BEFORE THE COURT OF DISTRICT AND SESSION JUDGE,

KANPUR
Complaint Case No. OF 2019

MEMO OF PARTIES
1. Narinderjeet Kaur
W/o Sarabjit Singh
R/o 111-A/12, Ashok Nagar
Kanpur-208012 ...Complainant No.1

2. Ishpreet Kaur
D/o Sarabjit Singh
R/o 111-A/12, Ashok Nagar
Kanpur-208012 ...Complainant No.2

Versus
1. Sarabjit Singh
S/o Jaswant Singh
R/o 4, Gurutegh Bahadur Ext,
Jalandhar, Punjab ...Respondent No.1/
Husband

2. Paramjeet Singh
S/o Jaswant Singh
R/o 4, Gurutegh Bahadur Ext,
Jalandhar, Punjab ...Respondent No.2/
Brother-in- law

3. Saravjit Kaur
W/o Paramjeet Singh
R/o 4, Gurutegh Bahadur Ext,
Jalandhar, Punjab ...Respondent3/
Brother-in-law’s wife
 4. Kunwarbir Singh
S/o Paramjeet Singh
R/o 4, Gurutegh Bahadur Ext,
Jalandhar, Punjab …Respondent No.4/
Brother in law’s son

COMPLAINANTS

THROUGH:

Advocate for Complainant

Jurisperitus Lex LLP
Place: Kanpur B-14, LGF, Jungpura Extension
Dated: New Delhi-110014
 BEFORE THE COURT OF DISTRICT AND SESSION JUDGE,
KANPUR
Complaint Case No. OF 2019

IN THE MATTER OF:

Narinderjeet Kaur & Anr. ...Complainant
Versus
Sarabjit Singh & Ors. ...Respondents

COMPLAINT UNDER SECTION 12 R/W SECTION

18,19,20,21 & 22 AND FURTHER READ WITH RULE 6(1)

FORM-II OF PROTECTION OF WOMEN UNDER

DOMESTOC VIOLENCE ACT, 2005 (43 OF 2005) SEEKING

PROTECTION ORDER, MONETARY RELIEF AND

COMPENSATION ORDER RESPECTIVELY:

1. That the present Complaint is being filed by the aggrieved wife/

Complainant No.1 and her daughter/ Complainant No.2 against the

Respondent No.1/ husband of Complainant No.1, Respondent No.2 /

brother-in-law of the Complainant No.1, Respondent No.3/ brother-

in-law’s wife and Respondent No.4/ son of brother in law.

2. That the marriage between the Complainant No.1 and the

Respondent No.1 was solemnized on 20th April, 1997 at Guru Tegh

Bahadur Gurudwara, Jalandhar according to Sikh rites and customs,

out of this wedlock two children were born namely Ishpreet Kaur/

Complainant No.2 born on 07.10.1998 & Prabhjot Singh / son of

Complainant No.1 (herein after referred to as ‘Prabhjot’) born on

 25.08.2002, who have been constantly forced by the Respondents

No.1, 2, 3 & 4 to live in confinement for over 40 days in Canada at

their house and have faced severe violence from the Respondents

No.2 and 4 while being there. The Complainants along with Prabhjot

managed to escape and save their life from the Respondents at

Canada only with the help and support of their maternal family.

3. That the Complainant No.1 and the Respondent No.1 had an arrange

marriage and the parents of the Complainant No.1 had given

sufficient dowry articles in the marriage, including the jewellery

ornaments, costly appliances and other house hold items and gifts.

But to the shock and dismay of the Complainant No.1, the

Respondent No.1 immediately after the marriage retorted that he is

dissatisfied with the dowry and cash brought by the Complainant

No.1. This made the Complainant No.1 realized this fact at the very

beginning of the marriage that the person she has married is a dowry

lusted person.

4. That from the beginning of this marriage the Complainant No.1 has

been treated with utmost cruelty by the Respondent No.1, 2, 3 and

their other family members. The Respondent No.1 used force

himself upon and assault the Complainant No.1 to have connubial

relation without realizing or caring for her feelings, even at the times

when she was not well/ill. Also from the very next day of marriage

the Complainant No.1 was forced to get involved in the day to day

chores of the household like dusting, cleaning, cooking and washing

 utensils and clothes of all the Respondents and their family members

all by herself without any aid even from other female members of

the household of the Respondents.

5. That after the solemnization of marriage the Complainant No.1

started living with the Respondents No.1, and other in laws in their

joint family house at Jalandhar.

6. That the in laws of the Complainant No.1 including elder brother in

law, his wife and younger brother in law and other family members

of the Respondent’s family showed their dissatisfaction and from the

very beginning of the marriage they started mistreating and torturing

the Complainant No.1 with cruelty, they also used to tell the her that

they feel betrayed by her family members and their reputation has

been damaged in the society. The Respondents also warned the

Complainant No.1 that unless she brings good amount of cash and

dowry they will not accept her and will not allow her to settle in the

married life with Respondent No.1, she will have to live and work in

their house as a servant for the rest of her life and if she bears any

child they will also have the same fate.

7. That the Complainant No.1 has always been treated like a house

maid by the Respondents including her own husband who used to

come to Complainant No.1 only over his whims to satisfy his canal

desires. The Respondent No.1 never had any emotional connect with

the Complainant No.1 and has always taken side of Respondents and

his brothers, in their decades old relationship with Complainant No.1

 Respondent No.1 have never even asked the Complainant No.1

about her health or wellbeing.

8. That after the birth of Complainant no.2, the Complainant No.1

thought the things will become fine with time and she might be able

to live a better life with Respondent No.1 and his family members

but the situation never changed, the Respondent No.1 was always

busy and never had any time for his kids and his wife, he has never

even bothered to ask the Complainants about the problems they

were facing in the family, over the top it, if the Complainant No.1

tried to tell Respondent no.1 about any problems or torments faced

by her or her children, The Respondent No.1 used to blame the

Complainant No.1 that she is trying to break his family and make

them to be separated.

9. That the Respondent No.3 and Respondent No. 4 have always

mistreated the Complainant No.2 since her childhood. In Aug 2014,

the Complainant No.2 made an id on social media the Respondent

No.4 came to know that someone he knew liked something posted

on the profile of Complainant No.2, he told the Respondent No.2

and the matter escalated so quickly that that the Respondent no.2

called other family members to thrash her, so everyone in the family

came and started beating her with belts, shoes, and other things in

their hand. On that day Respondents and their family became so

violent that the Complainant No.1 who was working in kitchen

 unaware of all this chaos had to rush in between which caused her to

have several injuries over her body.

10. That the Respondent No.1 possesses a very suspicious and short-

tempered nature. In 2014 the husband of Complainant No.1’s sister

came to Canada. Whenever he used to visit the Complainants at their

house the Respondent No. 1 used to become suspicious of him, even

the Complainant No.2 was not allowed to go on a walk with him.

The suspicious nature of the Respondent No.2 was so extreme that

he used to keep a tab on the Conversation of the Complainant No.1

even with her sister. The complainant once went a homeopathic

doctor in who usually take down all case histories for which they are

required to talk with the patient in privacy as they keep it

confidential. The Respondent No.1 even suspected the doctor and

when Complainant No.1 came out of the doctor’s chamber he said

wrong things about him as well.

11. That in 2017 while living in Canada the Respondent No.3 was

diagnosed with cancer. The Complainant no.1 selflessly nursed her

along with all other household work for other family members. It

was very hectic for Complainant No.1 to manage all the house hold

work and to also look after the Respondent No.3 at the same time;

she pleaded everyone in the family to at least either hire a nurse or

 any domestic help but no one listened to her. Also because of the

news of illness on the Respondent No.3 there were lots of guests in

the house to meet her, the Complainant No.1 used to attend the

guests, do all the daily house hold chores, prepare food, clean

clothes of all he Respondents and other members of the house and

also look after the Respondent no.3, inspite of doing all these hard

work and giving her 100% to her family the Respondent No.2 & 3

used to taunt the Complainant no.1 that she is careless , she is of no

use in the family and must kill herself. All this cruelty took toll on

the Complainant No.1’s physical and mental health, she became very

week physically and went in to depression after while being with the

Respondents in their house at Canada.

12. That in January 2018 the Complainant No.1 on a strict note told the

Respondent No.1 about the problems she was facing along with her

children and even told the Respondent No1 that the Complainant

no.1 was living with him on for the sake of her children and that

Respondent no.1 must shift his focus on the children and give them

his time and attention, but all this vent in vain, the Respondent No.1

never changed his adamant attitude.

13. That again on April 24th 2018 while on the way to pick Complainant

No.2 from her University which was 4 hours’ drive away from the

house, the Complainant No.1 told the Respondent No.1 about the

behavior of other Respondents towards the Prabhjot, Complainant

No.1 and 2 in detail, the Complainant no.1 also told that if she dies
 because of the behavior of Respondents No.2, 3 & 4 then the

Respondent No.1 must give their kids to her maternal family and not

keep them with the Respondents.

14. That the episodes of humiliation & mental torture with taunts and

calling name to the Complainant continued but on June 10th 2018,

while the Complainant No.2 was talking to her friend on phone

complainant No.4 bashed her with belt and threatened her to if she

ever will talk to any of her friend on phone while being in house

then he would kill Complainant No.2.

15. That on November 4th 2018, Complainant No.2 went to a concert

while being in Canada with her college friends where she had some

drinks. Unfortunately the Respondent No.1 came to know about this

while being in India, he sent the Respondent No.2 & 4 to bring

Complainant No.2 back to the house. The phones and laptop of the

Complainants were taken away from them and Prabhjot and endless

episode of torture and cruelty was unleashed on the Complainants by

the Respondents. The Respondent No.2 & 4 started thrashing the

Complainants with whatever they got their hand on be it badminton

racquet, belt, stick, rod and even shoes. This continued for 4 days

and stopped only after the constant involvement of Prabhjot, the

Complainants were not given food or water till that time, the

Respondent No.2 & 4 bashed the Complainants at their whim

whenever they wanted to, after the 4th day the beatings stopped but

constant verbal humiliation continued. The Respondent No.2 and

 Respondent No.3 said many disrespectful things to the Complainants

which had made a deep psychology scar on Respondent No.2 and

Prabhjot.

16. That the Complainant No.1 told the Respondents to allow her to go

back to India with her kids as it became unbearable for her to reside

in that house with the Respondents. On this pretext the Respondent

No.1,2&3 started talking rubbish about the maternal family of the

Complainant No.1. The Respondent No.1 & 2 also threated the

Complainant No.2 about harming her parents and siblings, they also

told the Complainant No.1 that she cannot leave the house and she

will have to live in the same house but like a divorcee who will do

all the household work.

17. That the Respondent No.2 told the Complainant No.2 to either end

her life or go live somewhere away from their family and bring a

man for Complainant No.1 as her Husband/ Respondent No.1 was in

India but whatever Complainant No.1 does she would not be allowed

to go out of their house. The Respondent No.1,2,3 & 4 barred the

Complainants from using phones so they could not tell any of these

to their paternal family in India.

Where in Complainant No.1 from 7th nov to 19 dec ?

18. That from November 7th 2018 to December 19th 2018 the

Complainants lived in Canada with the Respondent No.2&4 scared

to death counting every second of their life to get out of that house
 because every day either ResopndentNo.2 or Respondent No.3

used come up with some new issue to scold and thrash the

Complainant No.2. The Respondents also barred the Complainant

No.2 from going to her University, except to take her exams for

which she was escorted with the Respondent No.2 who used to sit

outside her exam hall and keep a watch on the Complainant No.2.

19. That all this while the Complainants were constantly given death

threats, the abusive language and humiliation faced by the

respondents were beyond measurer. The Respondent No.1 AND

Respondent No.3 were India at that time but they never failed to

call and abuse and harass the Complainants on phone. The

Respondents used to call names like prostitutes, drug addicts, etc.

to the Complainant.

20. That on phone Respondent No.1 told Respondent No.2 to kick

Complainant no.2 to death, to push her off a bridge, or to poison

her to death. The Respondent No.3 kept repeating about the bad

character of the Complainants, and that the Complainant No.2 has

ruined her life. Not only this this Respondent No.4 told the

Complainant No.2 to commit suicide.

21. That the Respondent No.4 used to torture the Complainant no.2

physically on 16 November 2018. The Respondent No.4 hit the

Complainant No.2 so hard that he almost broke her nose , her nose

started bleeding , the situation of the Respondent No.2 became so

bad after that incident that she could not look in light for the whole
 week, she became so nauseous that that she started having constant

headache. The Respondent No.4 took the bank password of the

Complainant NO.2 and transferred all her money into his personal

account.

22. That the Respondent No.4 took Respondent no.2 to a the doctor to

get a medical note for why she was missing college and went inside

the exam room to make sure that the Respondent No.4 doesn’t

reveal anything to the doctor that would get him into trouble.

23. That after two weeks of ceasure the Respondent No.4 returned the

Complainant No.2 her laptop with a spyware installed on it and he

kept monitoring the emails of the Complainant no.2 to make sure

that she does not talks to anybody and gets help from the outside

of the house. The Respondents still have kept the phone of

Complainant No.2 and they keep checking it often to see her

friend’s messages and photos clicked by the Complainant No.2

over two years that she spent living away from home.

24. That the Respondent no.2 and 4 also created a ruckus at the house

of a friend of Complainant no.2 by going over to her family and

revealing how she has been drinking and partying with the

Complainant No.2 and it did not end there they also went to the

hostel of the college and caused a commotion there as well in front

of all the students.

25. That while all this incident happened the Respondent No.1 was

fully aware of the situation but he never stood up or spoke for his

own daughter and wife, instead he told the Respondent No.2 that he

could take any decision he want for the life of the Complainants,

Respondent No.1 told Respondent no.2 if he can kill the

Respondents, throw them out, disown them or keep them as a slave

in the house the Respondent no.1 will agree to his decision for the

Complainants.

26. That on hearing the above stated conversation between the

Respondent No.1& 2, the Complainant No.1 finally realized that

she cannot stay in that house or even with her husband any longer

as they would never let the Complainants and Prabhjot live

peacefully with self-respect.

27. That on 19th December the Complainants and Prabhjot came to

India and on that date as well the Respondent No.1 called the

Complainants and told them that they must take poison and die as

they are not doing the right thing by going back to paternal home at

Kanpur, India.

28. That one month after the Complainants and Prabhjot came to India

on January 23rd 2019 the Respondent no.1 finally showed up for the

first time after all this commotion. The Respondent No.1 created a

ruckus, got volatile and threatened self-harm.

29. That all on January 30th all the Respondents appeared unannounced

at Kanpur and created a commotion before the paternal family of

the Respondent No.1

30. That on April 20, 2019 the Respondent No.1 once again appeared

to reconciliate with the Complainant No.1 as it was their marriage

anniversary, but the Respondent No.1 started trying to manipulate

Prabhjot thinking the Respondents will not find out. When the

Complainants confronted the Respondent No.1 he as per his usual

nature became aggressive again. For the next two days the

Respondent No.1 went around the city trying to defame the

Respondents.

31. That on August 21st 2019, before going back to Canada to complete

her studies, the Complainant No.1 tried to make a last attempt to

reconcilliate her parents but the Respondent No.1 showed his true

colors he once again involved the Respondent No.2 & 3 in to this

and started badgering the Complainant No.1and her paternal family

for sending the Complainant No.2 back to Canada for completing

her education without consulting the Respondents. The

Respondents were not having any remorse for what happened in

Canada from November to December 2018 and blamed the

Complainant No. 2 for everything and said that the Respondents

must have killed Complainant back there in Canada.

32. That the Complainant No.1 along with complainant No.2 and

Prabhjot came back to live with her parents in January 2019,

leaving behind all ther documents, educational certificates,

experience certificates and other belongings at the Respondent’s

house. All this while when the Complainant No.1 has been staying

with her parents, neither the Respondent No.1 nor any of his family

members ever inquired about the well-being of the Complainants.

Now the Complainant No.1 is very sure that she no longer wishes

to continue in this marriage where she was never welcome and the

Respondent No.1 and his family members treated her and her

children with utmost cruelty and there is no semblance of marriage

left.

33. The Complainants along with minor son Prabhjot has suffered a

great mental setback, trauma, pain, agony, bind, the Complainant

No.1 is still under deep mental depression and has totally shattered

and broken up, she is unable to maintain her self upto the desired

standards.

34. That the Respondent No.1 is very wealthy person and is

deliberately not providing his family the means to survive on their

own.

35. That the Complainants requires maintenance of at least Rs.

20,00,000/-(Rupees Twenty Lakh Only) per month and the

 Respondent No.1 is capable to pay the same, but is deliberately &

intentionally avoiding and neglecting to maintain the Complainant..

36. That besides the cruelty done upon the Complainants, the domestic

violence with the aggrieved were made in various other forms

which are described hereunder in tabular form of DIR U/s 9(b),

37(2)(c), r/w Rule 5(1,2, 17(3) and in form –I of the Act.

1. Details of the complainants /aggrieved person:

a) Name of the complainant/aggrieved person: Narinder Jeet Kaur

b) Age : 44 years
c) Address of the shared household :

d) Present Address : 111-A/2, Ashok Nagar Kanpur-208012

e) Phone Number, if any :

2. Details of Respondents :

Sl. Name Relationsh Address Telephone

No.
ip with the No. if any
aggrieved
person
Sarabjit Singh Husband
111-A/2, Ashok
1.
Nagar Kanpur-
208012
Paramjeet Brother-in-
4, Gurteg
Singh law
Bahadur Extn.,
2.
Jllandhar
Punjab
Saravjeet Wife of
4, Gurteg
Singh Brother-in-
Bahadur Extn.,
3. law
Jllandhar
Punjab
4. Kunwarbir Nephew
4, Gurteg
Singh
Bahadur Extn.,
Jllandhar
Punjab

3. Details of children, if any, of the aggrieved person :

a. Ishpreet Kaur age 21

b. Prabhjot Singh age 17 years.

4. Incidents of domestic violence:

Sl. Date, place Person who Types of Remarks

No. and time of caused violence
violence domestic
violence Physical
violence
1. All d
Respondent Physical & Mental
s
2. All d
Respondent Physical & Mental
s
3. d
Physical & Mental

4.
Mental

5. d
Economical &
Mental

II SEXUAL VIOLENCE

 Forced sexual
intercourse

 Forced to watch
pormo- graphy
or other obscene
material

 Forcibly using
you to entertain
 others

 Any other act of

sexual nature,
abusing
humiliating,
degrading or
otherwise violative
of your dignity
(please specify
details in the space
provided below)

II VERBAL AND EMOTIONAL ABUSE

Accusation/aspersi
on on your
character or
conduct, etc.
Insult for not
brining dowry, etc.
 Insult for not
having a male
child
 Insult for not
having any child
 Demeaning,
humiliating or
undermining
remarks/
statement
 Ridicule
 Name calling
 Forcing you to not
attend school,
college or any
other educational
institution
 Preventing
you from
taking up a
job
 Preventing
you from
leaving the
House
 Preventing you
from meeting
any particular
person
 Forcing you to
 get married
against your will
 Preventing you
from marrying a
person of your
choice
 Forcing you to
marry a person of
his/their own
choice
 Any other
verbal or
emotional
abuse
(please specify in
the space
provided below)

III ECONOMIC VIOLENCE

Not providing
money for
maintaining you
or your children
Not providing
food, clothes,
medicine, etc.,
for you or your
children
 Forcing you out
of the house you
live in
 Preventing you
from accessing
or using any part
of the house
Preventing or
obstructing you
from carrying
on your
employment
 Not allowing
you to take up an
employment
 Non-payment of
rent in
case of a rented
accommodation
 Not allowing you
 to use clothes or
articles of
general
household use
 Selling or
pawing your
stridhan or any
other valuables
without
informing you
and without
your consent
 Forcibly taking
away your
salary, income
or wages etc.
 Disposing your
stridhan
 Non payment of
other bills such
as electricity, etc.
 Any other
economic
violence
 (Please specify in
the space
provided below)

(iv) DOWRY RELATED HARASSMENT

 Demands for dowry

made, please specify:
 Any other detail with
regard to dowry, please
specify
Whether details of dowry
items, stridhan, etc.
attached with the form.
 Yes

 No
(iv) Any other information regarding acts of domestic violence
against you or your children-

(Signature or thumb impression of the complainant/aggrieved person)

5. Order that you need under the Protection of Women from

Domestic Violence Act, 2005.

S. Orders Yes/No Any other

No.
(1) Protection order under section 18
(2) Residence order under section 19 Yes

(3) Maintenance order under section Yes

20
(4) Custody order under section 21
(5) Compensation order under Yes
section 22
(6) Any other order (specify)

6. Assistance that you need

S. Assistance available Yes/No Nature of assistance

No.
(1) (2) (3) (4)
(1) Counsellor
(2) Police assistance
(3) Assistance for initiating
criminal proceedings
(4) Shelter home
(5) Medical facilities
(6) Legal aid
 PRAYER

It is prayed that this Hon’ble Court may take cognizance of the Present

Complaint and pass all/ any of the orders, deemed necessary in the

circumstances of the case.

a) Pass protection orders under Section 18 and/or

b) Direct the Respondent No.1 to pay monetary relief under

Section 20 and/ or

c) Direct the Respondent to grant compensation or damages under

section 22 and/or

d) Pass such interim orders as the court deem just and proper;

e) Pass any order(s) deem fit in the circumstances of the case;

ORDERS REQUIRED

i. PROTECTION ORDERS UNDER SECTION 18

a. Prohibiting the respondents from any form of communication

by the aggrieved.

b. Prohibiting alienation of assets by the respondents i.e. her

stridhan, jewelry, car in the name of the Respondents to escape

from their liability towards the Complainant. In addition to this

direct the Respondent No.1 to handover all the educational

certificates and experience certificates along with other

important documents of the Complainant kept in custody of

Respondent No.1.
 c. Directing the Respondents to stay away from the relatives and

the aggrieved person to prohibit violence against her.

ii. RESIDENCE ORDERS UNDER SECTION 19(F)

a. Directing the Respondents to pay Rs. 30,000/- (Rupees Thirty

Thousand Only) per month for the rent of separate

accommodation for the Complainant.

iii. MONETARY RELIEFS UNDER SECTION 20

a. Compensate for the amount/ value of stridhan including cash

taken till date i.e. total Rs. 10,00,00,000/- (Rupees Ten Crore

Only).

b. Pay for loss of physical, emotional, mental and economical

injury caused to the Complainant since marriage Rs.

50,00,00,000/- (Rupees Fifty Crore Only).

c. Pay for present litigation expence of Rs. 10,00,000/- (Rupees

Ten Lakh Only).

d. Direct the Respondent No.1 to pay the Complainant an

amount of Rs.10,00,000/- (Rupees Ten Lakh only) per month

for her maintenance.

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

placed to grant the relief(s) claimed herein and pass such order(s) as this

Hon’ble Court may deem fit and proper under the given facts and
circumstances of the case for protecting the complainant from domestic

violence in the interest of justice.

COMPLAINANTS

THROUGH:

Advocate for Complainant

Jurisperitus Lex LLP
Place: Kanpur B-14, LGF, Jungpura Extension
Dated: New Delhi-110014