IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI

COURTS, DELHI

Case No. of 2023

IN THE MATTER OF:-

Ramandeep Kaur Oberoi …… Petitioner/

Aggrieved Person

VERSUS

1. Harsh Oberoi

2. Sh. Inder Oberoi

3. Sh. Karan Oberoi

4. Ruchi Oberoi …… Respondents

P.S.: Rajouri Garden

INDEX

S. No. PARTICULARS PAGES

1. Application under Section 12 of the Protection of

Women from Domestic Violence Act, 2005 read with
 Sections 18, 19, 20 and 22 along with affidavit in
support of the application.

2. Application under Section 23(2) of the Protection of

Women from Domestic Violence Act, 2005 along with
Affidavit.

3. List of documents and documents

4. Vakalatnama

Date:-

Place: New Delhi

Petitioner/ Aggrieved Person

Through

DR. SWATI JINDAL GARG

ADVOCATE

60/4, IST FLOOR,

YUSUF SARAI,

INDIAN OIL COMPLEX,

DELHI-110016

MOB. 9911232024
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI
COURTS, DELHI

CASE No. OF 2023

IN THE MATTER OF:-

RAMANDEEP KAUR OBEROI …… PETITIONER/

AGGRIEVED PERSON

VERSUS

1. HARSH OBEROI

2. SH. INDER OBEROI

3. SH. KARAN OBEROI

4. RUCHI OBEROI …… Respondents

P.S.: Rajouri Garden

MEMO OF PARTIES

IN THE MATTER OF:-

RAMANDEEP KAUR OBEROI

W/O HARSH OBEROI
D/O DR. HARMINDER SINGH
OBEROI
R/O J-8/121, FIRST FLOOR,
RAJOURI GARDEN, NEW DELHI-
110027 …. PETITIONER/

AGGRIEVED PERSON

VERSUS

1. HARSH OBEROI
S/O SH. INDER OBEROI
R/O HUDA PLOT NO. 44,
SECTOR 56,
DEVENDER VIHAR, GURUGRAM,
HARYANA- 122011 …. RESPONDENT NO. 1

2. SH. INDER OBEROI

S/O LATE SURJIT SINGH OBEROI
R/O HUDA PLOT NO. 44,
SECTOR 56, DEVENDER VIHAR,
GURUGRAM, HARYANA- 122011 …. RESPONDENT NO. 2

3. SH. KARAN OBEROI

S/O INDER OBEROI
R/O HUDA PLOT NO. 44,
SECTOR 56, DEVENDER VIHAR,
GURUGRAM, HARYANA-122011 …. RESPONDENT NO. 3

4. RUCHI OBEROI
W/O SH. INDER OBEROI
D/O LATE VIJAY KUMAR SHARMA
R/O HUDA PLOT NO. 44,
SECTOR 56, DEVENDER VIHAR,
GURUGRAM, HARYANA- 122011 …. RESPONDENT NO. 4

P.S.: Rajouri Garden

Date:-

Place: New Delhi

Through

DR. SWATI JINDAL GARG

ADVOCATE

60/4, IST FLOOR,

YUSUF SARAI,

INDIAN OIL COMPLEX,

DELHI-110016

MOB. 9911232024
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI
COURTS, DELHI

CASE No. OF 2023

IN THE MATTER OF:-

RAMANDEEP KAUR OBEROI

W/O HARSH OBEROI
D/O DR. HARMINDER SINGH
OBEROI
R/O J-8/121, FIRST FLOOR,
RAJOURI GARDEN, NEW DELHI-
110027 …. PETITIONER/

AGGRIEVED PERSON

VERSUS

1. HARSH OBEROI
S/O SH. INDER OBEROI
R/O HUDA PLOT NO. 44,
SECTOR 56,
DEVENDER VIHAR, GURUGRAM,
HARYANA- 122011 …. RESPONDENT NO. 1

2. SH. INDER OBEROI

S/O LATE SURJIT SINGH OBEROI
R/O HUDA PLOT NO. 44,
SECTOR 56, DEVENDER VIHAR, …. RESPONDENT NO. 2
 GURUGRAM, HARYANA- 122011

3. SH. KARAN OBEROI

S/O INDER OBEROI
R/O HUDA PLOT NO. 44,
SECTOR 56, DEVENDER VIHAR,
GURUGRAM, HARYANA-122011 …. RESPONDENT NO. 3

4. RUCHI OBEROI
W/O SH. INDER OBEROI
D/O LATE VIJAY KUMAR
SHARMA
R/O HUDA PLOT NO. 44,
SECTOR 56, DEVENDER VIHAR,
GURUGRAM, HARYANA- 122011 …. RESPONDENT NO. 4

P.S.: Rajouri Garden

APPLICATION UNDER SECTION 12 READ WITH SECTIONS 18, 19, 20 AND

22 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,
2005 (43 OF 2005)

MOST RESPECTFULLY SHOWETH:-

1. This application under Section 12 of the Protection of Women from

Domestic Violence Act, 2005 is being filed by the aggrieved person
details of whom are given below:-

a. Aggrieved person Mrs. Ramandeep Kaur Oberoi

 b. Protection Officer -N.A-

c. Any other person on behalf -N.A-

of the aggrieved person.

2. It is prayed that the Hon’ble court may take cognisance of the

Complaint/Domestic Incident Report and pass all/any of the orders, as
deemed necessary in the circumstances of the case: -

a. Pass protection orders Yes

under section 18 and/or

b. Pass residence orders under Yes u/s 19(1)(f)

section 19 and/or

c. Direct the respondent to pay Yes

monetary relief to the
Complainant under Section 20
and/or
d. Pass orders under section 21 No
of the Act and/or
e. Direct the respondent to grant Yes
compensation or damages under
Section 22 and/or

f. Pass such interim orders as Yes

the court deems just and proper;
 g. Pass any orders as deemed fit Yes
in the circumstances of the case.

1. Order required
(i) Protection order under Section 18
Prohibiting acts of domestic violence by Yes
granting an injunction against the
Respondents from repeating any of the
acts mentioned in the terms of column
4(a)(b)(c)(d) (e) (f)(g) of the application

Prohibiting Respondent(s) from entering Yes

the school/college workplace.

Prohibiting from Stopping you from going N.A.

to your place of employment

Prohibiting Respondent(s) from entering N.A.

the school /college /any other place of
your children
Prohibiting from stopping you from N.A.
going to your school

Prohibiting any form of communication by Yes

the respondent with you

Prohibiting alienation of assets by the Yes

respondent
Prohibiting operation of joint bank N.A.
lockers/accounts by the respondent and
allowing the aggrieved person to operate
the same
Directing the respondent to stay away Yes
from the dependents/ relatives/ any other
person of the aggrieved person to prohibit
violence against them
For any other please specify N.A.

(ii) Residence order under Section 19

An order restraining Respondent(s) from

Dispossessing or throwing me out of the N.A.

shared household

Entering that portion of the shared N.A.

household in which I reside

Alienating Yes
/disposing of/encumbering the shared
household

Renouncing his rights in the shared Yes

household

An order entitling me continued access to Yes

my personal effects
An order directing
Respondent(s) to

● Remove himself from the shared N.A.

household

● Secure the same level of alternate Yes

accommodation or pay rent for the
same

● Any other order, please specify N.A.

(iii) Monetary reliefs under Section 20

Loss earnings, amount claimed Rs. 2,00,000/-

Medical Expenses, amount claimed Rs. 10,000.00

Loss due to destruction/damage or removal Rs. 1,00,00,000/-

of property from the control of the aggrieved
person, Amount claimed

Any other loss or physical or mental injury as

specified in the clauses 10 (d)

Total amount claimed Rs. 1,02,10,000/-

Any other order, please specify

(iv) Monetary reliefs under Sec 20

Directing the Respondent to pay the following expenses as monetary
relief:

Food, clothes, medications and

other basic necessities, Amount
per month Rs. 30,000.00 per month
School fees and related N.A.
expenses per month
Household expenses Rs 20,000/-
Amount per month
Monthly Rent Rs 2,00,000/-

Any other expenses Rs 10,000/-

Amount per month
(Conveyance)
Total per month Rs 2,60,000/- per month which
amount is exclusive of the amount
claimed for medicines etc./under
other heads
Any other order, please specify

(v) Custody order under Section 21

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

children to the –
Aggrieved person N.A.

Any other person on her behalf, N.A.

details of such person
(vi) Compensation order under section 22

Direct the Respondent No. 1 to Pay a compensation of Rs. 2 Crores

to the Complainant against mental and physical cruelty,
harassment, defamation etc. committed by the Respondent No. 1 and
his family members upon the complainant

(vii) Any other order, please specify

Details of previous litigation, if any
a.
Under the Indian Penal Code No

Disposed of, details of relief N.A.

b.

Under Cr. P.C., Sections : No.

c.

Under the hindu Marriage Act, 1955: No

Disposed if, details of relief: N.A.

d.
Under the Hindu Adoptions and No
Maintenance Act, 1956,
Disposed of, details of relief N.A.

e.
 Application for maintenance No other case has been filed by
the Complainant till date and this
is the first case being filed by the
Complainant
Interim Maintenance N.A.

Maintenance Granted N.A.

f.
Whether Respondent was sent to Judicial Custody: No

For less than a week

For less than a month

Specify period

3. That relationship between the Petitioner and the Respondents are

highlighted below in a tabular form.

Sr. Respondent Relation with Place of Residence

No. Petitioner

01. Respondent Husband Huda Plot No. 44, Sector 56,

Number 1
Devender Vihar, Gurugram,
Haryana-122011.

02. Respondent Father-in-Law Huda Plot No. 44, Sector 56,

Number 2
Devender Vihar, Gurugram,
Haryana-122011.
 03. Respondent Brother-in-Law Huda Plot No. 44, Sector 56,
Number 3
Devender Vihar, Gurugram,
Haryana-122011.

04. Respondent Mother-in-Law Huda Plot No. 44, Sector 56,

Number 4
Devender Vihar, Gurugram,
Haryana-122011.

4. That the marriage between the Petitioner and Respondent No.1 was
solemnized on 05.02.2022 at the Surya Grand Hotel, Rajouri Garden,
New Delhi where both the parties got married according to Hindu
rites/ceremonies and thereafter the marriage was consummated but no
child was born out of this wedlock.

5. That on 11.08.2021, the ROKA Ceremony of the Petitioner and

Respondent No.1 took place at Surya Grand Hotel, Rajouri Garden.
That during the ROKA Ceremony celebration, the paternal aunt of the
Petitioner was compelled by the Respondents to give cash to the
relatives and also to the immediate family members of the Respondent
in the name of Shagun money which amounted to approximately Rs
7,13,000/-. That it is pertinent to mention here that Respondent No. 2
and Respondent No. 4 demanded for a Gold Chain worth Rs. 1,75,000/-
. That post the ROKA Ceremony, the in-laws of the Petitioner on various
instances on one pretext or another started to make dowry demands in
the form of wedding expenses and cash for the preparation for wedding
from the paternal aunt of the Petitioner.

6. That it is pertinent to mention here that the Petitoner has been living
with her paternal aunt (bua) since childhood and has been raised and
brought up by her only. That the paternal aunt(bua) is a single lady
 holding a very responsible and high post and has more than 15 years
of experience as a Flight Commander in Spice Jet. That the paternal
aunt is no less than a parental figure to the Petitioner, who has groomed
and imparted good values to the Petitioner since her childhood. It is
further mentioned that it is the paternal aunt of the petitioner who has
stood by her side in all the hardships she has faced post her marriage
and has been a constant support and motivation with respect to the
career of the Petitioner. It is the Paternal aunt of the Petitioner only,
who took care of all the arrangement of the petitioner’s wedding
functions and who coordinated with the respondents about all the the
functions and arrangements to be made as teh Petitioner’s parents
reside in Amritsar and the Bua is in Delhi. That it was the Petitioner’s
paternal aunt only who used to visit her matrimonial home (as a
representative of the girl’s side) frequently and is well versed with the
acts and actions of the Respondents. That the Paternal Aunt of the
Petitioner used to visit her Matrimonial home because the parents of
the Petitioner could not reach the Respondents as they had blocked the
numbers of the Parents of the Petitioner. It is pertinent to mention her
that the Respondents are used to doingt this as, in the past they had
done the same with the parents fo the wife of Respondent No. 3
(Bhabhi).

7. That during the wedding planning process, the Petitioner and her family
explicitly requested a marriage ceremony that they could afford as per
their financial capabilities. However, the Respondents disregarded the
Petitioner and her family members’ request and insisted on an opulent
wedding, demanding grand decorations and celebrations and the
exorbitant expenses incurred by these lavish arrangements impacted
the Petitioner and her paternal aunt’s financial stability. That this very
act of the Respondents demonstrates that they were never concerned
 about the Petitioner and her family’s financial well-being and rather
motivated by their own greedy plans. That such actions by the
Respondents amounted to coercive control as well as illegal demands
and demonstrated a lack of regard for the Petitioner’s overall well-being.

8. That in order to fund the extravagant wedding insisted upon by the

Respondents, specific financial demands were made by Respondent
No.2, Respondent No. 3, and Respondent No. 4 in collusion with R-1
both singularly and simultaneously. That on 24.01.2022, Respondent
No. 4/Mother-in-law of Petitioner and Respondent No. 2/ Father-in-
Law of the Petitioner exerted pressure by demanding Rs. 10 lakhs for
the Sagan function. That the persistent and unjust demand for money
continued and then, on 30.01.2022, the Respondent No. 4/Mother-in-
law of the Petitioner demanded Rs. 5 lakh for the Mehandi function,
and on 03.02.2022, Respondent No. 2 and Respondent No. 3 demanded
15 lakhs for the Marriage function to be held on 05.02.2022. These
repeated financial demands made by the Respondent's family members
exemplify a pattern of economic exploitation, control and manipulation,
further exacerbating the Petitioner’s financial distress.

9. That in addition to the expenses mentioned above, the paternal aunt of

the Petitioner was also burdened with the additional expenses of the
ring ceremony held on 02.02.2022 amounting to Rs. 12,28,000/-. It is
pertinent to mention here that amount of Rs. 5,00,000/- cash was given
to Respondent No. 1, which was put forth as a demand for the ongoing
marriage expenses by the Respondent No. 2 and respondent No. 4. That
gold articles such as Gold kada and engagement ring for Respondent
No. 1; Gold Chain for Respondent No. 2 and Respondent No. 4; Gold
Ring and Diamond earrings for Respondent No. 3 and his spouse, all
amonting to approximately Rs. 5.5 Lakhs was gifted by the paternal
aunt of the Petitioner upon an ultimatum given by the Respondents.
 That in addition to this a total amount of approximately Rs. 1,00,000/-
was gifted as Milni Shagun to all the male members of the Respondent’s
family and relatives.

10. That it was a planned and calculated move by the Respondent to extract
money from the paternal aunt of the Petitioner which can be
substantiated by the fact that they compelled the paternal aunt of the
Petitioner to book an expensive photographer for covering the wedding
ceremony and also to book a lavish honeymoon package which costed
the Petitioner a sum of total Rs. 4,90,000/-. That even the entire
expense of the Mehendi function held on 03.02.2022, a day after the
Ring Ceremony was borne by the paternal aunt of the Petitioner without
any financial support from the Respondents.

11. That it is of utmost importance to highlight the fact that Respondents

took money for the arrangement of the events and booking of the rooms
for the relatives of the Respondents from the paternal aunt of the
Petitioner which amounted to a whooping Rs. 30,00,000/-. It is further
reiterated that the Respondents persisted that the entire amount
should be paid in cash for the ease of booking. That it is nothing but a
calculated, corroborated and pre-plotted act to extract money from the
Petitioner without leaving any trace of transactions.

12. That the Petitioner further mentions that, just a day after the
Petitioner’s wedding, specifically 06.02.2022, Respondent No. 4 along
with other family members started taunting and mentally harassing the
Petitioner with respect to her conduct in her marital home. That the
Respondents, in a demeaning and derogatory manner, repeatedly said
statements such as "utho maharani kaam pe lago, yahan aram se
baithne nahi aayi ho". That the Respondent No.1’s family coerced and
compelled the Petitioner to perform all the housekeeping chores,
 disregarding that the Petitioner is also employed with a reputed
organization and has important responsibilities that need to be taken
care of as per her professional commitments. That the Petitioner was
treated as an object solely responsible for menial tasks to be performed
in a household which hitherto was being performed by servants and in
total disregard of the fact that the nature of work of the petitioner
demanded that she be fit and fine enough to be able to fly a plane in
her duty hours for which it was imperative that she is well rested. That
such demanding and disregarding behaviour inflicted upon the
Petitioner shattered her expectations as a newly wedded bride and the
Petitioner was emotionally abused throughout her stay at the
Respondent’s house.

13. That merely two days after the solemnization of the marriage, that is
on 07.02.2022, Respondent No. 2 entered the Petitioner’s room and
demanded money from the Petitioner and stated that “Dekho tumhe
pata chal hi gaya hoga ki hamare pe bahut karza hai, tumse apne
bete ki shaadi karza utarwane ke liye ki hai ab bekar ke kharche
chhoro aur ghar pe kaho ki karza bharne mein madad kare”. That
Respondent No. 2 put the onus of paying the monthly instalments of
the home loan taken by him for the construction of the house in which
they currently reside, stating that now when the Petitioner is also living
with them in the house, she is bound to pay outstanding of the home
loan. That such a blatant demand for money by Respondent No. 2 just
after their marriage came as a shock for the Petitioner. That it was only
after the marriage that the Petitioner came to the distressing realization
that the Respondents are a family who are solely driven by monetary
and materialistic gains, with their sole intent being to extract as much
money as possible from the Petitioner and her family. That these
manipulative and exploitative actions undertaken by Respondents
 demonstrate a clear pattern of financial coercion and control,
substantiating the existence of domestic violence within this
relationship.

14. That the temperament of Respondent no. 1 became quite apparent on

09.02.2022, the very first day of the Petitioner’s honeymoon in Goa
wherein he pressurised the petitioner that they will need to go back
immediately so that the ‘chaunka chadana’ ceremony (a customary
practice in the Sikh Tradition carried out after 40 days of marriage
where the wife cooks for the first time in the Kitchen at her matrimonial
home and thereafter she can start working and cooking in the Kitchen)
can be performed so that Respondent No. 4/mother of the Respondent
No.1 can be relieved of the housework. That it was Respondent No. 4
who stopped Respondent No.1 from cutting short their honeymoon
period by stating that it would raise doubts in the minds of their
relatives regarding them. This statement came as a complete shock to
the petitioner as it was not only extremely strange but also a preview of
what was about to come in her matrimonial life. That there was the
intent of urgency showcased by Respondent No.1 to perform the
‘chaunka chadana’ ceremony to start making the Petitioner work in the
Kitchen but then Respondent No. 4 put a halt to such urgency and
stated that even if they could not make the Petitioner work in the
kitchen before performing the ceremony they can make her do the other
household menial works. That this incident deprived the Petitioner of
the basic enjoyment and break-in period that she deserved right after
marriage.

15. That the petitioner alleges numerous incidents wherein the

Respondents, either directly or indirectly, have made financial demands
from the Petitioner and her paternal aunt during and even after the
marriage. Initially, the Petitioner chose to overlook these acts and
 occurrences, naively believing that she could save her marriage by
tolerating and adjusting to the unjust demands imposed by the
Respondents. Unfortunately, by turning a blind eye to the Respondent’s
behaviour, the Petitioner inadvertently fueled their greed, leading to the
steady escalation of their demands with each passing day. That to the
utter surprise and dismay of the Petitioner, these demands continued
to mount, creating a hostile environment wherein the Petitioner was
subjected to various forms of domestic violence as a consequence of her
non-compliance with the unreasonable demands of the Respondents.
That these actions by the Respondents, characterized by their
persistent and escalating financial coercion, constitute a clear pattern
of domestic violence, encompassing emotional abuse, control, and
manipulation.

16. That the Petitioner encountered several behaviours that were not only
derogatory to her but to any woman who is just seen as a person to
perform household work. That the sister-in-law (wife of Respondent No.
3) of the Petitioner also encountered similar troubles at the hands of
the Respondents which compelled her to leave her job as a senior cabin
crew with reputed airlines. The loss of her job coupled with mental
cruelty had a negative impact on the physical and mental well-being of
the sister-in-law of the Petitioner, who currently is undergoing
medications for depression/anxiety. That it is considered normal
practice in the house of the respondents family where the women of the
house need to leave their respective jobs and adhere to the demand of
the male members of the house which ranged from arranging financial
resources from their paternal home to doing various household works
and further succumbing to their partner’s sexual exploitations. That it
is pertinent to mention that the men in the house boast about their
control over the women of the house and also glorify their anger-related
 issues which were evident from the disclosure of Respondent No.1 with
respect to his present mother who is actually his step-mother because
the biological mother of Respondent No. 1 was burnt alive by his father.
That this was nothing but an explicit warning to the Petitioner that if
she fails to obey the Respondents then she could also land in a similar
fate. That Respondent No. 1 further sufficed that his family members
have deep connections with that of the police and just as his
father/Respondent No. 2 went unharmed after the death of his
biological mother, similar results will happen next time also.

17. That in a desperate attempt to save the matrimonial life, the Petitioner
made persistent efforts to adjust within the family dynamic. That the
Petitioner, in an act of goodwill, provided financial assistance to
Respondent No. 1 and his family by offering a substantial portion of her
salary, more than Rs. 50,000 per month in the hand of Respondent No.
2. The respondents made sure that they always took cash by
withdrawing it from the petitioner’s ATM card so that there was no proof
that they had actually taken the money from her. Furthermore, the
Petitioner diligently performed all household chores without fail. That
despite sincere efforts by the petitioner, Respondent No. 2 demanded
that the Petitioner surrender her entire salary to him, and instructed
her to approach him in case of need for money. It is pertinent to mention
here that despite the fact that the Petitioner had already been
contributing a significant portion of her earnings in her Matrimonial
home, Respondent No. 1 callously remarked, “Iss ghar mein rehna
hai toh paise dene padenge.” and Respondent No. 2 said “Tu iss
ghar mein rehti hai, Tere pe bhi kharche hote hai. Rehna hai
yahan to paise toh dene padenge”. That it is of utmost importance
to emphasize that these statements were made in the presence of
Respondent No. 3 and Respondent No. 4, and shockingly, no
 intervention or support was extended to the Petitioner rather it was
reiterated that the claims of Respondent No. 2 are just and normal. That
such blatant disregard for the Petitioner’s rights, dignity, and financial
autonomy further substantiates the existence of domestic violence
within this relationship.

18. That it is further mentioned that the Petitioner was coerced into paying
bills on several occasions and providing money under the guise of
fulfilling her responsibilities as a daughter-in-law of the family. That the
record of the following transactions will be found in the old sim card of
the Petitioner which is still in the possession of the Respondents. That
the Respondents, taking advantage of their position of authority, took
full control over the Petitioner's finances, including her ATM cards,
Phone Pe, and access to her bank account. That it is stated that the
record of all the transactions made by the Petitioner is in her other
phone which happens to still be in possession of the Respondents. That
the Petitioner was left with no choice but to surrender her earnings,
leaving her without any means to save or accumulate funds for
unforeseen circumstances. As a direct consequence of these acts, the
Petitioner found herself unable to save any money for her own financial
security and was entirely dependent on her paternal aunt(bua) to cover
her daily expenses and to meet her basic needs during the time of her
stay at her Matrimonial home and even now, after she has been forced
to leave her matrimonial home, having been deprived of all her savings,
the petitioner finds herself constrained as she has no savings left to tide
her up if and when she may need them. That this systematic financial
control and exploitation by the Respondents, resulting in the
Petitioner’s vulnerable and precarious financial state, is evident enough
to prove that the Petitioner is deprived of financial independence.
19. That it is of utmost importance to highlight the incident that occurred
on 18.03.2022, Respondent No. 3 forcibly entered the Petitioner’s room
and unjustly demanded her entire salary. That when the Petitioner
resisted this unreasonable demand, Respondent No. 3 resorted to
physical violence and slapped the Petitioner and further stooping to the
level of verbal abuse by making derogatory remarks, such as “iss bekar
ladki se shaadi kya soch kar karwai thi aur kya hi ho gaya, kis kangle
khandan mein kardi shaadi”, exemplify the unrestrained cruelty and
brutality displayed by Respondent No. 3, causing immense distress to
the Petitioner. That when the Petitioner communicated to Respondent
No. 1 about the incident, he dismissed the Petitioner by saying,
“Humare yahan thoda garam ho jate hai sab, tum chup chap de diya
karo na paise”, thus the said incident further highlights Respondent
No. 1’s lack of support as a husband and reveals his true motive of
marrying the Petitioner that is solely for financial gains.

20. That it is important to shed light on the financial exploitation endured

by the Petitioner at the hands of Respondent No.1. That despite being
an earning professional himself, the Petitioner had helped Respondent
No. 1 financially and in furtherance to this the Petitioner also handed
over her entire salary to Respondent No. 2. That the Petitioner was
deprived of the basic freedom to maintain a minimum balance in her
own account even after having an independent income. The Petitioner
was continually coerced into arranging more money, even though the
Petitioner had already given up her entire hard-earned salary for
Respondent No. 1, as he was involved in easy money-making schemes
that ultimately resulted in the loss of all her savings and went down the
drain. That it is pertinent to mention here that the Petitioner had no
autonomy in deciding the expenditure of her hard-earned money and
 that none of the Respondents showcased any remorse for the loss of her
hard-earned money due to investment in wrong and bogus schemes.

21. That on 23.04.2022, a distressing incident occurred during a wedding

function of a family friend of the Respondents which was attended by
Petitioner and Respondent No. 1. That during the ceremony Respondent
No. 1 drew Petitioner’s attention to a car and repeatedly told Petitioner
"dekh ladki waalon ne gaadi di hai shaadi me." which implicitly
highlighted the Respondent No. 1’s demand for car from the Petitioner
and her family. That these insulting comments continued until the
Petitioner couldn’t take it any longer and burst into tears and begged
Respondent No. 1 to stop pestering her. That this incident was only the
tip of the iceberg and represents just one instance among numerous
occurrences wherein Respondent No. 1 to Respondent No. 4 continually
subjected the Petitioner to unwarranted demands and indirectly
demanded dowry which invariably resulted in Petitioner’s mental
harassment. That it is pertinent to acknowledge the systematic
emotional abuse inflicted upon the Petitioner by the Respondents. That
the Petitioner’s mental well-being suffered greatly, impacting her
professional growth and hindering her ability to function effectively.
That the constant belittlement and disparagement inflicted by
Respondent No. 1 created an environment of fear and anxiety, leaving
the Petitioner in a state of emotional turmoil and distress. That the
Petitioner firmly believes that such malicious and degrading conduct
should not be tolerated within the institution of marriage. It is pertinent
to mention here that these repeated acts of emotional abuse inflicted
upon the Petitioner amount to a flagrant violation of her fundamental
rights, including the right to live with dignity and respect.

22. That on 23.05.2022, Respondent No. 2 brazenly approached the

Petitioner’s paternal aunt and coerced her to transfer money to his own
 account, under the pretext that he is a senior citizen and can avoid tax
liability by doing so which was completely irrational and uncalled for.
That when the Petitioner’s paternal aunt proposed another legal
alternative, that is transferring the money into her own mother's
account, Respondent No. 2 sternly told her to keep the transaction
concealed from the mother without providing any valid reasons. That
this deceitful behaviour evidently indicates Respondent No. 2’s active
involvement in controlling and exercising control over the Petitioner's
family for monetary gain. That such premeditated acts not only
represent a breach of trust but also a disturbing instance of financial
strain and exploitation.

23. That on 16.06.2022, the Petitioner was coerced and intimated by

Respondent No. 1 to transfer money to his account in order to invest it
in a fraudulent online scheme that claimed to quadruple money in a
few hours and which Respondent No.1 eventually lost. That the
Petitioner, although aware of the fraudulent schemes and the minimum
chance of getting back her hard-earned money, still proceeded with
providing the demanded amount so that her marriage is saved. That
such poor investments by Respondent No. 1 and his family always put
the Petitioner in financial jeopardy along with extreme mental
harassment.

24. That on 03.07.2022, approximately 5 months after the matrimonial

union, the Petitioner was finally permitted by the Respondent No. 1,
Respondent No. 2, Respondent No. 3, and Respondent No. 4 to visit her
parent's residence in Amritsar to fulfil the customary ritual of
"pagphera", which according to the traditions is supposed to be done
right after marriage only. That such a long delay to perform this ritual
was due to the Respondent No. 1, Respondent No. 2 Respondent No. 3
and Respondent No. 4, as earlier they did not allow the Petitioner to go
 to her parent’s house and said “humare yahan rehna hai toh humare
hisab se he chalna hoga nahi toh tum apna boriya bistar leke jaa sakti
ho”. Following that, when the Petitioner and Respondent No. 1 attended
the pagphera dinner, Respondent No. 1 arrogantly spoke to the
Petitioner’s paternal aunt and instructed them to fold their hands
whenever they stood before him, emphasizing his supremacy as the
groom while belittling the value of the Petitioner's family. That the intent
of the Respondents was that till the petitioner and her family keep
fulfilling their demands, all will be well but in case they don’t then the
petitioner will not be allowed to contact her family or meet them at all.

25. That on 10.08.2022, there was a function in the Petitioner's paternal

aunt’s family, and the Petitioner asked Respondents Nos. 2 and 4 for
money so that she could make the necessary purchases in order to
attend the Rakhi function. It is pertinent to mention here that, the
audacity of the Respondents was such that Respondent No. 4 handed
a meagre sum of Rs 500 to the Petitioner and in addition instructed the
Petitioner to buy clothes for herself also with that money only. That
when the Petitioner further requested Respondent No. 2 for some more
money, he disdainfully said "tu bada jaise kuch leke aayi thi jo tujhe
paise chahiye, humara ladka itna acha kamaata hai jabse tu ayi hai
humari kismat foot gayi hai, ek phooti kaudi nahi milegi tujhe”. That
these callous and derogatory statements by Respondents No. 2 and
Respondent No. 4 not only highlight their refusal to provide the
Petitioner with basic financial support but also underscore their
disrespect and disregard towards her. That such demeaning behaviour
and continuous ridicule further exacerbate the already strained marital
environment, causing significant emotional distress to the Petitioner.
That what was most surprising was the fact that despite being an
earning member, the petitioner had no control or say in how to spend
 her own salary which was shocking as she had never seen such
behaviour from anyone in her life.

26. That it is pertinent to mention here that on many occasions Respondent

No. 4 has demanded money from Petitioner, stating reasons which
ranged from expenses incurred during the Petitioner’s mehendi
ceremony to daily household expenses and eventually it came to that
the entire expense was being borne solely by the Petitioner. That
shockingly Respondent No. 4 turned a blind eye towards the atrocities
that Petitioner endured in her matrimonial home and consistently
defended the actions of other Respondents. That Respondent No. 4
coerced Respondent No. 1's sister-in-law (wife of Respondent No. 3) into
conceiving a child during the first year of marriage, driven by the belief
that only male children are auspicious if born within this time frame
thus violating her bodily autonomy. That the Petitioner was subjected
to similar oppressive demands, being told that fulfilling these
expectations constituted her duty as a daughter-in-law, all the while
dismissing and disregarding the relentless harassment she endured.
That this pervasive interference and dominance exercised by
Respondents Nos. 2 and 4 over the entire family fabricate an
environment of control, coercion, and malevolence, solidifies hindrance
from the Respondents towards the Petitioner.

27. That, thereafter, Respondents No. 1, Respondent No.2, Respondent No.

3 and Respondent No. 4 tortured and harassed the petitioner on various
pretexts, leaving no stone unturned in order to abuse the petitioner’s
family and made her life miserable. That it is pertinent to mention here
that the Respondents had blocked the phone number of the parents of
the Petitioner on the very next day of the marriage but did not block the
phone number of the Paternal Aunt because they knew it was the
paternal aunt only from whom they can extract money even after the
 marriage. That it was well planned by the Respondents to not to block
the phone number of the Paternal aunt as it was thought that being a
single lady with money she is an easier target. That the magnitude of
their abusive conduct knew no bounds, as they went to great lengths to
belittle and demean the Petitioner’s family, leaving no opportunity
unexploited to make her life a living nightmare. That the torment
inflicted on the Petitioner became so unbearable that, approximately six
months into the marriage, in late August, the Petitioner was compelled
to request with Respondent No. 1 to either arrange therapy sessions to
address her escalating emotional distress or provide her with poisoned
food as a desperate means of escaping the grave, dehumanizing
treatment she was subjected to within the Respondent No.1’s family.
These distressing incidents display that the sustained pattern of
humiliation not only took a heavy toll on the Petitioner’s physical well-
being but also had a profoundly negative impact on her mental health,
to the point where she lost the will to live. That these acts of the
Respondents depict nothing but the infliction of mental cruelty upon
the Petitioner. That in the matter of Naveen Kohli vs. Neelu Kohli,
[AIR 2006 SC 1675], It was held in:

“Mental cruelty may consist of verbal abuses and insults

by using filthy and abusive language leading to constant
disturbance of mental peace of the other party”.

28. That on 23.08.2022 when the Petitioner courageously approached

Respondent No. 1 to address the distressing situation, seeking his
intervention and support, to the utter shock of the Petitioner, the
response of Respondent No.1 exposed a deeply entrenched history of
violence and abuse within the Respondent No.1’s family. That
Respondent No.1 stated that “the women are looked down upon in
our home, as my sister-in-law started having trouble with anxiety
 after her marriage too, my father had set ablaze his first wife and
then got married to my present mother and hits her as well. You
will have to adjust accordingly”. That this chilling revelation not only
sheds light on a long-standing pattern of physical abuse perpetrated by
Respondent No. 1 and his family but also highlights the continuation of
a history that violates and outrages the dignity of women in their family.
That such heinous acts of violence, as well as their acceptability, point
to a concerning and pervasive culture of abuse that has existed for
many years. That the Petitioner finds herself trapped in an environment
where her pleas for compassion and understanding are met with
indifference, further exacerbating the severe mental and emotional
distress inflicted upon her.

29. That Respondent No. 1’s flagrant disregard for the Petitioner’s consent
and well-being is further exemplified by his persistent refusal to engage
in safe sexual practice, despite repeated requests from the Petitioner to
use protection. That as a direct consequence of this reckless behaviour,
the Petitioner endured the harrowing experience of contracting a severe
genital infection, which rendered her incapacitated and bedridden for
an agonizing period of 19 days, from 20.08.2022 to 08.09.2022. That
excruciating pain inflicted upon the Petitioner to undergo extensive
medical treatment, including the administration of heavy medications
including steroids. That the severity of her condition was such that the
Petitioner was unable to attend work throughout this entire period due
to illness, resulting in a significant loss in salary. That despite being
fully aware of the Petitioner’s agonizing suffering and financial
difficulty, Respondent No. 1, Respondent No. 2, Respondent No. 3 and
Respondent No. 4 behaved callously and refused to show a single ounce
of sympathy towards her plight.
30. That the Petitioner was subjected to not only Respondent No. 1’s violent
outbursts but also his abusive conduct, which occurred consistently
when Respondent No. 1 was under the influence of alcohol. That it
became evident that Respondent No. 1’s intoxication hindered his
ability to achieve an erection, leading to his frustration on his part for
not being able to engage in sexual intercourse and subsequently
resorting to violent behaviour. That this frustration fueled a disturbing
pattern wherein Respondent No. 1 resorted to engaging in horrendous
acts of forcibly inserting objects into the Petitioner’s private parts. That
the severity of the situation became so grave that the Petitioner was
forced to remove objects from the vicinity, particularly the bedside table,
and take preventative measures to ensure that no such items were
present when Respondent No. 1 was inebriated within the walls of the
bedroom. That the need for such precautionary measures emphasizes
the seriousness of the situation and the significant physical and mental
toll it has taken on the Petitioner. This never-ending pattern of alcohol-
induced abuse and sexual assault violates the Petitioner's rights and
bodily integrity.

31. That on 18.09.2022, at around 4 a.m., when the Petitioner returned

home after work only to find an unpleasant scenario where Respondent
No. 1, was in an extreme drunken state, and upon seeing the Petitioner
started hurling verbal abuse at her and her paternal aunt for no reason.
That in an attempt to defuse the situation, the Petitioner handed
Respondent No. 1 a glass of water, asking him to relax and calm down.
When the Petitioner handed Respondent No. 1 a glass of water, an
unexpected thing happened and the Respondent No. 1 took advantage
of this vulnerable time by cruelly and brutally holding the Petitioner on
the bed and attempting to insert the glass into her private parts by a
heinous and clear intent to harm. That the Petitioner fought hard
 against Respondent No. 1, but he did not give up and covered
Petitioner’s mouth with his hands suppressing the distressing cries for
help from the Petitioner. That the Petitioner, terrified and traumatized,
was forced to experience this horrible/ violent act being attempted on
her by Respondent No. 1. That further, Respondent No. 1 added insult
to injury by threatening the Petitioner the next morning, that if the
Petitioner informs anybody of this heinous act then it will result in an
immediate divorce. That Respondent No. 1’s extremely distressing
actions constitute a blatant breach of the Petitioner's physical
autonomy, emotional well-being, and bodily dignity.

32. That the abhorrent and traumatizing incident described above left the
Petitioner in a state of shock, causing profound emotional and
psychological distress. The Petitioner was left feeling disoriented and
profoundly affected by the heinous act, struggling to regain a sense of
normalcy and security in her life. That the psychological impact of such
actions can extend far beyond the initial shock, leading to anxiety,
depression, and post-traumatic stress disorder. It is pertinent to
mention here that Petitioner’s ability to trust others, particularly in
intimate relationships, has been profoundly affected, and probably
tainted for a lifetime. That the Petitioner may experience difficulties in
forming and maintaining healthy connections. Additionally, the
Petitioner’s sense of personal security and self-worth has been gravely
affected her under heightened vulnerability and fear. It is of utmost
importance to acknowledge the magnitude of the harm inflicted upon
the Petitioner and take decisive measures to provide the necessary
support and protection for her recovery and future well-being.

33. That there were incidents wherein Respondent No. 2 came to the
Petitioner in private at an inappropriate hour with seemingly malafide
intentions. That Respondent No. 2 demanded a major portion of
 Petitioner’s salary stating that he had taken a loan to build the house
and that now it was Petitioner’s responsibility to repay that loan as the
Petitioner was also staying in that house with them. Initially, the
demand of Respondent No. 2 was a major portion of Petitioner’s salary
but later on, his greediness increased and Respondent No. 2 started
demanding that the whole of Petitioner’s salary should be given to him
for bearing the expenses of all of the family members, and Petitioner
would be given her daily allowance as Respondent No. 2 would deem
fit.

34. That the authority wielded by Respondent No. 2 in the house was
absolute and to such an extent that no one ever dared to question his
acts. That this can be substantiated by the fact that when Respondent
No. 2 touched Petitioner ungentlemanly at her posterior area in front of
Respondent No. 1 and Respondent No. 4 no one objected or found it
offensive. In fact, this ill-bred behaviour of the Respondent No.2 was
not only overlooked by Respondent No. 4 but was acknowledged as a
normal act. It is pertinent to mention here that despite being a witness
to such an incident Respondent No. 4 responded with a smile at this
incident and Respondent No. 1 ignored this as if it was a common thing
in this house. It is pertinent to mention here that later on the Petitioner
again brought this incident up with Respondent No. 1 in their bedroom,
and questioned that if such incidents were a common occurrence in
that house, then the sister of Respondent No.1 must have also
experienced the same mistreatment in the hands Respondent No.2.
That on hearing this Respondent No.1 became agitated and started
hurling abuses on the Petitioner then stormed out of the bedroom and
went to Respondent No.2 and Respondent No. 4’s room. That thereafter,
Respondent No. 1 returned to his bedroom and started hitting the
Petitioner and expressed his outrage over the audacity of the Petitioner
 to bring Respondent No.1’s sister’s name into the brawl. That this
incident left a significant scar on Petitioner’s mental health and
Petitioner used to constantly live in fear in and around her house from
Respondents. That to protect herself, the Petitioner resorted to locking
her bedroom door to prevent unwanted intrusion by the male members
of the household. That it is important to mention here that the male
members of the Respondent No. 1’s family used to barge into the room
of the Petitioner unannounced and that due to the fear of these
occurrences the Petitioner started to lock the door of her bedroom and
the fear was to such a level that the Petitioner used to often wake up
startled to check whether the door is locked or not. That these
circumstances highlight the culture of intimidation and harassment,
faced by the Petitioner at the cost of her safety and dignity. That even
after being at her house, Petitioner was always in a fearful state of mind
and did not feel safe inside the house due to the Respondent’s behavior,
which caused her to consider leaving the house.

35. That further, on 18.09.2022, Petitioner requested that Respondent No.

1 allow her to go to her paternal aunt’s house for two days so that
Petitioner could meet her, to which Respondent No. 1 abruptly refused
and began abusing her paternal aunt. That to exacerbate matters,
Respondent No. 2 and Respondent No. 4 joined Respondent No. 1 and
began abusing Petitioner and her paternal aunt. It is pertinent to
mention that due to the relentless atrocities and severe torture inflicted
upon the Petitioner by Respondent No. 1, Respondent No. 2,
Respondent No. 3 and Respondent No. 4, the Petitioner found herself in
a state of profound distress and fear for her life. That the magnitude
and frequency of the abuse endured by the Petitioner reached an
intolerable level and wherein the Petitioner was forced to leave her
matrimonial house on 18.09.2022. That the day the Petitioner was
 forced to leave the house, she was so disturbed that she cancelled her
flight that she was scheduled to fly that evening. However, it is deeply
troubling that despite the distress caused by these events, Respondent
No. 1 displayed a complete lack of sensitivity and empathy, and did not
even hesitate once to leave the house, and immediately left for the
airport as if nothing had occurred, his insensitivity and disregard for
the well being of the Petitioner is quite evident. That this insensitive
behaviour underscores the profound emotional turmoil inflicted upon
the Petitioner and highlights his dehumanizing feeling towards the
Petitioner. That this decision was made under duress, as the Petitioner
faced an imminent threat to her life and physical integrity. That the
continuous and escalating acts of violence, harassment, and mental
anguish inflicted upon the Petitioner by the Respondent have
irreparably shattered the sacred trust and marital bond between the
parties.

36. That in an earnest attempt to save their marriage, the Petitioner

diligently reached out to Respondent No. 1 on multiple occasions,
making sincere efforts to resolve the prevailing dispute. That repeated
attempts to initiate a conversation, Respondent No. 1 chose to remain
unresponsive, disregarding the Petitioner’s genuine concerns and
exhibiting a complete lack of commitment or willingness to save their
failing marriage. That this evident apathy and refusal to come to an
amicable solution further contribute to the breakdown of trust and
render the continuation of the marital relationship untenable. That post
being forced into leaving her marital home, none of the Respondents
ever came to ask the Petitioner to return which shows that their main
aim was to get rid of her in the first place.
37. That Respondent No. 1’s deplorable conduct has consistently
demonstrated a pattern of insensitivity, short-temperedness,
impulsiveness, and extreme violence, leaving the Petitioner in a
perpetual state of vulnerability and distress. That throughout the
course of the Petitioner’s 6-month stay at her matrimonial home post-
marriage, Respondent No. 1 has systematically exploited the Petitioner,
not only in financial matters but also in terms of her mental, emotional,
sexual and physical well-being. The Petitioner and her paternal aunt
have endured immeasurable mental agony and relentless harassment
at the hands of Respondent No. 1 and his family which cannot be
expressed in words in any manner whatsoever.

38. That on 02.10.2022, the Petitioner attempted to genuinely mend things

with the Respondents and also went to the house of her in-laws along
with her paternal aunt and grandmother to resolve the issues but they
were all thrown out of the house and there was no conciliation
whatsoever. That this blatant disregard for the Petitioner's genuine
intentions and the refusal to participate in a meaningful conciliation
process indicates the Respondent’s unwillingness to resolve the issues
and salvage the marital relationship. That the earnest efforts of the
Petitioner were met with the hostility of the Respondents.

39. That in the past, there have been multiple distressing incidents where
the respondents, in a deliberate attempt to demean and insult the
petitioner's paternal aunt, subjected her to humiliation during the
marriage proceedings and even after the marriage had taken place. That
the respondents displayed a callous disregard for her dignity, creating
awkward situations and undermining her self-respect on numerous
occasions. Furthermore, the petitioner's paternal aunt was coerced by
the respondents into transferring a disputed property owned by her,
with the false promise that they would resolve the matter amicably.
 However, this promise turned out to be nothing more than a deceitful
ploy to exploit and manipulate her, illustrating their malicious
intentions and fraudulent behavior. That the respondents
systematically plotted to exploit both the petitioner and her paternal
aunt, treating them as mere sources of unlawful gains, without any
consideration for their rights, emotions, or well-being. Such calculated
actions highlight a pattern of unscrupulous conduct on the part of the
respondents. It is pertinent to mention here that the Respondents have
planned and plotted to rip the paternal aunt and the Petitioner like a
scavenger and never let an opportunity to make unlawful gains from
the Paternal aunt and the Petitioner’s money.

40. That the ill-designs of the repondnets can very well be gauged from the
fact that taking advantage of their position/relation to the petitioner,
they used to call the petitioner’s bua to their house by exerting
pressure- “aaj to aapko aana hi padeyga humsey milney warna
dekh lo ….hum naraaz ho jaayenge”, that hearing thus the
Petitioner’s bua felt constrained to go and vist them only to find that
they were not in the house and she was made to wait for hours on end
till the respondents came back. The Petitioner’s bua also whenever she
visited the petitioner’s matrimonial home, took huge hampers of fruits
and sweets along with giving sagan envelopes of 5,100/- each to all
respondents as they said that it was their culture which again was quite
surprising as there was no festival or occasion rather, the bua was
called by them only for reason. That such incidents happened multiple
times and the paternal aunt was now even wary of attending the phone
calls of the respondents feeling harassed and scared of what new
demands they will make and what new ways they will come up with in
order to humiliate her and the petitioner.
41. That it is pertinent to mention here that on 08.10.2022, Respondent
No. 1 called the HR department of the company where both had applied
and informed them that both were not interested in joining their
company, and Respondent No. 1 being the husband of the Petitioner is
entitled to inform this with prior permission from the petitioner. That it
is pertinent to mention that it was a complete case of cheating on the
part of Respondent No. 1 as Respondent No. 1 did this without the
knowledge or consent of the Petitioner, with malice intent to cause
financial impairment to the Petitioner and Respondent No. 1 then joined
another company, namely Air India Express. That the Petitioner
experienced severe mental trauma and self-doubt, believing that she
had been rejected for a job and faced the prospect of unemployment.
That the Petitioner got to know about such a preplanned and malicious
act of Respondent No.1 only when she tried to take matters into her
hand and contacted the HR of the company herself at least to know the
reason for rejection from the said post, later on, the Petitioner sought
clarification from the Department, wherein she got to know that here
joining letter was originally dated 07.11.2022 but later on it was edited
then the Petitioner received her joining letter dated 28.11.2022. That
the said action of Respondent No. 1 caused 20 days delay for the
Petitioner to join her current employment which also led to loss of pay
for the delayed days and may even have costed th petitioner her job had
she not mustered the courage to call up her current place of work and
inquire as to the reasons of her non -selection. That this calculated
action by Respondent No. 1 not only demonstrates his malicious intent
but also exhibits a clear violation of professional privacy and a
deliberate hindrance to the Petitioner’s employment prospects and
professional growth. That such interference not only undermines the
Petitioner's fundamental right to livelihood but also disrupts her
pursuit of a fulfilling and stable career.
42. That ever since the Petitioner left her matrimonial home after being
forced to do so by the Respondents, the Petitioner has been living with
her paternal aunt. That as a repercussion of the malicious act of
Respondent No.1, the petitioner is facing difficulty in even meeting her
daily expenses as all her savings have been taken away by the
respondents and the petitioner fears that she will be in grave trouble in
case her job is effected or in case she needs finances in an emergency.
That the Petitioner was accustomed to a certain lifestyle and now she
is being deprived of it and finding it very hard to sustain. That the
purpose of seeking maintenance in the present matter is rooted in the
fundamental principle of upholding the Rights of the Petitioner and
ensuring a standard of living commensurate with the lifestyle enjoyed
during her time of cohabitation with the Respondent and his family
before their separation. That it is crucial to recognize that the provision
of maintenance is not solely limited to meeting basic needs but also
aims to preserve the socio-economic status, dignity, and well-being of
the dependent party. That in the matter of Bharat Hegde v. Saroj
Hegde, [2007 SCC OnLine Del 622], it was stated that:

“8. The court has to take a general view. From the various
judicial precedents, the under noted 11 factors can be
culled out, which are to be taken into consideration while
deciding an application under Section 24 of the Hindu
Marriage Act. The same are:

“1. Status of the parties.

2. Reasonable wants of the claimant.
3. The independent income and property of the claimant.
4. The number of persons, the non applicant has to
maintain.
5. The amount should aid the applicant to live in a similar
 life style as he/she enjoyed in the matrimonial home.
6. Non-applicant's liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical
attendance and treatment etc. of the applicant.
8. Payment capacity of the non applicant.
9. Some guess work is not ruled out while estimating the
income of the non-applicant when all the sources or correct
sources are not disclosed.”

43. That it is pertinent to bring to the notice of the court the comprehensive
overview of the financial and residential circumstances surrounding
Respondent No.1. That as Respondent No. 1 works as a Pilot for Air
India Express, Respondent No.1 earns a significant monthly income of
3.5 lacs. That furthermore, it is worth mentioning here that Respondent
No. 1 currently resides in a privileged and posh neighbourhood in
Gurugram, which is a reflection of his economic and social status. That
the desirability and exclusivity of this locality contribute to the high cost
of renting a property therein. That based on the market rates, it can be
reasonably estimated that renting a residence of similar status for the
Petitioner would cost her a fortune and the Petitioner would have to
incur an approximate cost of Rs.3,00,000/-per month. That in the case
of Komalam Amma v. Kumara Pillai Raghavan Pillai [(2008) 14
SCC 345: AIR 2], it was stated by the apex court that:

“maintenance necessarily encompasses a provision for

residence and has therefore ordered that the woman be
provided with a residential facility similar to that which
she had been accustomed in the past.”

44. That after enduring three months of distress and attempting to save the
deteriorating marriage, the Petitioner resorted to filing a pre-litigation
 mediation petition, bearing case number No. 465/2022, which was duly
listed for mediation in January 2023. That despite the Petitioner's
sincere and earnest efforts to resolve the dispute and restore harmony
to the marital relationship, the mediation proceedings proved
unsuccessful. It is pertinent to mention that not a single sincere
attempt was made by the Respondents to rectify the situation or make
amends, thus revealing their intention to sever the marital bond. That
this deliberate indifference to the Petitioner's genuine attempts to
reconcile further substantiates Respondent No. 1 and his family's lack
of commitment towards salvaging the marriage. The Petitioner's
decision to pursue legal recourse is a testament to her resolve to seek
justice and protect her rights in the face of such irreconcilable
circumstances.

45. That the Petitioner after the failed attempt of resolving her marriage
issues with Respondent No.1, along with absolute non-cooperation from
the other Respondents with respect to saving marriage had no recourse
left rather than to approach the police to seek safety and security for
herself and filed a complaint at P.S. Rajouri Gardern dated 29.01.2023.
Furthermore, the Petitioner had also approached the CAW Cell, on
10.02.2023, wherein informing about the harsh and cruel treatment
faced by her in her matrimonial home.

46. That finding no recourse by her above mentioned initiatives, the

Petitioner lodged an FIR at P.S. Rajouri Garden, West Delhi, Delhi
bearing FIR No. 0374 dated 26.05.2023. That the Petitioner had filed
the above-mentioned FIR after enduring a year of severe harassment,
physical and mental abuse, and enduring extreme hardships
perpetrated by Respondents. That even after the Petitioner's persistent
efforts to resolve the differences and bring about a positive change in
the Respondent’s selfish attitude, all attempts have proven to be futile.
 That the Petitioner has been treated as nothing more than a mere cash
cow, subjected to a materialistic mindset that disregards any emotional
connection or bond with the Petitioner. As a result, the Petitioner finds
herself in a state of survival, devoid of any meaningful support or
consideration from the Respondent No 1. It is evident that the
Respondents' callous disregard for the Petitioner's well-being and
emotional needs has irreparably damaged the marital relationship. That
in the matter of Leena Monteiro vs Alwyn D’Cruz
[MANU/KA/2714/2022], it was stated that:

“12. In the instant case, the appellant has examined

herself. She has placed on record Ex. P6 to P8 viz.,
Statement of Accounts which reflect that various
transactions amounting to Rs. 60 Lakhs in all have been
made in favour of the Respondent. If the examination in
chief of the appellant is read in its entirety, it is evident that
the Respondent has treated the appellant as a cash cow
and had a materialistic attitude towards the appellant. The
Respondent had no emotional ties with the appellant. The
attitude of the respondent in itself has caused mental
agony and emotional trauma to the appellant which is
sufficient to make out a ground of mental cruelty.”

47. That it is of utmost importance to mention that all the items of the
Petitioner including the Stridhan and Gold jewelleries received by the
petitioner from her both paternal and matrimonial home at the time of
marriage are still in possession of the Respondents and the Petitioner
does not have the knowledge of the whereabouts of the the said articles.
That the Petitioner fears that the articles bought by the hard earned
money of her paternal aunt would be lost in some dubious schemes or
liabilities of the Respondents.
48. That it is pertinent to mention that amongst all the Stridhan items as
mentioned above, there are still a lot of articles of the Petitioner left in
her matrimonial home including things like Prada Sunglasses, a Rado
Watch, AND Trolley Bag, Designer clothes, Expensive Outfits worn
during the marriage ceremony and so on, which also includes things
which are of her daily use like clothes, utensils, etc. That all these items
are expensive and bought with the Petitoner’s own hard-earned money.
That the petitioner has been accustomed to a certain lifestyle due to her
upbringing and her esteemed position as a First Officer. When the
petitioner left the house, she was not aware that she would not be able
to return, which is why she could only manage to take her flight bag
and a small layover bag with her. Given the significant monetary
investment made by the petitioner in acquiring these belongings, it is
imperative that all her articles be promptly returned to her. That
denying her access to these personal and essential possessions would
be highly unfair and burdensome for the petitioner, as it would force
her to incur additional expenses to repurchase items she already
rightfully owns.

49. That the details of the financial transaction made by the Petitioner with
respect to the persistent and unjust demands made by the Respondents
over a period of time are highlighted below:

Date Mode of Payment Amount Remarks

Phonepe
14.01.2022 7,977 Before Marriage
Transaction

Phonepe
27.01.2022 13,500 Before Marriage
Transaction

18.02.2022 Cash Withdrawal 2,000

03.03.2022 Cash Withdrawal 6,300

02.04.2022 Cash Withdrawal 5,000

02.04.2022 Cash Withdrawal 10,000

02.04.2022 Cash Withdrawal 10,000

02.05.2022 Cash Withdrawal 10,000

02.05.2022 Cash Withdrawal 10,000

02.05.2022 Cash Withdrawal 10,000

02.05.2022 Cash Withdrawal 10,000

02.05.2022 Cash Withdrawal 10,000

10.05.2022 Cash Withdrawal 5,000

21.05.2022 Paytm UPI 2,000

03.06.2022 Cash Withdrawal 10,000

16.06.2022 Paytm UPI 20,000

02.07.2022 Paytm UPI 6,200

04.07.2022 Cash Withdrawal 9,000

08.07.2022 Paytm UPI 10,000

 03.08.2022 IMPS 50,000

09.08.2022 Cash Withdrawal 2,000

09.08.2022 Cash Withdrawal 2,000

Total Amount 2,27,977/-

PRAYER

In view of the facts and circumstances, as brought out above, it is

most humbly prayed that this Hon’ble Court may most graciously be

pleased to:

a. Direct Respondent No. 1 is to pay the Petitioner monthly

maintenance of INR 2.5 Lakhs to maintain the same standard of
living that she had before the severance of the relationship.

b. Direct Respondent No. 1 to pay compensation of INR 2 Crores to

the Petitioner by way of damages for the mental harassment and
emotional distress caused to her by the domestic violence
committed by the Respondents.

c. Direct Respondents to pay the compensation of INR 3 Lakhs to

the Petitioner for loss of Job opportunities.

d. To pass orders directing the Respondents to return the Petitioner

who spent a sum of INR.1,00,00,000/- for Roka, Ring Ceremony,
Sagan, Mehendi+Cocktail, Marriage (Milni), on gifts, hampers,
clothes, cash sagans, etc. from Respondents.
 e. To return the jewelry items/ stridhan received by the Petitioner
during marriage ceremonies;and

f. Pass any other order as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case.

It is, therefore, most respectfully prayed that this Hon’ble Court

be pleased to grant the relief (s) claimed therein and pass such
order or order(s)/other as this Hon’ble court may deem fit and
proper under the given facts and circumstances of the case for
protecting the aggrieved person from domestic violence and in the
interest of justice.

Petitioner/ Aggrieved Person

Through

DR. SWATI JINDAL GARG

ADVOCATE

60/4, IST FLOOR,

YUSUF SARAI,

INDIAN OIL COMPLEX,

DELHI-110016

MOB. 9911232024

Date:-

Place: New Delhi

 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI
COURTS, DELHI

Case No. of 2023

IN THE MATTER OF:-

Ramandeep Kaur Oberoi ……Applicant

VERSUS

Harsh Oberoi and Ors …… Respondents

Application under Section 23 of Protection of Women from Domestic

Violence, 2005

Most respectfully Showeth:-

1. That the Applicant/Petitioner has filed the accompanying petition under

Section 12 of the Protection of Women from Domestic Violence Act, 2005.
The contents of the petitioner may kindly be read as part and parcel of the
present application filed under Section 23 of the Protection of the Women
from Domestic Violence Act, 2005 and the same are not being repeated
herein for the sake of brevity.

2. That the Applicant/Petitioner is a victim of Domestic violence. That the

Petitioner apprehends severe threats and far-reaching consequences of the
acts of the Respondents who are financially affluent and strong and
socially well-connected in Delhi. That Respondents have continuously
tortured the Applicant/complainant mentally and physically. Further,
there is serious apprehension about her life and/or limbs at the instances
of the Respondents.
3. That Respondent No. 1 is working as First Officer at Air India Express and
residing at Huda Plot No. 44, Sector 56, Devender Vihar, Gurugram,
Haryana-122011. That Respondent No. 1 is earning more than Rs. 3.5
Lakhs per month. That Respondent No. 2 is the father-in-law of the
Petitioner, Respondent No. 3 is the Brother-in-Law of the Petitioner and
Respondent No. 4 is the Mother-in-Law of the Petitioner all residing at
Huda Plot No. 44, Sector 56, Devender Vihar, Gurugram, Haryana-
122011. That Petitioner used to live Respondent No. 1 and his family in a
posh locality of Gurugram along with other high-standard amenities and
renting a house of similar standard and maintaining a similar standard of
living will cost her around lakhs. Such disparity of living standard is well
against the established law of the land, which provides equal standards
for both spouses. Thus, the Petitioner is seeking an order of interim
maintenance under the Domestic Violence Act. The Petitioner believes that
granting interim maintenance will provide the necessary support and
resources to sustain her current standard of living and meet the ongoing
financial obligations arising from the separation. That Respondent No. 1
is duty-bound to provide the same comparable lifestyle to the Petitioner.

4. That it is pertinent to mention here that the respondents are in possession

of the articles including gold, Jewelries, Academic records and other
valuables belonging to the Petitioner. That the Respondents have sole
custody and control over all these valuable and precious items, including
jewelry, depriving the Petitioner of ownership and access to her personal
belongings. That the Petitioner is deeply concerned by the unjust
withholding of her valuables by the Respondents. That the Petitioner
believes that the restoration of her belongings will not only restore her
rights but also provide her with a sense of security and protection during
the course of these proceedings.
5. That the Applicant/Petitioner, gravely concerned for her safety and well-
being, apprehends the repetition of acts of domestic violence by the
Respondents. That the Applicant/Petitioner has already been a victim of
such violence in the past, which has caused immense physical, emotional
and psychological harm. That the traumatic experience endured by the
Petitioner has left her in constant fear and distress, affecting her ability to
live a life free from intimidation and violence. That the
Applicant/Petitioner, fearing further harm and with a genuine belief that
her safety and security are at imminent risk, seeks urgent relief. That with
the present application the Petitioner seeks urgent relief, such as
restraining orders or any other appropriate measures to safeguard her
from any future acts of domestic violence perpetrated by the Respondents.

6. That the Applicant/Petitioner contends that both morally and legally,

Respondent No. 1, being the husband, has a solemn obligation to maintain
his wife and provide her with a standard of living commensurate to his
own. That the principle of parity in status requires that the Petitioner, as
the wife should be afforded the same standard of living and amenities as
enjoyed by the Respondent No. 1. That it is a fundamental principle of
justice and equality enshrined in various statutes and precedents that
spouses should be treated with dignity and respect, with no disparity in
their living standards. That the Petitioner seeks to uphold her rights and
entitlements under the law and implies Respondent No.1 to recognize the
moral and legal duty to provide maintenance that corresponds to the
lifestyle and social standing enjoyed by the husband. is bound to maintain
his wife with the same status as the husband is enjoying in his life, parity
in the status requires that the complainant should be provided with the
same standard of living by Respondent No. 1- husband.
 Prayer

In view of the above-mentioned facts and circumstances, it is most

respectfully prayed that this Hon’ble Court may be pleased to pass the
following orders:

a. To pay a sum of Rs. 2.5 Lakhs per month towards interim monetary
relief.

b. To direct the Respondent to secure the same level of alternative

accommodation as that of Respondent No. 1/Husband.

c. To pass a protection order to prevent physical and mental abuse of

the complainant from all Respondents.

d. To pass an ex-parte order in the terms of Sections 18, 19, 20, 22 and
23 of the Protection of Women from Domestic Violence Act, 2005.

e. Pass ex-parte interim order under Section 23 of the Act in respect

of the prayer made above in paras and confirm the same after
notice to the Respondents; and

f. Any other relief that this Hon’ble court deems fit and proper under
the circumstances of the case.

Petitioner/ Aggrieved Person

Through

DR. SWATI JINDAL GARG

ADVOCATE

60/4, IST FLOOR,

YUSUF SARAI,
 INDIAN OIL COMPLEX,

DELHI-110016

MOB. 9911232024

Date:-

Place: New Delhi

 THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI
COURT, DELHI

No. OF 2023

In the matter of

RAMANDEEP KAUR OBEROI ….Applicant

Versus

HARSH OBEROI & Ors. …..Respondents

LIST OF DOCUMENTS

1. Id Proof of the Petitioner (Passport)

2. Marriage photographs
3. Marriage invitation card.
4. Marriage Certificate
5. Expenditure done by Petitioner during the wedding ceremonies.
6. Email confirming the revised date of Joining of the Petitioner at Blue Dart
Aviation Ltd.
7. Whatsapp Chats Copy between the Petitioner and Respondent No. 1..
8. Any other documents with the prior permission of this Hon’ble Court.

PETITIONER

DATED:
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI
COURT, DELHI

No. OF 2023

In the matter of

RAMANDEEP KAUR OBEROI ….Applicant

Versus

HARSH OBEROI & Ors. …..Respondents

AFFIDAVIT

I, Ramandeep Kaur Oberoi, w/o Harsh Oberoi, D/o Dr. Harminder Singh Oberoi
R/O J-8/121, First Floor, Rajouri Garden, New Delhi-110027 do hereby
solemnly affirm and declare on oath as under:-

1. That I am the Applicant in the accompanying Application filed for myself.

2. That being Conversant with the facts and circumstances of the case, I am
competent to swear this affidavit.
3. That the Deponent had been living separately from the Respondent at J-
8/121, First Floor, Rajouri Garden, New Delhi-110027 since 18.09.2022.
4. That the details provided in the present application for the grant of relief
have been entered into by me/at my instructions.
5. That the contents of the application have been read over, and explained to
me.
6. That the contents of the Petition u/s 12 read with Sections 18, 20,22 and
23 of the Protection of Women from Domestic Violence Act, 2005 may be
 read as a part and parcel of this affidavit and the contents of the same
have not been reproduced here for sake of brevity.
7. That I state that the instant Petition has been drafted by my counsel under
my instructions and the contents of the same have been read over and
explained to me in vernacular language.

Deponent

Verification

Verified at New Delhi on this day July of 2023. That the contents of the above
affidavit are correct to my knowledge and belief and no part of it is false and
nothing material has been concealed therefrom.

Deponent