DOMESTIC VIOLENCE

 IN THE COURT OF XXVIII C.J & JUDICIAL MAGISTRATE AT KARACHI (EAST)

DOMESTIC VIOLENCE COMPLAINT NO. ________ OF 2024

Mrs.

Karachi.

 ….PETITIONER/AGGRIEVED PERSON

 

VERSUS

1. Mr. 

Karachi.

…. RESPONDENTS 

2. Station House Officer

Police Station, Soldier 

Bazar, Karachi

                                                                                                                        …. STATE 

PETITION UNDER SECTION 7, READ WITH SECTION 5, 8, 9 AND OF THE DOMESTIC VIOLENCE (PREVENTION AND PROTECTION) ACT, 2013

That for the convenience of this Court, a Copy of the Domestic Violence (Prevention and Protection) Act, 2013 hereinafter referred to as the (“Domestic Violence Act”) is attached herewith. 

(A copy of the Domestic Violence Act, 2013 is annexed herewith as Annexure “A”) 

That the Petitioner is a household, peaceful, and law-abiding citizen of Pakistan, an aggrieved person under Section 2(1)(a) of the Domestic Violence Act, and a victim of domestic violence as defined in Section 5 of the said Act. The Petitioner was living in a ‘domestic relationship’ as defined in Section 2(1)(e) of the said Act, with the Respondent. 

That the Petitioner married the Respondent on 03.11.2019, in Saint Joseph’s Convent Chapel Church and the record of marriage is accessible in Saint Lawrence Church, after that the Petitioner started to live with the Respondent in their matrimonial home, at the address given in the title of this Petition, being ‘household’ in terms of Section 2(1)(h) of the said Act. 

That the Petitioner has two daughters from this wedlock first one born on 10.11.2019 and the second on 25.12.2022 aged about 1 year and 2 years.

That thereafter petitioner has been from time to time subjected to domestic violence by the Respondent just because of having girls. 

That on 06.02.2024 up to 9.02.2024, the Respondent under rage and hostility for no apparent reason, physically assaulted, the Respondent, threatened to murder her, her daughters, and the family members of the petitioner's family. The Respondent injured the Petitioner and her phone is in the custody of the Respondent. For about 4 days the Petitioner was made hostage by the Respondent who also snatched her cell phone and refused her to meet or speak to anyone or leave the house.  It is submitted that the cell phone is still in Davin’s custody.

That being really traumatized and physically abused, the respondent's brother  09.02.2024 informed the family of the petitioner's parents about the physical assault, thereafter Petitioner’s brother visited Davin’s house the same night to meet the Petitioner and inquire as to the wellbeing of the Petitioner and the minors, but the Respondent refused to let him allow to meet the petitioner instead the respondent  threatened to take  further actions if anyone tried to interfere with his matters with the Petitioner

That on 09.02.2024, petitioner’s brother along with police from P.S Soldier Bazar, went to Davin’s residence and rescued the petitioner along with her children, thereafter he registered a complaint to P.S Soldier Bazar. The details of the physical assault were reported at P.S. Solder Bazar, on the same day the petitioner was also examined by the medical officer thereby confirming the physical assault.

(Copy of the Complaint to SHO, MLO letter, Medical Certificate, and Pictures of injuries are attached herewith as Annexure “B to E”).

That seeing that there is no recourse of reconciliation and that the Respondent is not a person conducive enough to continue matrimonial relations in harmony and coupled with the fact that the Respondent is an abusive person who has physically assaulted the Petitioner being a helpless woman, the instant complaint is being preferred. The concerned PS has also failed to take any cognizance into this matter and a repeated complaint has also been moved to the by-complainant dated 12.03.2024 

(A copy of the second Complaint by the Petitioner to SHO along with TCS receipt is attached herewith as Annexure “F & G“).

Therefore having no effective remedy and upon due consultation with the well-wishers who were duly apprised by the Petitioner that she will be filing the instant case and no reconciliation efforts can remedy the physical and mental injuries done to the same, the instant complaint is being filed  

LEGAL GROUNDS:

That Section 7 empowers this Court to entertain complaints filed under Section 7 of the Domestic Violence Act, as the ‘Court’ defined in the said act under section 2(1) (d) is a court of Judicial Magistrate of the first class. 

That this Court is empowered to grant protection orders to the aggrieved person under section 11 of the said Act and restrain the Respondent from committing any act of domestic violence; moreover, section 11(2)(c) empowers this Court to direct the Respondent to secure alternative accommodation for the Petitioner or if the circumstances so required to pay the rent for the same, as the Petitioner does not feel safe living with the Respondent in his house anymore. 

That Section 11(3) provides that the court may require from the Respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence. 

That this court is empowered to grant interim orders, at any stage of the proceedings, even before issuing notices to the Respondent under section 10(1) of the said Act. 

That this Court is also empowered to grant monetary relief under Section 12 of the said Act to the Petitioner for maintenance of herself and loss of earnings, and medical expense. 

PRAYER:

In the light of above, this Hon’ble Court may be pleased to grant the following prayers to the Petitioner:

Grant interim protection order against the Respondent; thereby restraining him from committing any act of violence. 

Grant interim protection order against the Respondent; thereby directing him to secure alternative accommodation for the Petitioner or pay rent.

Direct the Respondent to execute a bond to prevent the commission of domestic abuse.

 Punish the Respondent for committing the offenses mentioned in Section 5 of the Domestic Violence Act. 

Grant monetary compensation to the Petitioner under Section 12 of the Domestic Violence Act to the tune of Rs. 50,00,000/- (Five Million) as damages for injuries suffered both physically and mentally from the Respondent. 

Direct the Respondent to pay maintenance to the Petitioner under Section 12 (1) (e) of the Domestic Violence Act as settled by this Hon’ble Court and for that manner if permitted by this Court a separate application will be preferred. 

Custody of the children remains with the petitioner under section 13 Subsection (a) 

Karachi 

Dated ___________ ADVOCATE FOR THE PETITION

VERIFICATION

I, Mrs......... Wife of Mr......, adult, Christen, R/O Flat No. , Karachi, do hereby verify on oath that whatever is stated in the foregoing paragraphs of this application is true and correct to the best of my knowledge,  belief and information. 

Documents filed;

Documents relief upon;                     Above & other relevant documents. 

  As in the title:

Address of the Petitioner

Address of the Advocate of the          

Defendants

.

Drafted by me.

ADVOCATE GHULAM ABBAS GOYAL 

IN THE COURT OF XXVIII C.J & JUDICIAL MAGISTRATE AT KARACHI (EAST)

DOMESTIC VIOLENCE COMPLAINT NO. ________ OF 2024

PETITIONER/AGGRIEVED PERSON

 

VERSUS

1. Mr.......

…. RESPONDENTS 

2. Station House Officer

                                                                                                                                     …. STATE 

  LIST OF WITNESSES

1.

2.

3.

                                   

Karachi

Dated PLAINTIFF

                                  ADVOCATE FOR THE PLAINTIFF

IN THE COURT OF XXVIII C.J & JUDICIAL MAGISTRATE AT KARACHI (EAST)

DOMESTIC VIOLENCE COMPLAINT NO. ________ OF 2024

                                       PETITIONER/AGGRIEVED PERSON

 

VERSUS

1. Mr... 

…. RESPONDENTS 

2. Station House Officer

                                                                                                                                     …. STATE  

                     AFFIDAVIT

I, Mrs....... Wife of Mr......, adult, Christen, R/O Flat No. ......, Karachi,

That I am the petitioner in the above case hence am fully conversant with the facts of the case.

That I say that this complaint application is filed under my instruction

That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi

Dated     DEPONENT