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Kimberly DV

Mrs. Kimberly Altino Crasto has filed an application under the Protection of Women from Domestic Violence Act against her husband, Mr. Moses Bababhai Chudesra, detailing allegations of manipulation, abandonment, and abuse following their marriage on April 9, 2020. The applicant claims that since the marriage, the respondent has failed to fulfill his marital duties, has threatened her, and has subjected her to emotional and financial distress. She seeks legal redress and interim relief due to the respondent's actions, which she states have caused her significant harm.

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Narayan Mishra
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0% found this document useful (0 votes)
172 views40 pages

Kimberly DV

Mrs. Kimberly Altino Crasto has filed an application under the Protection of Women from Domestic Violence Act against her husband, Mr. Moses Bababhai Chudesra, detailing allegations of manipulation, abandonment, and abuse following their marriage on April 9, 2020. The applicant claims that since the marriage, the respondent has failed to fulfill his marital duties, has threatened her, and has subjected her to emotional and financial distress. She seeks legal redress and interim relief due to the respondent's actions, which she states have caused her significant harm.

Uploaded by

Narayan Mishra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 40

IN THE LEARNED METROPOLITAN MAGISTRATE

COURT______BORIVALI, MUMBAI

C.C.NO. /D.V. /2023

Mrs. Kimberly Altino Crasto


………Applicant
V/s

Mr. Moses Bababhai Chudesra & ors

……..Respondent

Index

LIST OF DOCUMENTS
SR. PARTICULARS PAGE
NO. NOS.
1. Exhibit A” is the copy of Marriage
Certificate
2. Exhibit “B” Colly are the copies of
notice dated 15th July, 2023 and reply
by Respondent through advocate
10/06/2023
3. Exhibit “C” is the copy of written
complaint dated 22/08/2023 to Goregaon
police station
4. Exhibit “D” is the copy of complaint
dated 26.08.2023 to the division office
of ACP Goregaon west
5 Exhibit “E” is the copy of written
complaint dated 30/08/2023 to zone XI
DCP
6 Affidavit under section 23 of
protection of women from domestic
violence Act 2005(43 of 2005)
7 Application for INTERIM RELIEF
U/S 23 of P.W.D.V.A 2005
8 List of Documents and Witnesses
9 Vakaltnama
6 Any other relevant documents

IN THE LEARNED METROPOLITAN MAGISTRATE


COURT______BORIVALI, MUMBAI
C.C.NO. /D.V. /2023

Mrs. Kimberly Altino Crasto

Age: 32 years, Occ: Service


Residing at Mahatma Phule Nagar Zopadpatti,
Room no.60, Opp Baudha Vihar,
Teen Dongri, Goregaon (West),
Maharashtra,Mumbai-400104

Jari Mari Cottage Room No: 7,


1st Floor, Murum khan Road
Marve road behind st anthonys
church malad west murum khan

peer bhai compound kedarmal


road ground floor, near new
sanjeevani hospital, Mumbai-400095
……… Applicant

Protection of Women from Domestic Violence Act, 2005


V/s

Mr. Moses Bababhai Chudesra

Age : 33 occupation: Business

. )…….Respondent
Mr. Bababhai Chudesra

61 occupation: Businessman

Mrs. Jaibunisa Chudesra


58 occupation: Homemaker
Mr. Muffis Bababhai Chudesra
38 Occupation: Business
Mr ,Moiz
36 Occupation

…..Respondents

APPLICATION UNDER SECTION


12, 18, 19, 20 and 23 OF THE
PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT,2005.

MAY IT PLEASE YOUR HONOUR:-

THE APPLICANT ABOVENAMED STATE AS UNDER -

The Applicant above named most respectfully states as under :-

1) The Applicant state the marriage between Applicant and

Respondent no 1 were solemnized on 09th April 2020


at Coast land Cottages, Anjuna, Goa as per Shariat law.

2) The Applicant state that Marriage was witnessed by

Mr.Gulam Smarat & Mr. Basir Moses, in presence of

local kazi who performed Nikah on 09th April 2020,

followed by grand reception also known as Walima.

“Exhibit A” Photo of Haldi Ceremony, Walima, and

Applicant and Respondent no 1 withattached.

3) The Applicant states that Respondent no 1 have

traditionally as per shariat Completed the Nikah

Ceremony on 09th April 2020 with pomp and fare in

presence of his office staff and respondent no 1 friends

and staff, as the cottage hotel named Coastland cottages

at Anjuna, Goa were owned by respondent no 1, .

4) The Applicant states that Respondent no 1 and Applicant

met in year 2019 through social media site after that

Respondent no 1 persuaded applicant to meet and discuss

business work post few meetings, Respondent no 1


expressed love towards Applicant also proposed to get

married to applicant, Respondent no 1 accepted love

proposal, and agreed to get married after which

Respondent no 1 and Applicant met frequently and

Respondent no 1 started forcing her for Physical

intimacy and to fulfill the purpose, Respondent no 1 took

Applicant to lodging and hotels in Mumbai and Goa

various location before marriage and had sexual

intercourse and forced her to watch porn and tried to do

unnatural sex which applicant objected, applicant states

that respondent no 1 had an addiction of drugs also forced

applicant to join him, to which applicant resisted+ and

refused, applicant

5) The Applicant state that Respondent no 1 have been

manipulative, had ulterior motives may be secretly, which

Applicant was unaware of, Applicant states that

Respondent no 1 have remained dishonest with him

during the courtship association, Applicant further states


that Respondent no 1 had been violent on many

occasion during courtship, despite Respondent no 1 had

previously evaded from the promise of marriage, after lot

of deliberation and pleading from Applicant Respondent

no 1 agreed for marriage.


6) The Applicant state that to her shock and studder on the

same date when Respondent no 1 got married that is on

02/05/2023 at evening Respondent no 1 left for Oman

without informing Applicant .

7) The Applicant states that woman cherishes all her life of

being a bride and enjoy the joyous day of marriage and

first night of the marriage, which Respondent no 1 cruelly

denied or deprived Applicant which is no less than a

crime and morally breakage of scared marriage vows.

8) The Applicant states since the day of marriage Respondent

no 1 have left Applicant at the mercy of her maternal

family, Respondent have not entertained Applicant

phone call, if Respondent no 1 do answer the Phone call

Respondent no 1 don’t take the note of Applicant plea,

albeit Respondent no 1 told her many times that he

doesn’t believe in court marriage and she can do

whatever she wants, which is again a denial of Husband/


9

marital duties towards his wife therefore it is evident

Respondent no 1 have miserably failed to honor marriage

vows and promises.

9) The Applicant states that when she tried to seek the intervention

of Respondent no 1 mother that is Respondent no 2, Mrs.

Tabassum Rafiq Shaikh, Respondent no 2 had abused,

intimated , ridiculed, humiliated Applicant over the phone

and threatned Applicant of dire consequences and used

words like “ DYAN” “CHUDAIL” and Further body

shamed her over the phone exclaiming “teri jaisi se mera

beta shaddi kar hi nahi sakta” “Tere pass kya hai dene ke

liye mere bete ko” also questioned her character, Applicant

states she was pained to hear that Respondent no 2 has

taunted stating “Tum log ne kuch diya nahi, hume toh badi

Umeed thi” meanwhile Respondent no 3 also Applicant’s

sister-in-law i.e. Mrs. Rahila noor mohammed khan have

been relentlessly used abusive and demeaning words which


10

cannot be stated here and threatened with dire consequences

and threatened for life.

10) The Applicant states that when she told Respondent no 1

about Respondent no 2 and Respondent no 3 behavior

on the phone albeit sympathizing with Applicant

situation, Respondent no 1 threatened her and asked

applicant to behave as per Islamic culture of abiding

elders, otherwise she will be punished as per shariat

prophecy i.e beating wife to bring her on right track also

Respondent no 1 threatened accompanying muslim

scholars from masjid and elderly from his home, at

Applicant house and society, Respondent no 1 &

Respondent no 2 also told her to arrange for deposit

amount and advance rent for their new home and all

furniture’s and fixtures of house and then talk to him about

cohabiting the marriage which evidently means that

Respondent no 1 and his family intention for dowry.

11) The Applicant states that Respondent no 1 have


11

manipulated her during courtship , deceived her with

promise to marriage and established sexual

relationship with Applicant, Applicant has paid hotel

bills for vacation in Goa and Alibaug and now

Respondent no 1 have abandoned her, insisting

Applicant to agree to his monetary needs .

12) The Applicant states she feels deceived, cheated as

Respondent no 1 had married Applicant because she

had secured a good job and was about to leave for

Australia and Respondent no 1 intention was to live a

king-size lavish lifestyle feeding on Applicant’s

money, however when Applicant changed her

mind and decided to settle in India Respondent no 1

attitude has changed considerably and all Respondents

have abandoned her since then at maternal home.

13) The Applicant states that Respondent no 1 have

multiple affairs with other girls which she has

evidences to be produced when as in during the


12

investigation in front of Hon’ble Court, Applicant

states Respondent no 1 is habitual womanizer and

want to live a life of Casanova and deceitfully bait

innocent girls and manipulate to get physical intimacy

and money, accompanied with promise of

marriage.

14) The Applicant states that through this marriage

Respondent no 1 have created nuisance and brought

bad name to her family and her in toto which has

maligned repute in strata of society.

15) The Applicant states that Respondent no 1 have

humiliated Applicant in front of her family members

and friends, Applicant states that Respondent no 1

cruel behavior towards Applicant has pained her

beyond the limit of her endurance.

16) The Applicant states that Respondent no 1

obnoxious /Errant/ Ruthless/ wicked/ unmannerly

behavior and recklessness towards dishonor of marriage


13

has caused gross/ conspicuous irreparable damage to

the consciouses of Applicant which gave Applicant

sleepless night also due to his unruly/adamant

behavior, which will have a long-lasting adverse

effect and lifted Applicant trust from pious institution

of marriage.

17) The Applicant states that she had seen great qualities

pre-marriage and admired Respondent no 1 of what

he portrayed towards her, therefore Applicant agreed

to Respondent no 1 love proposal but to her utter

disappointment / bad fortune eventually this marriage

seems to see no day light, as cohabitation of

marriage or any reconciling seems far from truth.

18) The Applicant states that she was panic-stricken

/horrified/ frightened/at aghast with the way

Respondent had treated her after she

chose to settle in India as if she had spoiled

Respondent no 1 master plan.


14

19) The Applicant states that it is Unbearably Distressing

to see how Respondent no 1 have used Applicant

trust and manipulated her as a bait to accomplish

Respondent no 1 ulterior motive which was to extract

money from Applicant above Rs.10 lakh and establish

sexual relationship.

20) The Applicant requested and pleaded Respondent no

1 with utmost humility through the legal notice from

her advocate, to honor the marriage Vows and

promise and reinstate her legal rights as wife

,Applicant politely desired her humble plea to fulfill

her marital privilege which Respondent blatantly

denied through his reply from his advocate on

10/06/2023. Hereto Applicant legal notice to

Respondent and reply to Applicant from

Respondent through his advocate Exhibit “B”

Colly

21) The Applicant submits that the Respondent no 1 had


15

with her full knowledge had given the false excuses

and pretext therefore the Respondent no 1 succeeded

to cheat the Applicant for his wrongful gain by

causing unlawful losses to the Applicant. Hence, it is

crystal clear that the Respondent no 1 deserves to be

prosecuted for committing the offence of the cheating

and criminal breach of trust and relevant section of

The protection of women from domestic violence act

2005

22) The Applicant state that on 22/08/2023 written a

complaint to, Goregaon West Police Station for

registering compliant against the all Respondents.

Hereto annexed and marked as Exhibit “C” is the

copy of written complaint dated 22/08/2023.

23) The Applicant state that thereafter she approached

Divisional ACP of Goregaon Division on 26/08/2023,

Exhibit “D” further approached DCP ZONE XI

Borivali with same complaint on 30/08/2023, Exhibit


16

“E’ to act on her complaint and direct Goregaon

Police Station to lodge complaint against the

Respondents for cheating, demand of dowry, Sexual

Exploitation, beating, demand of dowry and

harassment of Applicant.

24) The Applicant states at one evening of __ august

2023 Respondent no 1 called Applicant to meet and

settle the matter at Inorbit mall at Malad west, wherein

Respondent threatened her for the life and asked her to

leave him and settle otherwise will face the dire

consequences and threatened for life, however

Applicant sensed some thing at miss and left the

meeting later Respondent no 1 pursued her back road

of malad west and assaulted her aggrieved by this

Applicant with her grandmother reached Goregaon

police station to narrate the incident however,

Goregaon police station cited jurisdiction issue due to

the offence beyond the jurisdiction and refused to


17

entertain the complaint.

25) The Applicant state that Applicant given written

complaint to ACP or DCP for registering the FIR

against the said Respondent but till date no any FIR

or crime register against the Respondent till the date

of filing this application. The Applicant states that

Goregaon police station official PSI Sakinal called her

at late nigh for statement multiple times, and promised

for action since then however no progress, Applicant

went to Goregaon police station many time however

police officials had paid no heed to Applicants plea.

26) The Applicant states that all the abovesaid offences

committed by the Respondent at the address of the

said marriage at Mumbai and offences occurred at

Goregaon west is within the territorial jurisdiction of

Goregaon Police Station Mumbai where the cause of

action of this case is arisen. Therefore, this Hon’ble

Court has got the ample jurisdiction to try, entertain


18

and dispose off the present Complaint.

27) The applicant states that Respondent no 1, has a good

name in export import business and often go to oman

and earns in foreign currency which estimates upto 5

lakha rupees per month, wherein applicant is working

at backoffice in private company and can barely

manage hand to mouth expense, applicant also has a

ailing old grandmother to take care off and is in huge

debt because she took loan for Respondent no 1 from

various private lenders.

28) The applicant states due to above said conduct of

respondent no 1 , she has suffered mental, physical

and fincail losses and setback, the applicant states its

Respondent no 1 duty to maintain applicant and

provide shelter, food, clothing, medication etc as per

his standard of living.

29) The applicant state that Respondent no 1 is liable to

mainatain her as per his income and standard of living


19

as applicant is legally wedded wife therefore

applicangt is entitled to claim maintenance for herself

and considering the current market and inflation , She

needs Rupees 1,00,000/- for food, clothing, and

separately rent of rupees 25,000/- and deposit of

Rupees 3,00,000/- for house.

The applicant states and prays that the Hon’ble court


may take cognizance of the complaint and pass all of the
orders deemed necessary in the circumstances of the case
and it is further prayed the Hon’ble court may pass the
following order :
1. Therefore it is prayed that:-

a. Protection orders under section 18, providing act of domestic

violence by granting and injuction against all the

Respondents from repeating any of the act against applicant.

b. Pass residence order u/s 19 the Respondent no 1 to pay rent

for the alternate accommodation or pay Rs 25,000/- monthly

and deposit of Rupees 3,00,000/-

c. Direct the respondent no 1 to pay monetary relief U/s 20 at

the rate of Rs 1,00,000/- (Rs. One Lakh Only) per month for
20

food, clothing, medicine, and other necessities for the

applicant.

d. Direct the respondent no to pay the compensation of Rupees

50,000,00/- (Rs. Fifty Lakhs Only) under section 22.

e. Pass such interim order as per prayer clause (a) (b) (c) (d).

f. Pass any orders as deems fit in the circumstances of the case.

It is therefore respectfully prayed that this Hon’ble Court be

pleased to grant the relief as above claimed therein and pass such

order as this Hon’ble court be pleased to grant the relief as above-

mentioned circumstances and facts.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN

DUTY BOUND SHALL EVER PRAY.

Advocate for the Applicant

Place

Date Applicant
21

VERIFICATION

I, Mrs Rukhsar Muzammil Shaikh nee Ms. Rukhsar Abubakar


Tanoli Age years, Occ: Residing at Mahatma Phule Nagar
Zopadpatti, Room no.60, Opp Baudha Vihar, Teen Dongri,
Goregaon (West), Maharashtra,Mumbai-400104, the Applicant, do
hereby state on solemn affirm and declare that whatever stated in
the foregoing paragraphs of this reply are true and correct to the
best of my knowledge and I believe the same to be true.

Solemnly affirmed at Mumbai )

This day of October, 2023 )

Identified by me,

APPLICANT

Before me,

Advocate for the Applicant


22
23

IN THE LEARNED METROPOLITAN MAGISTRATE


COURT______BORIVALI, MUMBAI

C.C.NO. /D.V. /2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli … Applicants

Versus

Mr. Muzammil Rafiq Shaikh, …Respondent

Affidavit under section 23 of protection of

women from domestic violence Act 2005 (43

of 2005)

I, Mrs. Mrs Rukhsar Muzammil Shaikh nee Ms.


Rukhsar Abubakar Tanoli Age years, Occ: Residing
at Mahatma Phule Nagar Zopadpatti,Room no.60,
Opp Baudha Vihar, Teen Dongri, Goregaon (West),
Maharashtra,Mumbai-400104 Mobile Number.
_______________________________ do hereby state and
declare on solemn affirmation and declare on oath as
under:

1. That I am the applicant/complainant in the


accompanying application/complaint for protection,
maintenance and injunction for myself.
24

2. That being conversant with the facts and


circumstances of the case, I am competent to swear
the affidavit.

3. That at present I am living at above said


address.

4. That the details provided in the present


Application for the grant of relief under section 12
have been entered at my instructions.

5. That the contents of the application have been


read over and explained to me in Hindi.

6. That the contents of the said application may be


read as part of this Affidavit and are not repeated
herein for the sake of brevity.

7. That I apprehend repetition of the acts of


domestic violence by the Respondents against which
relief is sought in the accompanying application.

8. That the Respondent no 1 is not giving any


maintenance to me and my daughter, inspite of
having sufficient income and means and not allowing
the applicant/complainant to reside in matrimonial
home.

9. That the reliefs claimed in the accompanying


application are urgent in as much as the applicant
would face great financial hardship and would be
forced to live under threat of repetition/escalation of
acts of domestic violence complained of in the
accompanying application by the Respondent No.1 if
the said reliefs are not granted on an ex-parte
interim basis.
25

10. That the facts mentioned herein are true and


correct to the best of my knowledge and belief and
nothing material has been concealed there from.

Advocate for the Applicant


26

IN THE LEARNED METROPOLITAN MAGISTRATE


COURT______BORIVALI, MUMBAI

C.C.NO. /D.V. /2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli … Applicants

Versus

Mr. Muzammil Rafiq Shaikh, …Respondent

INTERIM APPLICATION OF
THE UNDER SECTION 23 OF
P.W.D.V.A OF 2005,
APPLICANT/COMPLAINANT

MAY IT PLEASE YOUR WORSHIP:

I the above named Applicant most respectfully


beg to state as under:

1. I have filed the above application u/s.12 of the


Protection of Women from Domestic Violence
Act, 2005 along with affidavit u/s. 23(2) of the
Act today i.e. on __________.
2. I have more particularly described the incidents
of Domestic Violence committed by the above
named Respondent in detail in my main
27

application u/s.12 of the Act. To avoid repetition


I pray this Hon'ble Court to kindly treat the
same as part and parcel of this application and I
crave leave of this Hon'ble court to refer to and
rely upon the same.
3. I further state that as narrated by me in my
main application, it is very clear that the
Respondents have subjected me to suffer
mental, physical, emotional and financial
cruelties since beginning itself.
4. The Respondents deprived me physically,
emotionally and financially. The Respondent has
not handed over to me and for maintenance of
my daughter a single rupee for my day to day
expenditures.
5. The Respondent after committing several
incidents of Domestic Violence have not allowed
me the privilege of marriage
6. Therefore there is an urgent need for an order
to protect me from the continuous ill treatment
given by the Respondent.
7. I further state that on account of the growing
needs, I require at least Rs.100,000/- per month
towards me and my food, clothes, medicines,
daily routine expenditures, shelter, education
and conveyance etc.
8. The Respondent who is my husband and who is
capable and duty bound to make provision for
28

me for accommodation and maintenance, has


willfully avoided to do so and has made my
life miserable with the help and support of his
family members. I also require an amount of
Rs.3,00,000/- as security deposit and a sum of
Rs.25,000/- per month as rent for getting an
accommodation on rent at Mumbai.
9. That following are urgent reliefs sought by me
during hearing of the application and
accordingly I pray:

a) It be declared that the Applicant has right


to reside in the shared household
b) The Respondent be ordered and directed
to restrict and prohibit themselves and be
restrained from committing any act of domestic
violence upon the Applicant, under the provision
of Section 18(a);

c) The Respondent be restrained from


dispossessing or throwing the Applicant out
from the alternate household

e) The Respondent be directed to arrange


same level of accommodation for the Applicant
as enjoyed by her in the shared household and
in alternate the Respondent be directed to pay
29

an amount of Rs.3,00,000/- as security deposit


and also to pay Rs.25,000/- per month as rent,
as provided u/s.19(f) of the act;

f) The Respondent be ordered and directed to


return all the jewelleries, article, things, and
belongings forming part of `Stridhan’ to the
Applicant as per the list, as provided u/s.19 (8)
of the act;

g) The Respondents be ordered and directed


to pay to the Applicant Rs.100,000/- per month
for maintenance and other necessities of the
Applicant/Complainant as provided under
section 20(d);

And for this act of kindness, I the above


named Applicant shall ever pray.

Advocate for Applicant Applicant


30

IN THE LEARNED METROPOLITAN MAGISTRATE


COURT______BORIVALI, MUMBAI

C.C.NO. /D.V. /2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli … Applicants

Versus

Mr. Muzammil Rafiq Shaikh, …Respondent

MEMORANDUM OF THE ADDRESS : -

Mrs Rukhsar Muzammil Shaikh


nee Ms. Rukhsar Abubakar Tanoli
Residing at Mahatma Phule Nagar Zopadpatti,
Room no.60, Opp Baudha Vihar,
Teen Dongri, Goregaon (West),
Maharashtra,Mumbai-400104

C/o. Adv. Narayan L. Mishra


Advocate for Applicant
310 D-Imperial Heights
31

BEST Colony, Opp.


Goregaon Fire Brigade,
Goregaon West,
Mumbai -400104

Advocate for the Applicant


32

IN THE LEARNED METROPOLITAN MAGISTRATE


COURT______BORIVALI, MUMBAI

C.C.NO. /D.V. /2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli … Applicants

Versus

Mr. Muzammil Rafiq Shaikh, …Respondent

LIST OF DOCUMENTS
SR. PARTICULARS PAGE
NO. NOS.
5. Exhibit A” is the copy of Marriage
Certificate
6. Exhibit “B” Colly are the copies of
notice dated 15th July, 2023 and reply
by Respondent through advocate
10/06/2023
7. Exhibit “C” is the copy of written
complaint dated 22/08/2023 to Goregaon
police station
8. Exhibit “D” is the copy of complaint
dated 26.08.2023 to the division office
of ACP Goregaon west
5 Exhibit “E” is the copy of written
complaint dated 30/08/2023 to zone XI
DCP
6 Any other relevant documents
33

Advocate for the Applicant


34

IN THE LEARNED METROPOLITAN MAGISTRATE


COURT______BORIVALI, MUMBAI

C.C.NO. /D.V. /2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli … Applicants

Versus

Mr. Muzammil Rafiq Shaikh, …Respondent

AFFIDAVIT-IN-SUPPORT OF COMPLIANT

I, Mrs Rukhsar Muzammil Shaikh nee Ms. Rukhsar

Abubakar Tanoli Age years, Occ: Residing at Mahatma Phule

Nagar Zopadpatti, Room no.60, Opp Baudha Vihar, Teen Dongri,

Goregaon (West), Maharashtra,Mumbai-400104, the Applicant, do

hereby on solemn affirmation state & declare as under–

1. I say that I am fully conversant with the facts of the case & I

have filed this Complaint against the Respondent above

named for cheating and criminal breach of trust as prayed by

me in the Complaint. We crave leave to refer to & rely upon

the Complaint & proceedings for the purposes of this

affidavit.
35

2. I say that the facts of the case are stated in the Complaint in

detail & we adopt the Complaint as part of this affidavit in

support of the Complaint taken out by the Applicant, as if

the same is part & parcel of this affidavit.

Whatever stated is true and correct to the best of our

knowledge and belief.

Mumbai
Dated -

Advocate for the Applicant Applicant


36

VERIFICATION

I, Mrs Rukhsar Muzammil Shaikh nee Ms. Rukhsar Abubakar

Tanoli Age years, Occ: Residing at Mahatma Phule Nagar

Zopadpatti, Room no.60, Opp Baudha Vihar, Teen Dongri,

Goregaon (West), Maharashtra,Mumbai-400104, the Applicant, do

hereby state on solemn affirmation that whatever stated in above

paragraphs of the affidavit in support of notice of motion are true

& correct to the best of our knowledge & belief.

Solemnly affirmed at Mumbai )

On this ___ day of October, 2023 ) Applicant

Identified, Explained and


Interpreted by me

Before me,

Advocate for the Applicant


37

I am not a member of the Advocate Welfare Fund, therefore stamp

of Rs.2/- is not affixed herewith

Advocate
IN THE LEARNED METROPOLITAN MAGISTRATE
COURT______BORIVALI, MUMBAI

C.C.NO. /D.V. /2023

Mrs Rukhsar Muzammil Shaikh


nee Ms. Rukhsar Abubakar Tanoli
Age years, Occ:
Residing at Mahatma Phule Nagar Zopadpatti,
Room no.60, Opp Baudha Vihar,
Teen Dongri, Goregaon (West),
Maharashtra,Mumbai-400104 . Applicant
V/s

Mr. Muzammil Rafiq Shaikh,

S/o. Rafiq Shaikh

Residing at Room no-1,

Ahmed Khan House, Eksar Road,

Eksar Naitodi Gaonthan, Borivali West,

Mumbai Suburban, Maharashtra

Mumbai-400092 & othrs …


Respondent
38

VAKALATNAMA

TO,
THE REGISTRAR,
JUDICIAL MAGISTRATE, ANDHERI
MUMBAI.
I, the Applicants above named, do hereby appoint &
authorize Mr. Narayan L. Mishra Advocate, to appear, act, Plead,
for me/us in above matter.
In witness whereof I/We have set my hand to this writing.
Dated day of October, 2023
Witnesses

Accepted

Adv. Narayan L. Mishra


Advocate for Applicant Applicant
310 D-Imperial Heights
BEST Colony, Opp.
Goregaon Fire Brigade,
Goregaon West,
Mumbai -400104
39

IN THE LEARNED METROPOLITAN MAGISTRATE


COURT______BORIVALI, MUMBAI

C.C.NO. /D.V. /2023

Mrs Rukhsar Muzammil Shaikh


nee Ms. Rukhsar Abubakar Tanoli
… Applicants
Versus
Mr. Muzammil Rafiq Shaikh, & othrs …
Respondent

COMPLAINT

Dated this ___ day of October, 2023

Adv. Narayan L. Mishra


Advocate for Applicant
310 D-Imperial Heights
BEST Colony, Opp.
Goregaon Fire Brigade,
Goregaon West,
Mumbai -400104
40

IN THE LEARNED METROPOLITAN


MAGISTRATE COURT AT BORIVALI ,
MUMBAI
CRIMINAL COMPLAINT NO.
OF 2023
Mrs Rukhsar Muzammil Shaikh
nee Ms. Rukhsar Abubakar Tanoli
… Applicants
Versus
Mr. Muzammil Rafiq Shaikh, …
Respondent

AFFIDAVIT IN SUPPORT OF
COMPLAINT

Dated this ___ day of October, 2023

Adv. Narayan L. Mishra


Advocate for Applicant
310 D-Imperial Heights
BEST Colony, Opp.
Goregaon Fire Brigade,
Goregaon West,
Mumbai -400104

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