BEFORE THE COURT OF LEARNED JUDICIAL MAGISTRATE 1ST CLASS

THANAMANDI

Shabana Kosser W/O Shabaz Khan Caste Domal R/O Kanyal Gali Kakora,
Tehsil Manjakote A/P Azamtabad, Tehsil Thanamandi District Rajouri.
…….Petitioner(s)/Applicant(s)
Versus

1 Shabaz Khan S/O Mohd Sher

2 Mohd Sher S/o______________
3 Fazilat Begum W/O Mohd Sher
4 Haji Boli S/O Mohd Sadeeq, all caste Domal
All residents of village Kanyal Gali Kakora, Tehsil Manjakote, District Rajouri
…….. Respondent(s)/Non-applicant(s)

IN THE MATTER OF :
APPLICATION UDNER SECTION 12 OF PROTECTION
OF WOMEN FORM DOMESTIC VOILENCE ACT 2005.

MAY IT PLEASE YOUR HONOUR:

THE APPLICANT/PETITIONER MOST RESPECTFULLY SHOWETHS:

1. That the present application is being filed by the petitioner herein under section
12, 18(d),(e) and (f) 19(e) (f) ,19(2) ,(6)(7) (8) , 20, 21,22 and 23 of the Protection
of Women from Domestic Violence Act ,2005. That the respondent No. 1 is the
husband of the petitioner. Respondent No. 02 and 03 are father-in-law and
Mother-in-Law of petitioner and the respondent No. 04 is in-law relative of
petitioner. That the marriage of the petitioner was solemnized with the
respondent in the year 2020 according to Muslim ritual and rights.
2. That after marriage the relation of the petitioner and respondent remained
satisfactory for some years and after that the respondent started harassing, beating
and mal-treating to the petitioner and also threatened for contracting second
marriage. That the other family members of the respondents also started
instigating the respondent No. 1 and upon their instigation the respondent No.1
started brutally beating to the petitioner and using abusive language.

3. The numerous incidents of Physical abuse ,verbal abuse , emotional abuse,

economic abuse committed by the respondents on the petitioner are as described
hereunder:-
4. That the respondent always threatens the petitioner either to leave the
matrimonial house or to bring more dowry items and when she refused to do this
 then the respondent started beating to the petitioner and thrown out from her
matrimonial house and warned her to get the cash amount within 2 or 3 days
from your parents otherwise she need not to return back and also threatened that if
she will return back without fulfilling their illegal demands, she will be subject to
get harm/danger and put her life into darkness.
5. That the respondent after beating snatched the jewelry of the petitioner and
thereafter, the respondents have thrown out her from her matrimonial after beating
and thrashing.
6. That the respondents always threatens that he will ruined the life of the petitioner
and also will contract second marriage with someone else and he always failed to
maintain the petitioner either one way or the other and the petitioner is brutally
beaten, mentally tortured, physically tortured by the respondents and thereafter
she has been forcibly thrown out from her matrimonial home.
7. That the petitioner numerous time approached before the prominent persons of
Biradari but unfortunately, no fruitful result came out and she is still leading a life
under mental depression.
8. That the father of the petitioner also approached the respondents personally and
requested them that being poor it is not possible for him to manage cash, car and
more dowry items but the respondents intentionally turned hostile towards the
request of the father of petitioner.
9. Ever since the marriage, the petitioner is suffering physically and mental abuse,
pain helplessness and anger on account of the respondents. Eventually, being
unable to bear with the trauma and agony, she is fearing for her life, being
destitute without any protection and shelter due to which she has been constrained
to file the present petition.
10. That the petitioner is helpless lady and respondents are well settled and the
husband of the petitioner has a well furnished business who earns rupees 50000/-
per month and besides this he has sufficient moveable as well as immovable
property.
11. That the petitioner at the time of marriage was made to believe that the
respondent No. 1 is a sober and gentleman and believing upon the respondent the
petitioner solemnized the marriage with the respondent No. 1. Whatever she had
brought with her at the time of marriage in the shape of dower/gift items same has
been taken by the respondents including golden ornaments. However, the
respondents were not happy because the petitioner had not brought sufficient
dowry items as per their greedy deeds and on this sole factor they are constantly
taunting and insulting her for getting the jewelry items, household items and
others items as per their standard.
12. That the petitioner always made every effort to deal with the miserable situation
and keep quiet for the peace of mind of her parent and always made efforts to
please the respondents but all in vain and the respondents always shown their rude
behavior towards the petitioner. That the petitioner constantly remained in fear of
her life as the respondents are physically strong and particularly the respondent
No. 1 has a bad temper, aggressive, loud and completely unpredictable in her
reaction to the situation. The respondent openly threatens to the petitioner that he
would physically harm her in such a manner that she would repent her whole life
and due to which the relationship between the parties became more estranged. The
respondent continued with assault, physical, emotional abuse and started to behave
like strangers living under the same roof and same room. Things have become so
bad and worse that the neighbourers on several occasions intervened to control the
situation and prevent further physical abuse at the hands of respondents.
13. That the petitioner has suffered immense pain and hurt on part of the respondents
and she is mentally, physically and emotionally scarred/drained and she is unable
to carry on anywhere like this.
14. That the petitioner being a helpless lady has been mentally tortured and
physically tortured by the respondents and thereafter she has been thrown out from
her matrimonial house and presently she is putting up with her parents and the
parents of the petitioner themselves are leading and mendicant and penurious life
who can not bear the expanses of the petitioner. That due to all this behavior of the
respondents the petitioner is leading a life of vagrancy and destitute.

15. That the petitioner is residing within the local limits and jurisdiction of this
Hon’ble Court and hence this Hon’ble Court has jurisdiction to entertain the
present petition.

PRAYER:
It is therefore prayed before this Hon’ble Court that your honour may
kindly be please to take cognizance of the Domestic violence and pass the
following orders , as deemed necessary in the facts of the present case:-

(i) Protection Order under Section 18

(a) Prohibiting acts of domestic violence by granting an injunction against
the respondent.
(b) To pass the direction to the in-charge of concerned police station to
provide security and protection to the petitioner on need basis.
 (ii) Compensation order under Section 22.
(a) Direct the respondent to pay an amount of Rs. 200000/ as
compensation for damages under Protection of Women from Domestic
Violence Act 2005.
(iii) To pay Rs. 15000/- per month as maintenance to the petitioner so that she
may live a normal life.
(iv) Interim relief under Section 23
a) In the light of the above mentioned facts and circumstances of the case,
as the petitioner is completely without any house and she is putting up
in a rented residential house and respondent No. 1 be directed to
arrange suitable accommodation separately for the petitioner
comprising at least two rooms, one kitchen, bath room, utensils,
clothes and the dowry items which are in the possession of
respondents be handed over to the petitioner.
IN THE PREMISES:
It is submitted that the petitioner throughout her married life
has been treated with utmost cruelty both mental and physical by the respondents and
she has a prima facie case in her favour. It is further submitted that the respondents have
committed numerous acts of domestic violence and the petitioner is entitled to protection
under the Protection of Women From Domestic Act otherwise grave prejudice and harm
would be caused to the petitioner by the respondents.
Therefore, this Hon’ble Court may be pleased to:-
(a) Pass all such orders or any of the order as deem fit and proper under section
18,20,21,22 & 23 of the Protection of Women from Domestic Violence Act 2005.
(b) Pass an exparte Ad Interim order under section 23 as mentioned above.
(c) Pass such other order(s) as this Hon’ble Court may deem fit and proper in the facts
and circumstances of the case.

DATED PETITIONER
THROUGH COUNSEL
ADVOCATE ZAHOOR AHMED BHATTI
BEFORE THE COURT OF LEARNED JUDICIAL MAGISTRATE 1ST CLASS
THANAMANDI

Shabana Kosser W/O Shabaz Khan Caste Domal R/O Kanyal Gali Kakora,
Tehsil Manjakote A/P Azamtabad, Tehsil Thanamandi District Rajouri.
…….Petitioner(s)/Applicant(s)
Versus

1 Shabaz Khan S/O Mohd Sher

2 Mohd Sher S/o______________
3 Fazilat Begum W/O Mohd Sher
4 Haji Boli S/O Mohd Sadeeq, all caste Domal
All residents of village Kanyal Gali Kakora, Tehsil Manjakote, District Rajouri
…….. Respondent(s)/Non-applicant(s)
IN THE MATTER OF:
An application under section 23 of Protection of Women form
Domestic Violence Act 2005 seeking directions to the respondent
No.01 to pay interim maintenance to the tune of rupees 10000/- per
month.

May it please your Honour,

1. That the applicant has filed the above said application under section 12 of Protection
of Women from Domestic Violence Act 2005.

2. That the applicant has got a strong prima facie case in her favour ,even balance of
convenience is also lies in favour of the applicant.

3. That the applicant craves the leave of this Hon’ble court to consider the averments
made in the main petition as part of this application for grant of interim relief.
4. That in the interest of equity, justice and fair play and till final disposal of the main
petition interim relief as prayed for be granted in favour of the applicant
An affidavit is enclosed herewith

Prayer:-
 In the light of the above mentioned facts and circumstances of the case it
is prayed that the applicant is without any shelter to live in as the non-applicants
have thrown her out from the matrimonial house and applicant is residing with her
parents and the non-applicants may kindly be directed to make arrangement of
reasonable accommodation separately for the petitioner comprising at least two
rooms, one kitchen and one bathroom Moreover, security be provided to the
applicant and respondent may also be directed to pay Interim maintenance of Rs.
10000/- per month till the disposal of the main petition.

Applicant/Aggrieved person
Through Counsel
 AFFIDAVIT
1. I, Shabana Kosser W/O Shabaz Khan Caste Domal R/O Kanyal Gali Kakora,
Tehsil Manjakote A/P Azamtabad, Tehsil Thanamandi District Rajouri.
2. , do hereby state on oath/solemn affirmation as under :
3. That the accompanying application under section 23 of Protection of Women From
Domestic Violence Act 2005 has been drawn and drafted by my counsel on
instructions and information supplied by me.

4. That the averments made in the application are true and correct to the best of my
knowledge and belief as the same have been read over and explained to me and
nothing has been concealed therein .
Deponent

Verification:
Verified at _______ today on _________ that the contents of this
affidavit are true and correct to the best of my knowledge and nothing has been concealed
therein.

Deponent
 AFFIDAVIT
1. I, Shabana Kosser W/O Shabaz Khan Caste Domal R/O Kanyal Gali Kakora,
Tehsil Manjakote A/P Azamtabad, Tehsil Thanamandi District Rajouri.
2. , do hereby state on oath/solemn affirmation as under :
3. That the accompanying petition under section 12 of Protection of Women From
Domestic Violence Act 2005 for interim relief has been drawn and drafted by my
counsel on instructions and information supplied by me.

4. That the averments made in the petition are true and correct to the best of my
knowledge and belief as the same have been read over and explained to me and
nothing has been concealed therein .
Deponent

Verification:
Verified at _______ today on _________ that the contents of this
affidavit are true and correct to the best of my knowledge and nothing has been concealed
therein.

Deponent