Archive for the ‘Legal Helpline’ Category

For those of you who are looking for ways to file consumer complaints against those who are negligent in their services or goods. The West Bengal government has recently launched an online complaint portal that will help them to tackle such complaints effectively.

You can now file complaints here: https://wbconsumers.gov.in/ProtectedPages/con_login.aspx

Here is more information about how to register on the site before you can file complaints. https://wbconsumers.gov.in/document/How_to_lodge_complain.pdf

Key numbers are available here: https://wbconsumers.gov.in/HtmlPages/dept_mapwise_contact.asp

Advertisements

Background of Domestic Violence Act and Live-In Relationship in India

The D.V. Act has been enacted to provide a remedy in Civil Law for protection of women from being victims of domestic violence and to prevent occurrence of domestic violence in the society. The DV Act has been enacted to provide an effective protection of the rights of women guaranteed under the Constitution, who are victims of violence of any kind occurring within the family.  The DV Act has been enacted to uphold the constitutional principles laid down in Article 15(3), reinforced vide Article 39 of the Constitution of India for protection of women in India.

Protection of women has been recommended by the Malimath Committee report and even under Section 125 CrPC, a man who marries a second wife, during the subsistence of the first wife, should not escape his liability to maintain his second wife.

The DV Act recognizes the right of a woman to live in violence free home and provides legal remedies if this right is violated. The Legal remedies pertain to civil reliefs such as injunctions, protection order, compensation, custody order and monetary relief or compensation. However, the Act does not provide for arrests made on a complaint filed except when the accused has violated a court order or continues to commit violence.

The objective of the Act is to provide civil law relief to the woman without dependence on the police to initiate action. This Act is not a criminal Act law. The Woman can file the complaint and it would be put in the Domestic Incidence Report (DIR) format which shall be sent to the Magistrate.

In Indra Sarma v V.K.V Sarma Criminal Appeal No. 2009 of 2013 (SLP No. 4895 of 2012), the Hon’ble Supreme Court held that:

“Domestic Violence is undoubtedly a human rights issue, which was not properly taken care of in this country even though the Vienna Accord 1994 and the Beijing Declaration and Platform for Action (1995) had acknowledged that domestic violence was undoubtedly a human rights issue. UN Committee on Convention on Elimination of All Forms of Discrimination Against Women in its general recommendations had also exhorted the member countries to take steps to protect women against violence of any kind, especially that occurring within the family, a phenomenon widely prevalent in India. Presently, when a woman is subjected to cruelty by husband or his relatives, it is an offence punishable under Section 498A IPC. The Civil Law, it was noticed, did not address this phenomenon in its entirety. Consequently, the Parliament, to provide more effective protection of rights of women guaranteed under the Constitution under Articles 14, 15 and 21, who are victims of violence of any kind occurring in the family, enacted the DV Act.”

Live-in relationship, as such, as already indicated, is a relationship which has not been socially accepted in India, unlike many other countries. In Lata Singh v. State of U.P. [AIR 2006 SC 2522] it was observed that a live-in relationship between two consenting adults of heterosexual sex does not amount to any offence even though it may be perceived as immoral. However, in order to provide a remedy in Civil Law for protection of women, from being victims of such relationship, and to prevent the occurrence of domestic violence in the society, first time in India, the DV Act has been enacted to cover the couple having relationship in the nature of marriage, persons related by consanguinity, marriages etc. We have few other legislations also where reliefs have been provided to woman placed in certain vulnerable situations.

To understand the nature of relationship there must be a close analysis of the entire relationship, in other words, all facets of the interpersonal relationship need to be taken into account.

The Court cannot isolate individual factors, because there may be endless scope for differences in human attitudes and activities and a variety of combinations of circumstances which may fall for consideration.

Invariably, it may be a question of fact and degree, whether a relationship between two unrelated persons of the opposite sex meets the tests judicially evolved.

Certain Provisions Guiding Domestic Violence and Live-In Relationship

Section 3 of the DV Act (the Act) deals with domestic violence and reads as under:

  1. Definition of domestic violence.- For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Explanation I.- For the purposes of this section,-

(i)  “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;

(iii) “verbal and emotional abuse” includes-

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

(iv) “economic abuse” includes-

(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;

(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and

(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

Explanation II.- For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes” domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.

Section 2(f), of the Act, deals with a relationship between two persons (of the opposite sex) who live or have lived together in a shared household when they are related by:

a) Consanguinity

b) Marriage

c) Through a relationship in the nature of marriage

d) Adoption

e) Family members living together as joint family.

“The definition clause mentions only five categories of relationships which exhausts itself since the expression “means”, has been used. When a definition clause is defined to “means” such and such, the definition is prima facie restrictive and exhaustive. Section 2(f) has not used the expression “include” so as to make the definition exhaustive. It is in that context that the meaning of the expression “a relationship in the nature of marriage” is restrictive in meaning:

“Section 2(f) of the DV Act defines “domestic relationship” to mean, inter alia, a relationship between two persons who live or have lived together at such point of time in a shared household, through a relationship in the nature of marriage. The expression a relationship in the nature of marriage” is also described as defacto relationship, marriage like relationship, cohabitation, couple relationship, meretricious relationship (now known as committed intimate relationship) etc.”

Three elements of common law marriage are (1) agreement to be married (2) living together as husband and wife, (3) holding out to the public that they are married. Sharing a common household and duty to live together form part of the “Consortium Omnis Vitae” which obliges spouses to live together, afford each other reasonable marital privileges and rights and be honest and faithful to each other. One of the most important invariable consequences of marriage is the reciprocal support and the responsibility of maintenance of the common household, jointly and severally. Marriage as an institution has great legal significance and various obligations and duties flow out of marital relationship, as per law, in the matter of inheritance of property, successionship, etc. Marriage, therefore, involves legal requirements of formality, publicity, exclusivity and all the legal consequences flow out of that relationship.

Section 5 of the Hindu Marriage Act 1955 and which reads as under:

  1. Conditions for a Hindu marriage – A marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:-

(i)  neither party has a spouse living at the time of the marriage (ii) at the time of the marriage, neither party-

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity; (iii) the bridegroom has completed the age of twenty- one years and the bride the age of eighteen years at the time of the marriage; (iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v)  the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

Section 7 of the Hindu Marriage Act deals with the Ceremonies for a Hindu marriage and reads as follows:

  1. Ceremonies for a Hindu marriage. –

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

The Hon’ble Supreme Court in Pinakin Mahipatray Rawal v. State of Gujarat (2013) 2 SCALE 198 held that marital relationship means the legally protected marital interest of one spouse to another which include marital obligation to another like companionship, living under the same roof, sexual relation and the exclusive enjoyment of them, to have children, their up-bringing, services in the home, support, affection, love, liking and so on.

Guidelines to Understand Whether Protection Should Be Granted to Women in Live-In Relationships

In D. Velusamy vs. D.Patchaimmal (2010) 10 SCC 469, The Hon’ble Supreme Court held that whether a relationship in the nature of marriage akin to a common law marriage between a male and female partner as provided under Section 2(f) of the DV Act, the following conditions must be met in addition to proof of the fact that parties had lived together in a shared household as defined in Section 2(s) of the DV Act:

  1. The couple must hold themselves out to society as being akin to spouses.
  2. They must be of legal age to marry.
  3. They must be otherwise qualified to enter into a legal marriage, including being unmarried.
  4. They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time

In a recent decision, the Hon’ble Supreme Court in Indra Sarma v V.K.V Sarma Criminal Appeal No. 2009 of 2013 (SLP No. 4895 of 2012) have suggested several guidelines (not exhaustive) which give further insight into what kind of relationships (live-in relationships) are considered by the Court to be in the nature of marriage as defined under Section 2(f) of the Act:

1) Duration of period of relationship

Section 2(f) of the DV Act has used the expression at any point of time, which means a reasonable period of time to maintain and continue a relationship which may vary from case to case, depending upon the fact situation.

(2) Shared household

The expression has been defined under Section 2(s) of the DV Act, which provides:

“shared household means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.”

(3) Pooling of Resources and Financial Arrangements Supporting each other, or any one of them, financially, sharing bank accounts, acquiring immovable properties in joint names or in the name of the woman, long term investments in business, shares in separate and joint names, so as to have a long standing relationship, may be a guiding factor.

(4) Domestic Arrangements

Entrusting the responsibility, especially on the woman to run the home, do the household activities like cleaning, cooking, maintaining or upkeeping the house, etc. is an indication of a relationship in the nature of marriage.

(5) Sexual Relationship

Marriage like relationship refers to sexual relationship, not just for pleasure, but for emotional and intimate relationship, for procreation of children, so as to give emotional support, companionship and also material affection, caring etc.

(6) Children

Having children is a strong indication of a relationship in the nature of marriage. Parties, therefore, intend to have a long standing relationship. Sharing the responsibility for bringing up and supporting them is also a strong indication.

(7) Socialization in Public

Holding out to the public and socializing with friends, relations and others, as if they are husband and wife is a strong circumstance to hold the relationship is in the nature of marriage.

(8) Intention and conduct of the parties

Common intention of parties as to what their relationship is to be and to involve, and as to their respective roles and responsibilities, primarily determines the nature of that relationship.”

Certain Women Cannot Claim Protection under Domestic Violence Act while in Live-In Relationship

If the woman enters into a live-in-relationship with the respondent knowing that he was married person, with wife and two children, then she cannot claim protection under DV Act.

If there has been alienation of affection created in the life of the respondent then the woman cannot claim protection under DV Act. If the woman has tried to alienate respondent from his family, resulting in loss of marital relationship, companionship, assistance, loss of consortium etc., so far as the legally wedded wife and children of the respondent are concerned, who resisted the relationship from the very inception then the woman cannot claim protection under DV Act. Marriage and family are social institutions of vital importance. Alienation of affection, in that context, is an intentional tort.

The law laid down by the Privy Council in Andrahennedige Dinohamy v. Wiketunge Liyanapatabendage Balshamy, AIR 1927 PC 185, that where a man and a woman are proved to have lived together as husband and wife, the law presumes that they are living together in consequence of a valid marriage will not apply when the relationship between the appellant and the respondent was not a relationship in the nature of a marriage, and the status of the appellant was that of a concubine. A concubine cannot maintain a relationship in the nature of marriage because such a relationship will not have exclusivity and will not be monogamous in character.

In Tulsa v. Durghatiya 2008 (4) SCC 520 it was held that presumption of marriage could be drawn under Section 114 of the Evidence Act. Section 114 of the Evidence Act refers to common course of natural events, human conduct and private business. The court may presume the existence of any fact which it thinks likely to have occurred. Reading the provisions of Sections 50 and 114 of the Evidence Act together, it is clear that the act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of a particular case.

Where the partners lived together for long spell as husband and wife there would be presumption in favour of wedlock. However, the presumption was rebuttable, but a heavy burden lies on the person who seeks to deprive the relationship of legal origin to prove that no marriage took place. Law leans in favour of legitimacy and frowns upon bastardy.

Though, in Gokal Chand v. Parvin Kumari AIR 1952 SC 231 the Hon’ble Supreme Court held that the continuous cohabitation of man and woman as husband and wife may raise the presumption of marriage, but the presumption which may be drawn from long cohabition is a rebuttable one and if there are circumstances which weaken and destroy that presumption, the Court cannot ignore them.

Polygamy, that is a relationship or practice of having more than one wife or husband at the same time, or a relationship by way of a bigamous marriage that is marrying someone while already married to another and/or maintaining an adulterous relationship that is having voluntary sexual intercourse between a married person who is not one’s husband or wife, cannot be said to be a relationship in the nature of marriage.

However, the Hon’ble Supreme Court in Indra Sarma v V.K.V Sarma Criminal Appeal No. 2009 of 2013 (SLP No. 4895 of 2012) held that:

“We may note, in the instant case, there is no necessity to rebut the presumption, since the appellant was aware that the respondent was a married person even before the commencement of their relationship, hence the status of the appellant is that of a concubine or a mistress, who cannot enter into relationship in the nature of a marriage. Long standing relationship as a concubine, though not a relationship in the nature of a marriage, of course, may at times, deserves protection because that woman might not be financially independent, but we are afraid that DV Act does not take care of such relationships which may perhaps call for an amendment of the definition of Section 2(f) of the DV Act, which is restrictive and exhaustive.”

Need for Reform to Extend Protection to Mistress and Concubine in Live-In Relationships

The Hon’ble Supreme Court in Indra Sarma v V.K.V Sarma Criminal Appeal No. 2009 of 2013 (SLP No. 4895 of 2012) went on to note that:

“We cannot, however, lose sight of the fact that inequities do exist in such relationships and on breaking down such relationship, the woman invariably is the sufferer. Law of Constructive Trust developed as a means of recognizing the contributions, both pecuniary and non-pecuniary, perhaps comes to their aid in such situations, which may remain as a recourse for such a woman who find herself unfairly disadvantaged. Unfortunately, there is no express statutory provision to regulate such types of live-in relationships upon termination or disruption since those relationships are not in the nature of marriage. We can also come across situations where the parties entering into live-in-relationship and due to their joint efforts or otherwise acquiring properties, rearing children, etc. and disputes may also arise when one of the parties dies intestate.”

“Such relationship, it may be noted, may endure for a long time and can result pattern of dependency and vulnerability, and increasing number of such relationships, calls for adequate and effective protection, especially to the woman and children born out of that live-in-relationship. Legislature, of course, cannot promote pre-marital sex, though, at times, such relationships are intensively personal and people may express their opinion, for and against”

“Parliament has to ponder over these issues, bring in proper legislation or make a proper amendment of the Act, so that women and the children, born out of such kinds of relationships be protected, though those types of relationship might not be a relationship in the nature of a marriage.”

“We have, on facts, found that the appellant’s status was that of a mistress, who is in distress, a survivor of a live-in relationship which is of serious concern, especially when such persons are poor and illiterate, in the event of which vulnerability is more pronounced, which is a societal reality. Children born out of such relationship also suffer most which calls for bringing in remedial measures by the Parliament, through proper legislation.”

THIS DEED OF ADOPTION made this …….day of………………..20__ BETWEEN ________________ son of ______________________ residing at _______________________________ hereinafter called the DONOR of the FIRST PART and ____________________________ wife of ____________________ residing a _____________________ hereinafter called the FIRST CONFIRMING PARTY of the SECOND PART and  ___________________ son of _________________________ residing at _____________________________ hereinafter called the DONEE of the THIRD PART and ___________________ wife of ___________________ residing at __________________ hereinafter called the SECOND CONFIRMING PARTY of the FOURTH PART;

WHEREAS

A.        The parties hereto are governed by the Mitakshara School of Hindu Law.

B.         ______________, the minor daughter/son of the DONOR and the FIRST CONFIRMING PARTY, has been living with her maternal uncle the DONEE herein and the maternal Aunt the SECOND CONFIRMING PARTY herein since the age of ____ years and the DONEE and the SECOND CONFIRMING PARTY have been maintaining and looking after the said ____ as their own daughter/son and the said ________ has been treating the DONEE and the SECOND CONFIRMING PARTY as her/his own Father and Mother respectively.

C.         The DONEE has no daughter/son or son’s daughter/son of his own and being desirous of taking the said _____ in adoption with the consent of the SECOND CONFIRMING PARTY approached the _____, his ___________ who has two daughters/sons namely ______________ and the said ____________, for the purpose of giving his daughter/son __________ aged ____ years and _____ months born of his wife, the FIRST CONFIRMING PARTY on the ________________, in  adoption unto the DONEE and the DONOR with the consent of the of the FIRST CONFIRMING PARTY agreed to the same.

 

D.        The DONEE with the consent of his wife, the SECOND CONFIRMING PARTY agreed to take the said _____ in adoption and the DONOR with the consent of his wife, the FIRST CONFIRMING PARTY agreed to give their daughter/son, the said ________________ in adoption unto the said DONEE.

E.         Pursuant to the said agreement and consent the said ____ was on the ___________________ given in adoption by the DONOR with the consent of his wife, the FIRST CONFIRMING PARTY unto the DONEE aforesaid with the consent of the SECOND CONFIRMING PARTY, the wife of the DONEE.

F.         All the religious rites and ceremonies including that of __________ with regard to the said adoption were duly performed at______________________ and physical acts of giving and taking the _______________ in adoption with intent to transfer have also been duly performed on the said __________________ at the said place in presence of the brotherhood of the DONEE’s family and since ___________________ the said _______ is known as _____________.

G.        Since the said date of adoption the ______________ ceased to be a Member of the family of the DONOR and has become the Member of the family of the DONEE and has become entitled to be as heir of the Estate of the DONEE and his wife the SECOND CONFIRMING PARTY as if she was their own natural born daughter/son and the DONEE and the SECOND CONFIRMING PARTY have been treating the said ____________ as their own natural born daughter/son.

H.        Since the said fact of adoption has not been recorded in writing it has been thought expedient to record the same as hereunder:

 

NOW THIS INDENTURE WITNESSTH that the parties hereto have agreed to the following and they do hereby declare as follows:

1.         The DONOR has capacity to give and the said DONEE has capacity to take the said ____________ in adoption.

2.         It is also declared that the said ___________ has not been given in Adoption before to anybody else.

3.         The adoptive Father i.e. the __________ is more than twenty one years older than the said adopted ______________.

4.         It is recorded that on the ________________ the DONOR with the consent of his wife the FIRST CONFIRMING PARTY hereto gave his daughter/son the said ___________ aged about ___ years and ____ months having been born on _______________ in adoption unto the DONEE with the consent of the DONEE’s wife the SECOND CONFIRMING PARTY herein.

5.         It is also recorded that all the religious rites and ceremonies with regard to the said adoption including that of _______________had been duly performed and observed in presence of the brotherhood of the DONEE’s family and the said ____________ was physically given by the DONOR and taken by  the DONEE in adoption as aforesaid at the said place at _______________.

6.         Since after the said adoption the said __________ has ceased to be a Member of the family of the DONOR and the FIRST CONFIRMING PARTY and has become a Member of the family of the DONEE and the SECOND CONFIRMING PARTY and as such the said ___________ has become entitled to all rights and obligations as their natural born daughter/son.

7.         The Adopted Child/Son/Daughter by virtue of the said Adoption has become member of the Coparcenary with his Adopted father and shall be entitled to inherit his self acquired property if indisposed of and shall be entitled to succeed to his Joint Ancestor’s property by Survivorship except that if a legitimate son/daughter is born subsequent to his adoption, the right of inheritance of succession of the adopted son shall be regulated by Rule of the Hindu Law.

8.         The Adopted Child/Son/Daughter by virtue of the said adoption shall not lay any claim hereinafter against the DONOR and the FIRST CONFIRMING PARTY for expenses incurred by him/her for the education and/or maintenance of the said adopted Son/Daughter.

 

IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands and seals the day month and year first above written.

 

SIGNED SEALED AND DELIVERED

by the DONOR abovenamed at _________ in

the presence of :

 

SIGNED SEALED AND DELIVERED

by the FIRST CONFIRMING PARTY at ___________

in the presence of :

 

SIGNED SEALED AND DELIVERED

by the DONEE abovenamed at ___________ in

the presence of :

 

SIGNED SEALED AND DELIVERED

by the SECOND CONFIRMING PARTY at _________

in the presence of :

 

Attorney_____ (#____)

___________________

___________________

 

Attorney for Petitioner

______________________________________________________________________________

 

IN THE THIRD JUDICIAL DISTRICT COURT OF _________ COUNTY

 

STATE OF ________

______________________________________________________________________________

)

IN  RE:                                                                       )

THE INTEREST OF:                                                 )           FINDINGS OF FACT AND

)           CONCLUSIONS OF LAW

________________________                       )

)

A MINOR CHILD.                           )

)

____________,                                                           )

)

Petitioner,                    )

v.                                                                     )

)

__________________________; and                        )

_________________________,                                 )

)

Respondents.              )           Case No.  __________

)           (Judge ____________)

______________________________________________________________________________

 

This matter came on regularly before the Court on petitioners’ Verified Petition for Termination of Parental Rights and for Adoption and the supporting documents filed herein.  The Court having carefully considered the pleadings and supporting documentation on file herein and the Court being fully informed in this matter makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

1.         Petitioner, __________________ is a resident of _____________, State of _________ and has resided there for approximately _______ years.

2.         Petitioner, is the grandmother of _____________________ (collectively referred to herein as “Minor Child”), and she is over the age of _____________________.

3.         The Minor Child currently lives with Petitioner and has resided with Petitioner for approximately the last _____________.

4.         Petitioner has maintained guardianship of the Minor Child during that period of time and received guardianship due to a letter being written from the Minor Child’s mother giving Petitioner custody for _____________.

5.         Petitioner never went to court to receive an official court assignment of guardianship, but rather was given guardianship on a temporary basis from the Minor Child’s mother.

6.         Petitioner has been responsible for the Minor Child’s whereabouts during the period of time Minor Child has resided with Petitioner.

7.         During past the ______ years, _________________, the Minor Child’s natural father, (hereinafter referred to as “_____________”)  visited Petitioner’s residence only once or twice,  the only time being in approximately ________ to pick child up to spend one night with the child.

8.         Since _________, __________ has not returned to Petitioner’s residence and the Minor Child has not resided anywhere else other than Petitioner’s residence.

9.         Petitioner is acquainted with _______ family members, namely __________ and she did not give any indication that _________ wanted any affiliation with the Minor Child.

10.       During past __________ years, Petitioner has not been contacted by __________ concerning physical custody or parent-time with the Minor Child.

11.       _____________ has not attempted to contact the Minor Child via mail nor telephone. Consequently, there have been no attempts to communicate by ____________ during the past _________ years.

13.       Furthermore, there has been no indication that _____________ is interested in being a parent to the Minor Child.

14.       ____________ has not provided food, clothing, shelter, education assistance, physical, mental, emotional health or development to the Minor Child.

15.       Additionally, _________ has not sent any money to Petitioner, however the last payment received from the Office of Recovery Services was _________________.

17.       No statements from ORS whether he is currently in obligations or paid.

18.       Petitioner’s intent with respect to the Minor Child is to make sure he has a good education, stability, guidance, provide financial support and to be there for him in the future.

20.       Petitioner believes _______________ rights should be terminated because ____________ has not stability or home in which he can take care of the Minor Child.

21.       ____________ has not been in contact with the Minor Child, and the only financial support Petitioner receives is through ORS which collects from __________ if he gets a job.

22.       Petitioner has provided for Minor Child for several years, which has included spending her personal money on him, purchasing his school uniforms, and participation in clarinet lessons, costs associated with being on the swim team and basketball team.

23.       Petitioner has also not received support the Minor Child’s mother, as she has been at a homeless shelter and has not worked.

24.       Petitioner has implemented plans to care for the minor child should something happen to her in the future.

25.       ________ was provided notice of the hearing by mail, in addition to his residence being served with notice of the hearing.

26.       To Petitioner’s knowledge, ________ is not working and has hardly ever worked since she has known him.

27.       The natural mother of the Minor Child is _____________ (hereinafter referred to as “__________”), and she desires to voluntarily relinquish her parental rights to the minor Child.

28.       ___________ understands that by voluntarily relinquishing her parental rights, she is waiving her right to visitation, to maintain personal guidance and care of the Minor Child, right to act on the Minor Child’s behalf is terminated, any notice regarding any proceeding the Minor Child is involved in, waive right to revoke consent or otherwise intervene in this adoption proceeding, allowing the Petitioner to adopt the Minor Child.

29.       Consequently, ______________ agrees to voluntarily to waive her parental rights.

32.       _______________ raised the Minor Child for the first _________ years of his life on her own when she encountered ____________________, which made her unable to care for him.

33.       ___________ believes it would hurt the Minor Child to remove him from the Petitioner and believes it would be in the Minor Child’s best interest to have her parental rights terminated and allow Petitioner to adopt the Minor Child.

34.       _____________ understands that by allowing Petitioner to adopt the Minor Child, she loses the right to call herself mom to the Minor Child and to demand be kept in the loop concerning information about him with regard to schooling and health related information.

34.       Additionally, ___________ understands that she will lose the right to receive any inheritance should the Minor Child die with an estate.

35.       ___________ agrees that terminating parental rights allows open the door for adoption and guardianship to continue.

CONCLUSIONS OF LAW

1.         Based on testimony presented by Petitioner, it appears that ____________ has surrendered custody and care of Minor Child, and has done so for an extended period of time.

2.         Furthermore, ______________ has not demonstrated an interest in maintaining a parental relationship with his biological child, has failed to show normal interest of natural parent without just cause, there has been no communication by mail or telephone otherwise for at least _______________, and based on testimony for a considerable period of time beyond that; further, ________________involvement with illegal substances has lead the court to the conclusion that environment would not be in Minor Child’s best interest because the lifestyle  is incompatible with providing nurturing support for child.

3.         Additionally, Petitioner testified that she has provided for the Minor Child’s care, welfare, support and provided physically for his needs. Also, Petitioner has provided for long term welfare and making arrangements to ensure minor child’s long term interests academically, socially and other settings will be protected and taken care of.

4.         The testimony is sufficient to establish that ______________ effectively abandoned the Minor Child; abdicated responsibilities as parent knowingly and apparently intentionally; Therefore, it is appropriate to terminate ________________ parental rights.

DATED this ____, day of ____________________, ______.

 

BY THE COURT:

 

___

DISTRICT COURT JUDGE

I, ____________ widow of Late _______________________, aged about ____ years, Hindu Inhabitant of _____________, do hereby make this my last Will and Testament. I hereby revoke all wills or testamentary writings made by me heretobefore and declare this to be my last Will and Testament.

I. I appoint my ________________________ (or their survivors or survivor) to be the Executors and Trustees of this my Will (hereinafter referred to as “the Executors”).

II. 1. My immediate relatives at present consist of :
(a) my _____________________;
(b) my ________________________;

2. I am the sole and absolute owner of diverse other assets and properties movable and immovable held by me including shares, bonds, deposits, jewellery, silver utensils and household goods and no one else has any shares right, title, interest, claim or demand whatsoever into or against the same. I thus have full right and absolute power and complete authority to make this my last Will and Testament in respect thereof and any other property or assets, movable and immovable which may be substituted in their place or may come into my possession in future.

3. I hereby direct the Executors that after my death they shall collect and take possession of all the aforesaid properties and assets whatsoever and wheresoever situate and they shall recover all outstanding due to me and pay out of my assets all my debts, if any, estate duty leviable in respect of the gifts made by me during my life time which may be included in my dutiable estate and the assets and other taxes and testamentary expenses and to deal with my residuary estate in the manner hereinafter directed.

4. I declare that the amounts covered by the insurances policies on my life which have already been assigned or in respect of which nominations have already been made by me earlier shall belong to the assignee/nominee absolutely.

5. I hereby give bequeath and devise –

a) The ownership ____________ along with the share certificate and _____________in the building known as _______________________and open plot of land and a building situated __________________ to _____________________ and the girl whom my grandson ______________________ shall marry before the day of my death to hold the same jointly in equal shares. In case if the said ___________________________is not married on the day of my death then I give bequeath and devise the aforesaid properties to my grandson
___________________ to hold the same jointly with ___________________ in equal shares.

b) 1/2 (one-half) of ____________________________to the girl _______________________________.

c) The balance 1/2 (one-half) ___________________________to the ____________________.

6. I hereby direct the executors to give such amount as they may in their absolute discretion deem fit to each of my _________________________________.

7. The entire residue of my estate shall be divided into _____________ equal parts and I hereby give bequeath and devise –

a) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part IV of this Will and the Schedule hereunder written.

b) One such part to be held in trust in accordance with and subject to the provisions contained in Part V of this Will and the Schedule hereunder written.

c) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part VI of this Will and the Schedule hereunder written.

d) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part VII of this Will and the Schedule hereunder written.

e) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part VIII of this will and the Schedule hereunder written.

III.

1. In the event of any of the Executors dying or desiring to retire or refusing or becoming incapable to act or becoming insolvent the surviving or continuing Executors (or the Executor or Administrator of the last surviving executor) may appoint a new Executor in place of the Executor so desiring to retire or refusing or

2. The Executors shall have all such rights, powers and authorities as are conferred on the trustees of the trusts and are set out in the Schedule hereunder written and are relevant for the purpose of the management and administration of my estate.

3. Income if any, left after meeting the expenses of the management and administration of my estate and taxes and other accretions taking place during the period of administration shall be treated as part of my estate and dealt with accordingly.

4. For the purpose of apportionment or division of the residue of my estate into the five aforesaid equal parts, the Executors may assign much values on the assets comprised therein as they may in their absolute discretion consider appropriate and no one shall have any right to question the values assigned by them.

IV. The assets given by me under Part II(7)(a) shall be held in trust in accordance with the following provisions :-

i) My ____________________shall be the first trustees of the trust (and the expression ‘trustees’ shall wherever the context so admits or requires be deemed to include the said trustees and the survivors or survivor of them and the heirs, executors and administrators of such survivor, their or his or her assigns) and the trustees or trustee for the time being shall have the right to appoint one or more other trustees or trustee in addition to or in place of themselves.

ii) Until the vesting day, the trustees shall stand possessed of the assets in accordance with the provision of Part II(7)(a) above (and which assets may be added or substituted in the execution of this trust are herein designated as “the trust fund”) upon trust to receive the annual or other income thereof and there out in the first place they shall reimburse or pay and discharge all the costs and expenses incurred in or about the administration of the trust fund including taxes and duties of all types and subject thereto the trustees shall pay, divide or apply the whole or such part as they in their absolute discretion think fit of the residue of such annual or other income to or between the benefit of ______________________ as is or are persons or person in existence at the time of my death in such proportions as the trustees may from time to time in their absolute discretion appoint (i.e. specify or determine) to the entire exclusion of one or the other of them and in such manner as they may in their absolute discretion think fit. Provided that during the period of eighteen years from the day of my death the trustees may in their absolute discretion accumulate the whole or such part as they in their absolute discretion think fit of the residue of such annual or other income and all such accumulations shall fall into be treated as and form part of the original trust fund. The trustees may in their absolute discretion also have recourse to and utilize the corpus of the trust fund or any portion thereof at any time and from time to time to provide any benefit to any of the aforesaid beneficiaries.

iii) Upon the vesting day, the trustees shall hand over the entire trust fund to all or any one or more of the beneficiaries to the exclusion of other or others of them as they may in this absolute discretion think fit and in such rates as they may in their absolute discretion think fit.

iv) The expression “Vesting Day” shall in this Part II(7)(a) means :

a) the day of which eighteen years shall have expired from the day of my death; or

b) the day of death of the survivor of _______________________ whichever is earlier; or

c) such earlier day than either of the dates mentioned in (a) or (b) above as the trustees for the time being may by unanimous decision in writing fix.

v) Detailed provisions for the operation and management of the trust and other matters are set out in the Schedule hereunder written and they shall have the same force and effect as if they had been inserted here.

vi) This trust shall be named _____________________.

THE SCHEDULE ABOVE REFERRED TO
The trusts referred to above shall function and be managed in accordance with the following provisions :-

i) All acts in carrying out the provisions of the trust if done and carried out by a majority of the respective trustees for the time being shall be as valid and effectual as if such acts has been done by all the trustees,

ii) A trustees may resign office as trustees by giving notice in writing to his or her co-trustees.

iii) Without prejudice to the generally of their powers the trustees shall have power;

a) to comply clerks and other employees, agents, brokers delegates, bankers, lawyers, accountants, advisers and others and at such remuneration as they may think fit;

b) to delegate any powers to one or more of their body;

c) to appoint any one from amongst them as a managing trustee;

d) to delegate any powers as they can lawfully delegate to any person and to execute such power of attorney as they think fit for the purposes;

e) to withdraw any power to revoke any appointment of any employee or attorneys;

f) to let any portion of any immovable property forming part of the trust fund at such period and on such terms and conditions as they may think fit and to accept surrender of any lease;

g) to maintain banking accounts and bank lockers in the name of the trusts or in the name of such one or more of the trustees as they may think fit and to make the account operable by such one or more of them as they may think fit;

h) to determine who shall be the first named as regards investments in shares, stocks, debentures and other securities and investments;

i) to appoint proxy or proxies for voting any meeting of creditors, contributories, shareholders or others;

j) to allow any investments to stand in the name of any bank;

k) to become member of any body of persons including co-operative societies and companies on behalf of and for the benefit of the trusts;

l) to carry on any business on behalf of or for the benefit of the trusts either as sole proprietor thereof or in partnership with any other person or persons;

m) to borrow money for ay of the purpose of the trust in the security of any of the assets belonging to the trust or without security;

n) to enter into carry out and do any agreement, agreements, dealing, dispositions, works, acts and things whatsoever which the trustees in their absolute discretion may of any reason consider advisable in the interest of their respective trust funds or any part or parts thereof or of any person or persons being an object of objects of the trusts; and

o) to allot appropriate partition or apportion any property amongst the beneficiaries entitled thereto on the dissolution or winding up of a trust in satisfaction of any share or interest in a trust fund in such manner as the trustees shall in their absolute discretion consider just according to the respective rights of the persons interested.

2. The trustees of each of the trusts shall have all the powers of investments, mortgage, leasing, dealing and disposition (and all other powers) of an absolute beneficial owner of the
respective trust fund and they may retain the assets forming part of the respective trust fund in their actual state of investment or condition or they may in their direction vary or transpose the mode of investment of the assets or ay one or all of them and they shall invest the sale proceeds thereof and any other moneys which shall require investment in any one or more of the investments as they may think fit without being obliged or invests the same in the investments authorised by law for the investment of the trust fund.

And in particular without prejudice to the generally of the foregoing power, the trustees may invest any money requiring investment.

i) In the acquisition or purchase of any immovable property situated in India or elsewhere and for the development thereof the trustees may borrow money at such interest as they may think fit for the purpose and without security or on the security of the trust or any property forming part of the trust fund.

ii) In making loans to or deposits with any person, firm or company or corporation;

iii) Upon the security of any immovable or movable property.

iv) In any business which may be carried on by the trustees as such trustees for and on behalf of the trusts her by established or in partnership with any other person or persons and the trustees may borrow money for the purpose of such business as in the proceeding clause (i).

v) In the purchase of any movable property.

vi) In such investments of whatsoever nature and wheresoever situate and whether involving liability or not or upon such personal credit with or without security as the trustees shall in their absolute discretion think fit.

3. The trustees are hereby expressly authorised to accept gifts or money and/or property (movable and immovable) for the benefit of the respective trust from any person or persons and any such gifts shall be held by the trustees as an accretion to an augmentation of the respective trust fund and the money or other property received by way of such gift and the future income thereof shall be held on the like trust in all aspects as are herein contained and are
applicable to the trust fund and the income of the respective trust fund shall be subject to the same trusts, powers and provisions as are herein contained in these presents and applicable thereof as if such money or property had formed part of the respective original trust fund.

4. The trustees may permit any beneficiary of a trust to occupy, use or enjoy personally and movable or immovable property which may for the time being be comprised in a trust fund upon any terms and conditions whatever which the trustees may think fit but such permission shall in each case be revocable at any time by and at the absolute discretion of the trustees of the respective trusts.

5. The receipt of the trustees for the purchase moneys of any property hereby authorised to be sold or for any other moneys paid or for any shares, sticks, funds or securities transferred to them shall effectually discharge the person or persons having or transferring the same therefrom and being bound to see to be application or being answerable for the loss or misapplication thereof.

6.(a) No trustees purporting to act in the execution of the trusts shall be liable for any loss not attributable to his own dis-honesty or to the willful commission or omission by him of
any act unless such commission or omission is known to him to constitute a breach of trust.

b) Any trustee or trustees in good faith paying over any moneys under the trusts to him or their co-trustees or doing any act facilities the receipt thereof for the purpose of the trust shall not be answerable for the loss or misapplication or non-application thereof.

7. It shall be lawful for the trustees for the timing being to reimburse themselves or himself or pay and discharge out of the trust properties all costs, charges and expenses incurred in carrying out the respective trusts or in or about the execution of the respective trusts.

8. The trustees or trustees may deposit all securities or the investments for the time being representing the trust fund with any bank for safe custody and for collection of the interest and dividends of the said securities or investments and may open current accounts in their or his names or name with the same or any other bank.

IN WITNESS WHEREOF, I _____________________ have hereunto set hands the …………day of ______________ at ________________.
(Explained in vernacular language before execution)

(Left hand thumb impression of _____________)

Signed by the above named Testator __________________ as her last Will after the same had first been translated in _________________ and read over to her in our presence and had appeared to be perfectly understood and approved by her in the presence of us both present at the same time in her presence and in presence of each other have hereunto subscribed our names as witnesses:

1.
2.

IN THE COURT OF DISTRICT JUDGE,

______________, ____

 

 

IN THE MATTER OF:

 

IN THE MATTER OF:

1.       ________________

W/O SHRI _______________

D/O _________________

R/O ___________________

______________                         ..COMPLAINANT/PETITIONER

 

 

VERSUS

 

 

  1. SHRI ____________

S/O _________________

R/O _______________

 

  1. SHRI _______________

S/o late Shri ___________

R/o __________________

 

  1. SMT ______________________

W/o SHRI _____________

R/o ________________________

..ACCUSED/RESPONDENT

 

 

                                       P.S. _____________

 

 

 

APPLICATION UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 (43 of 2005)

 

 

 

MOST RESPECTFULLY SHOWETH:

 

 

1. That the present application is being filed by the Complainant herein under Sections 12, 18 (d), (e) and (f), 19 (f), 20(i) b) and (d), 22 and 23 of the Protection of Women from Domestic Violence Act, 2005.

 

2. The numerous incidents of physical abuse, verbal abuse, emotional abuse, economic abuse committed by the Respondent on the Complainant are as described hereunder:

 

a)     Marriage was solemnized between the Complainant and the Respondent No. 1 on ___________ at _____________________ according to Hindu Rites and ceremonies. Ever since, i.e. for the last ___ years, the Complainant has been suffering physical and mental abuse, pain, helplessness, unhappiness and anger on account of the Respondent No. 1 and his family. Eventually, being unable to bear with the trauma and agony, the Complainant fearing for her life, being destitute without any money and stridhan has been constrained to file the present complaint.

 

b)     The Complainant had an arranged marriage with the Respondent No. 1. The parties come from very different backgrounds. The Complainant belongs to a closely knit family with a lot of family values and culture. On the other hand, the Respondent No. 1 belongs to a business family which is driven only by money and materialistic gains.

 

c)     The Complainant and her parents at the time of marriage were made to believe that the Respondents were a very well to do family. Believing the Respondent No.1’s family, marriage was arranged between the parties. A lavish wedding was held at ________________ by the Complainant’s parents and all the demands of the Respondent No.1’s family as regards jewelry, household items, and other items for them as well as the relatives of the Respondent No.1 were met by the Complainant’s parents. However, the mother in law of the Complainant was not happy with the jewelry, household items, and other items and would constantly taunt and insult her and her parents for not getting the jewelry, household items, and items as per their standards and name in the society. The Complainant communicated her inhibitions about the Respondent’s family and in particular his mother to the Respondent No.1. However the Respondent No.1 never assured the Complainant that he would try to speak to his mother or reconcile the differences between the Complainant and his mother.

 

d)     Soon after the marriage the Complainant realized that the Respondent No.1 was very aggressive, angry and wanted to control the Complainant in every respect. The Complainant was not given any space or freedom to do anything in the house and was specifically told that she can’t do a job, which the Complainant found very difficult to deal with but owing to the values given to her by her parents, she always made every effort to deal with the miserable situation and keep quiet for the peace of mind of her parents. The Complainant having no choice gave herself totally to the Respondent No.1 and his family and molded herself according to their ways, which was very different from her side of the family.

 

e)     After the first year of marriage itself, the Respondent No.2, mother-in-law forced the Complainant to do all the household work without any support from her mother-in-law. It would be pertinent to point out that Respondent No.1 was doing extremely well and was earning well. He was running a business but he was always reluctant to provide any financial support to the Complainant despite being financially very well off.

 

f)      The Complainant lived in a joint family. The Complainant’s in-laws made the Complainant do the entire household work. Respondent No. 1 and 2 made her ____________________________. The Complainant was forced to work even at the time of her pregnancy and the Respondent No.1 never bothered to care about the health or the state of the Complainant. He spent no time with her.  The nine months were lonely and sorrowful. So much so that when the Complainant delivered her son _____, her mother in law was not happy as she wanted to get rid of the Complainant. She voiced this to the Complainant and made the Complainant feel that the child was unwanted and unwelcome into the family.

 

g)     The Complainant on many occasions would cry after getting into bed because no one could understand the physical and mental pain she was being put through by the Respondent No.1. The Respondent No.1 never had time to listen and would only fight and argue when the Complainant tried to plead and talk to him. The Respondent would in his fits of rage physically and mentally abuse the Complainant on several occasions. The Complainant continued to tolerate this for the sake of her small child.

 

h)     The Complainant always made efforts to please the Respondent No. 1 and his family. They all tolerated the Complainant as long as the Complainant played puppet in their hands, did what they wanted and lived how they wanted her to live. The Complainant did everything possible to make her marriage work and in the manner the Respondent No.1 and his family wanted. However, the Respondent No.1 was not caring towards the Complainant and never appreciated the efforts made by the Complainant to keep him and his family happy.

 

 

i)       The Complainant lived in a joint house for 5 years after her marriage and her life was miserable due to the aggressive, indifferent, angry behavior of the Respondents and continuous insults, taunting, very cold and indifferent attitude of her in laws. The Complainant was always taunted by her in laws on the ground that her parents never gave them enough during the marriage and on other festivals and functions. The Complainant’s parents tried to keep them happy in every way at every occasion by gifting Complainant’s in-laws with expensive gifts or cash but they were never satisfied.

 

j)       On or about ________________ the Complainant was beaten up by her in–laws and at that time she was pregnant with her first Child, the Complainant was even thrown out of her in-laws House. The Complainant called up her father who came and took the Complainant to their house. The Complainant stayed at her parents house for one and a half month and in between the Respondent No 1 or his family members did not bother to call or reconcile with the Complainant. After a lot of persuasion by the father of the Complainant the respondent finally agreed to take the Complainant in to their house.

 

k)     The Complainant states that the Respondent No.1 had a grave drinking problem and as a result, he drank alcohol very heavily. He had no control over his drinking. The Respondent No.1 would get drunk, get loud and abusive in the dirtiest of abuses, throw up, pass out, get violent, spit on the Complainant and make life hell for the Complainant. The Respondent No.1 never bothered about their son and would become abusive physically and become totally uncontrollable in front of their child. The Complainant’s requests and pleadings to drink within limits were met with angry and violent physical backlash and opposition from the Respondent No.1.  The Respondent No.1 treated the Complainant with extreme cruelty.

 

l)       The Complainant states that when the Respondent gets into a rage he completely loses his control, is abusive and violent and becomes like a demon, and till today he continues with this behavior. After ____________, there was no control over this and it became a regular feature with the Respondent No.1 to become physically abusive and violent and even abuse the Complainant in front of the minor son and in public. The Complainant got no help or support from her parents in law i.e. Respondent No.2 & 3 and on the contrary, they encouraged and sided with the Respondent No.1 and wanted the Complainant to cooperate with this animal behavior and live with it without complaining or talking about it to her family. The Respondent No.1’s parents discouraged her from telling her parents about these incidents by saying that this would further annoy the Respondent No.1 and disturb the peace of the family. The Respondent No.1’s parents kept on repeating every other day and the Complainant did not know who to turn to for support and help as her in laws felt the Respondent’s No. 1’s behavior was normal and took the mental and physical abuse very lightly and did not bother to speak to the Respondent No.1 to change his behavior towards the Complainant.

 

m)   The Complainant was constantly living in fear of her life as the Respondent is strong physically and has a bad temper, was aggressive, loud and completely unpredictable in his reaction to the situation. The Respondent No.1 would openly threaten the Complainant that he would physically harm her in such a manner that she would repent her whole life. The Complainant did not want to trouble her parents. The Complainant could not share her grief with anyone and continued to give in to the Respondent No.1’s demands in the hope that things would get better and peace would come to the family.

 

 

n)     The Respondent No.1 not only picked up fights and quarrels with the Complainant but also fought with the Complainant’s father brother and family publicly, which brought huge embarrassment, shame and agony to the Complainants. The Complainant’s plea to the Respondent No.1, to not fight with the Complainant’s family was of no avail. The Respondent No.1’s unreasonable and abnormal behavior continued to increase with the passage of time and he started to threaten her for life by saying would slash her throat while she was sleeping.

 

  • o)     The relationship between the parties became more estranged. The Respondent No.1 continued with his assault, physical, emotional abuse and they were like strangers living under the same roof. Things have become so bad that the Complainant had to call her father on several occasions to control the situation and prevent further physical abuse at the hands of the respondent No.1 in presence of Respondent No.2 & 3.

p)     That Complainant had in the span of ___ years of marriage got ___ abortions done. The Respondent use to come drunk to the house late at night and would by force without the wish of the Complainant get physical with the Complainant, resulting into making the Complainant pregnant and then without even consulting the Complainant by force get the said abortions done.

q)      That on or about _____ the Respondent again got physical with the Complainant resulting in her again getting pregnant and when the Respondent went for another abortion the doctor refused for the said abortion as the body of the Complainant was not in the state to take up one more abortion hence on advise of the doctor the Complainant requested the Respondent not to abort the second Child.

r)      That on ________ when the Complainant was three- four month pregnant the respondent No 1 along with his family members fought with the Complainant and even beat him up, the Complainant in fear called up her father at ______ in the night and the father of the Complainant came and took the Complainant back with her to his house. The Complainant even filed a case in the C W Cell against the respondent but had to withdraw the same as she was pregnant and she was advised rest.

s)      That on _________ the Complainant left the house of the Respondent and till ___________ no one from the side of the respondent came to meet the Complainant or even gave a call to ask about her health as she was pregnant. That during this period the Complainant gave birth to the second Son _____________. But still the Respondent No1 or his family member did not come to see the child and it was finally on _____________ that after one more round of talks between the father of the Complainant and the Respondent No. 1 that the Respondent No. 1 agreed to take the Complainant into the house of the Respondents.

t)       That after _________ when the Complainant came back to the house of the respondent the Drinking habits of the Respondent No 1 increased, the Respondent No 1 use to come drunk late at night and use to even drink in the room. The physical torture of the Respondent No 1 increased with passage of time.

u)     The Complainant could not tolerate the torture, cruelty and behavior of the Respondents any more. The Respondents made no efforts to check upon the Complainant or her son throughout this period who was under such a mental stress and trauma at such a tender age.

v)     On the contrary the Respondent No.1 and Respondent No.2 on a daily basis shout and hurl verbal abuses to the Complainant and her family.

w)   On ___________the Respondents again abused the Complainant and finally, fed up with all this the Complainant on ___________________ left the house of the Respondents and till date has been staying with her parents. The Complainant felt too scared and confused and even more helpless while she was at her in-laws house.

x)     The respondent No.1 and his family has taken all the valuable belonging of the Complainant. The details of which were filled before the CW Cell and the same are Annexed as Annexure ___.

y)     That the Complainant submits that the expenses of the Complainant and the sons is as follows:-

(i)                   School Fees of Son: Rs     ,000/- per month

(ii)                  Household expenses like food, clothing, cleaning etc.: Rs   ,000/- per month

(iii)                Transportation Expenses: Rs     ,000/- per month

(iv)                 Personal and medical expenses of the Complainant and her sons: Rs   ,000/- per month

The Complainant as such requires Rs  ,000/- per month to support herself and her children.

z)     The respondent No.1 is earning handsomely. The exact figures are not known to the Complainant. With the view to avoid paying maintenance and supporting the Complainant and children he is making excuses that he is not working anywhere.

aa) In ___ years, the Complainant has selflessly given in this relationship emotionally, physically, mentally, monetarily and demanded nothing but self-respect, support and love which she was deprived off. The Respondent has provided the Complainant with no financial security. The Complainant’s entire jewellery was in possession of the Respondent No.1 and his family which the Respondent No.1 and his family has refused to hand back. The Complainant has no Fixed Deposit or property in her name. This has further added to the Complainant’s insecurities, depression and frustrations.

 

bb)The Complainant today is left with no self-respect, no self-esteem, no confidence, no money and everything has been taken away from her. The Complainant is mentally and emotionally shattered today. The Complainant is unable to look after her child as such she has no choice but to fall on her parents for financial support. The provision for the basics needs like food, clothing, education is being provided from the money being given by the Complainant’s father and brother.

 

cc) The Complainant has suffered immense pain and hurt from the Respondents. The Complainant has not slept one night in peace for as long as she can remember. The Complainant is mentally, physically and emotionally scarred/drained and she is unable to carry on anymore like this.

dd)It is submitted that the Respondent No.1 is having sufficient means but despite that is neglecting and refusing to maintain the Complainant and the minor sons. Complainant is unable to maintain herself or her sons. The addresses of the sisters of the Respondent No 1 are not known to the Complainant and the Respondent No. 1 may be directed to provide the same so that they can be made a party to this petition.

ee) It is prayed that the Hon’ble Court may take cognizance of the Domestic Incident and pass the following orders, as deemed necessary in the circumstances of the present case.

 

(i)   Protection Order under Section 18

 

 

Prohibiting acts of domestic violence by granting an injunction against the Respondents from:

(ii)  Monetary reliefs under Section 20

 

 

(A)        Rs.    0,000/- per month towards maintenance for herself and her children

 

(B) Rs.   0,000/- towards litigation expenses

 

 

(iii)  Compensation order under Section 22

 

 

(a)  Direct the Respondent to pay and amount of Rs. ____ lakhs towards compensation for damages under the Protection of Women from Domestic Violence Act 2005.

 

 

 

 

(iv).  Interim Relief under Section 23

 

 

a)                                         In the light of the above mentioned facts and circumstances of the case and the fact that the Complainant is completely without the basic necessities of food, maintenance and shelter and has no means to survive and hence an exparte ad interim order for grant of maintenance of Rs.    0,000/- be granted in favour of the Complainant.

 

b)                                          The Complainant all through out her married life has been treated by the Respondents with utmost cruelty both mental and physical, and has a prime facie case in her favour. It is further stated that the Respondenst have committed numerous acts of domestic violence and is entitled to protection under the present act from the respondent by the police otherwise grave prejudice and harm would be caused to the Complainant and her minor daughter

 

v).  Details of previous litigation, if any

 

 

 

a)    A Complaint filed by Complainant before the C W Cell on which an FIR has been registered. Copy of which is annexed as Annexure____.

b)    An application filed by Complainant under Section 125 of CrPC for maintenance. Copy of the same is annexed herewith as Annexure _____.

 

vi). The Complainant is residing within the local limit of jurisdiction of this Hon’ble Court and hence, this Hon’ble Court has the jurisdiction to entertain the present petition.

 

PRAYER:

 

It is most respectfully prayed that this Hon’ble Court may be pleased to :-

(b)           Pass all such orders or any of the order as deem fit and proper under section 18, 20, 22 & 23 of the Protection of Women from Domestic Violence Act, 2005.

 

(c)            Hon’ble Court may please to direct the Respondent to pay and amount of Rs. _________ lakhs towards compensation for damage u/s 22 of the Protection of Women from Domestic Violence Act 2005.

 

(d)           pass an exparte ad interim order under Section 23 as mentioned in Para 4 of the application.

 

(e)            Pass such other Order (s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

 

COMPLAINANT

Through

____________

VERIFICATION:-

Verified at Delhi on          this day of          , __________  that the contents of the complaint are true and correct to the Complainant’s knowledge and belief to be true on the basis of legal advice received by the Complainant and the last Para is the prayer clause of the Complainant.

COMPLAINANT

 

 

MEMORANDUM OF UNDERSTANDING

 

This MEMORANDUM OF UNDERSTANDING   made    this       _______      day   of   _______      between

 

_____________________________________, son of_______________________, aged _____________about_____years residing at_______________________, hereinafter refereed to as the “First Party”

 

                                               AND

 

MS ______________, wife of _______________________, daughter of ________________, aged about ______ years, residing at_______________________________________________, hereinafter refereed to as the “Second Party”.

 

 

          PARTIES HERETO AGREES as follows:

  1. In consideration of the dissolution of marriage arrived at between the parties hereto with consent and acknowledgment of their respective families, the First party shall pay a sum of Rs __________/-(Rupees _____ Only) by way of Pay orders No. _______ dated _______ drawn on _____ Bank for Rs._________/-(Rupees _______ only) & by way of Cheque No. _____ dated ______ drawn on _____ Bank for Rs._________/-(Rupees ______ only) in full and final settlement of the claims and/or the demands whatsoever or howsoever.

 

  1. The First party has received from Second Party and Second Party has also received from the First Party all the ornaments, jewelry, valuable articles received from each other at the time of marriage and thereafter.

 

  1. The Second Party shall duly issue receipt and acknowledge the payment made by First party in full and final settlement towards dissolution of the marriage tie.

 

  1. In consideration of the Agreement, payment and covenant for the dissolution of the marriage as aforesaid, both the parties hereto covenant and undertake to file appropriate applications, petitions, jointly and/or severally as the situation may so require before the appropriate Court or Courts of Law for dissolution of marriage/divorce of the parties on the ground of mutual consent.

 

  1. The Parties hereto covenants to withdraw all the proceedings, Claims, demands, allegations, complaints whatsoever filed before any authority or authorities or Court of Law or legal Forum.

 

  1. The parties hereto futher covenants not to claim or make any demand henceforth against each other whatsoever.

 

  1. The petition drawn up and executed for mutual divorce will be filed by the parties forthwith.

 

IN WITNESS WHEREOF, the parties hereto have set and subscribed their respective hands on the day, month and year first above written.

 

 

 

SIGNED SEALED AND DELIVERED by the “FIRST PARTY” at ________ in presence of:

                                                                                                                                                                                      _____________________________

                                                                                        ()

1.               

 

 

 

2.

 

 

 

 

SIGNED SEALED AND DELIVERED

By the “SECOND PARTY”, at ________ in

the presence of :

 

______________________________

1.

 

 

 

 

 

 

 

 

2.

 

 

 

RECEIPT

 

 

Received of and from the FIRST PARTY

within named by the SECOND PARTY

within named a sum of Rs ___________

(Rupees ___________ only) as per memo below:                                                                                                                                  Rs___________/-

 

 

 

MEMO OF CONSIDERATION

 

By Pay Order No.______ dated __________                       Rs ________ /-

drawn on ____Bank

 

By Cheque No. 207113 dated _________

drawn on ______ Bank                                                   Rs __________/-

 

______________

Rs ____________/-

_______________

 

 

WITNESSES:

 

1.

 

 

 

 

 

 

2.

 

 

_________________________________________________

Dated ………………..Day of ………….., ………….

_________________________________________________

 

 

 

BETWEEN

 

 

                                                       

                                                        ……FIRST PARTY

 

 

                                        -AND-

 

 

                             

                                                       

                                                        ……SECOND PARTY

 

 

          ——————————————————-

          MEMORANDUM OF UNDERSTANDING

———————————————————-

 

___________, Advocate