Domestic Violence Written Arguments Format under the PWDV Act, 2005

IN THE COURT OF THE LEARNED METROPOLITAN MAGISTRATE / JUDICIAL MAGISTRATE OF FIRST CLASS AT __________

APPLICATION / COMPLAINT CASE NO. ____ OF 20__

WRITTEN ARGUMENTS ON BEHALF OF THE AGGRIEVED PERSON IN THE APPLICATION UNDER SECTION 12 READ WITH SECTIONS 17, 18, 19, 20, 21, 22 AND 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

MOST RESPECTFULLY SUBMITTED:

1. That the above application is pending adjudication before this Hon'ble Court and is listed for hearing on __________.
2. That notice/summons has been served upon the respondent and the respondent has entered appearance. The pleadings presently on record are __________.
3. That the applicant has filed her pleadings, documents and, wherever directed, the affidavit of assets, income, expenditure and liabilities. The respondent's corresponding disclosure, if filed, may be considered along with the supporting documents and material on record.
4. That the applicant married the respondent on __________ at __________ according to __________ rites/customs. The parties thereafter resided together at __________, which is pleaded to be the shared household.
5. That the facts constituting the domestic relationship and the applicant's residence in the shared household are set out in paragraphs ____ to ____ of the application and are supported by __________.
6. That the applicant has pleaded acts of domestic violence within the meaning of Section 3 of the Act, including, as applicable to the facts, physical abuse, verbal and emotional abuse, sexual abuse and/or economic abuse.
7. That the incidents relied upon include the events dated __________, __________ and __________. The supporting material includes, where applicable, complaints, DD/GD entries, medical records, messages, photographs, bank records, witness material or other documents already filed with the Court.
8. That the applicant's case regarding dowry articles, jewellery, stridhan or other property, if applicable, is specifically set out at __________ and supported by __________. The applicant seeks only such return/protection of property as is legally maintainable on the pleaded facts.
9. That the applicant has pleaded economic abuse and lack of adequate financial support. Her present income, necessary expenses and liabilities are stated in the disclosure on record as Rs. ______ per month / as detailed therein.
10. That the respondent's disclosed income is Rs. ______ per month / year. The applicant submits that the Court may consider the respondent's actual income, earning capacity, assets, liabilities, standard of living and documentary record rather than unsupported assertions of expenditure.
11. That the applicant relies upon the principle that monetary relief under Section 20 should be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed, subject to the evidence and circumstances of the case.
12. That the applicant is entitled to seek protection against further acts of domestic violence and, where the statutory conditions are satisfied, restraint against communication, intimidation, alienation of assets or other conduct covered by Section 18.
13. That the applicant has a statutory right under Section 17 to reside in the shared household, subject to the scheme of the Act and the orders the Court considers appropriate under Section 19.
14. That the expression "shared household" must be applied in accordance with the current Supreme Court interpretation, including Satish Chander Ahuja v. Sneha Ahuja, and not on the basis of an over-narrow ownership test.
15. That a past domestic relationship can also be legally relevant under the Act. The applicant relies on the principles explained by the Supreme Court in Prabha Tyagi v. Kamlesh Devi, subject to the facts proved in the present case.
16. That if custody or visitation is in issue, the applicant seeks an appropriate temporary custody order under Section 21, with the welfare and safety of the child/children being given due consideration.
17. That the acts pleaded have caused injury, mental torture and/or emotional distress, for which the applicant seeks compensation and damages under Section 22 in the amount considered just on the evidence.
18. That the applicant further seeks appropriate interim relief under Section 23, where such relief has been pleaded and is necessary to prevent continuing prejudice pending final disposal.
19. That the territorial jurisdiction of this Hon'ble Court is attracted under Section 27 because __________ [the aggrieved person permanently/temporarily resides or is employed here / the respondent resides or works here / the cause of action arose here].
20. That any parallel or previous maintenance, matrimonial, civil or criminal proceeding and any relief already granted therein has been disclosed to this Hon'ble Court, so that overlapping relief, adjustment or enforcement may be dealt with in accordance with law.
21. That the applicant relies upon the pleadings, affidavits, exhibits and oral submissions already forming part of the record and craves leave to refer to the same at the time of hearing.
22. That the written submissions are being filed to assist this Hon'ble Court in deciding the application and the reliefs claimed under the Act.

Optional fact-specific paragraphs from the earlier format

The following themes may be retained only when they are actually pleaded and supported: demands relating to dowry/gifts; withholding of household money; physical assault; police/PCR or DD/GD entries; medical or mental-health consequences; denial or withholding of stridhan; threats or intimidation; previous matrimonial proceedings or settlement efforts; nondisclosure or inconsistency in income documents; and continuing acts giving rise to protection, residence, monetary or compensation claims.

Specific names, dates, amounts and allegations should correspond exactly with the application, rejoinder, affidavit, evidence and documents already on record.

PRAYER

In view of the facts, evidence and submissions stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to grant such of the following reliefs as are pleaded, maintainable and established on the record:

1. Recognise and protect the applicant's right to reside in the shared household under Section 17 of the Act, in accordance with law.
2. Pass appropriate protection order(s) under Section 18 restraining the respondent from committing, aiding or abetting domestic violence and from such prohibited communication, intimidation, alienation of assets or other conduct as the facts justify.
3. Pass appropriate residence order(s) under Section 19, including protection of possession, restraint against dispossession or disturbance, alternate accommodation/rent or other legally permissible directions warranted by the facts.
4. Grant monetary relief under Section 20 for maintenance and, where proved, loss of earnings, medical expenses, loss caused by destruction/removal/damage to property and other legally recoverable financial loss.
5. Where applicable, pass an appropriate temporary custody/visitation order under Section 21 in the welfare and safety interests of the child/children.
6. Award compensation and damages under Section 22 for injuries, including mental torture and emotional distress, in such amount as this Hon'ble Court considers just on the evidence.
7. Grant appropriate interim and/or ex parte relief under Section 23, if pending or otherwise maintainable.
8. Direct return/protection of stridhan, jewellery, clothes, documents or other property where such relief is pleaded, proved and legally permissible.
9. Grant litigation expenses/costs and any other relief that this Hon'ble Court may deem just, proper and necessary in the circumstances of the case.

AGGRIEVED PERSON / APPLICANT
THROUGH COUNSEL

ADVOCATE FOR THE APPLICANT

Place: __________
Date: __ / __ / 20__