatment.

38. Your Complainant states that on the 15th of May 2020, Your
Complainant/Wife took the courageous step of initiating mutual divorce
proceedings by messaging Respondent No. 1 but received no response.
However, on the 6th of February 2022, Respondent No. 1 reached out to
Your Complainant/Wife to progress the matter, yet due to pressing family
health issues, she was unable to engage in the discussion. Subsequent
attempts at communication from Respondent No. 1 on the 14th of
November 2022 and again on the 1st of January went unanswered, leading
to a pivotal moment when his father reached out to Your
Complainant/Wife's father instead. In a further bid to assert control,
Respondent No. 1 resorted to contacting Your Complainant/Wife's friend
to inquire about her whereabouts, falsely portraying her as unreachable.
This calculated effort to pressure and manipulate Your Complainant/Wife
into reconciliation while tarnishing her reputation among her circle of
friends highlights Respondent No. 1's disregard for her autonomy and well-
being.

39. Your Complainant/Wife endured an unimaginable ordeal of mental,

emotional, physical, and economic abuse throughout her marriage at the
hands of the Respondent No 1 in consonance and in connivance with
Respondent Nos. 2,3 and 4 who through active and passive participation
contributed in a major fashion to the cruelty meted out to her. Her initial
hopes of a happy, fulfilling married life were shattered by the utter absence
of safety and security. The Respondent No. 1, devoid of responsibility and
stability, subjected Your Complainant/Wife to relentless lies, financial
instability, and infidelity, inflicting profound trauma upon her. His
reprehensible behavior extended to threats of self-harm and suicide,
alongside menacing threats of legal repercussions, perpetuating a climate
of fear and coercion. Enduring an egregious cycle of physical, verbal,
 [19]

emotional, and financial abuse, Your Complainant/Wife's pleas for

intervention from the Respondent Nos. 2 and 3 fell on deaf ears,
exacerbating her suffering and enabling the continuation of her torment.
In essence, she endured every form of abuse that no woman should ever
experience within the confines of a marriage.

40. That Your Complainant states that at present she is residing with
her parents at the address mentioned above in the cause-title of the
application and that though the marriage between the parties was
solemnized and the entire cause of action were outside the territorial
jurisdiction of this learned Court, but at the time of presentation of the
instant petition the petitioner being the wife is residing within the
territorial jurisdiction of this Learned Court and as such is well within the
jurisdiction of this Learned Court.

41. That, the Complainant prays for:

Under the above circumstances it is respectfully

prayed that Your Honour would be graciously

pleased to take cognizance of the aforesaid greave

Domestic Violence, perpetrated upon the

Complainant by the Respondents and pass

following necessary protection order in terms of

Section 18, 19, 20 & 22 of the said Act, together

with interim protection order/reliefs in terms of

Section 23 of the said Act as per separate Affidavit

filed herewith :-

a) Call for a report from protection officer under

Section 9 of the P.W. D.V. Act 2005 at an early

date.

b) A residence order and/or interim residence order

in terms of Section 19 of the said Act directing the

 [20]

Respondent to secure same level of alternate

accommodation for the Complainant, as enjoyed

by her in the shared household/matrimonial

house or to pay rent for the same if circumstances

so require

c) An order and/or interim in terms of Section

19(6)(8) read with Section 20(l)(b) of the

said act, directing the respondents to pay

all medical expenses and maintenance for

daily life of the Complainant further directing

the respondents to return the possessions

of the Complainant including her

stridhan properties and goods or any other

property to which the Complainant is

entitled to which she received from her

in laws and the relatives and invitees

who were present at the different

ceremonies before, during and after

marriage.

d) An order and/or interim order of in terms

of Section 20(1)(2)(3) of the said Act,

directing the respondent to pay monetary

relief to the Complainant to meet the

expenses incurred by her towards

litigation expenses and other expenses

as a result of domestic violence and

further direct the Respondent No. l to pay

 [21]

to the Complainant adequate, fair and

reasonable amount of monetary relief

consistent with the standard of living to

which the Complainant is accustomed and

further direct the Respondent No. l to

pay to the Complainant a sum of Rs.

50,000/- (for self) towards monthly

maintenance of the Complainant from

the date of presentation Of the instant case

before this Ld. Court and a further sum of Rs.

2,00,000/- in lump sum for the present towards

her litigation expenses, medical expenses,

transport charges etc. your Complainant shall be

seriously prejudiced and shall become an

agonizing victim of great miscarriage of justice.

e) Pass an order under Section 22 of the said Act

for providing compensation amounting to Rs.

1,00,00,000/- (Rupees 1 crore only) for physical,

mental, emotional and economic cruelty as meted

out to your Complainant.

f) An order and/or interim order granting interim

relief/orders in terms of prayers as aforesaid, in

terms of Section 23 of the said Act as per affidavit

of Complainant filed herewith.

And

Pass such other or further order/orders

direction/directions in terms of the provisions of

the said Act, granting immediate relief to the

 [22]

Complainant which she is entitle to disposing of

this application within a period of 60 days from

the date of its first hearing in terms of Section

12(4) and(5) of the said act for ends of justice.

And for this act of kindness your Complainant as

in duty bound shall ever pray.

Dated, Barasat.