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Sample response to false allegatios dv and 125

(Querist) 13 January 2017 This query is : Resolved 
As many of users reporting the attachment is missing and I cannot attach the one in this, I have pasted the contents in plain text in below replies. Please have a look.

Hi,

I have attached the false allegations made. Can you please guide me / provide me sample response that I can use to fight all false cases filed on me.

Regards,
Ankur
Ankur (Querist) 13 January 2017
Allegations made are:

1. That from the initial stage of marriage the behavior and attitude of the respondents was very rude, unfair, and uncooperative towards the complainant. The respondents started to harm and harass the complainant on account of bringing insufficient dowry and use filthy and abusive language and taunting has become their habit. But the complainant tolerated all their misbehavior with hope that a better sense will prevail.

2. That the respondents compelled the complainant to bring her share in the property of her father. The respondents threatened the complainant to bring money from her father as they have to construct the house otherwise they would not allow her to make contact to her father but the complainant showed her inability to fulfill their demand and since then they snatched her phone and did not allow to make call to her parents and she was confined in the house like a captive and did not provide meal properly and they started torturing her physically and mentally. Whenever respondent no. 4 visit the matrimonial house of complainant, she alongwith respondent no. 3 used to beat the complainant brutally.
Ankur (Querist) 13 January 2017
3. That whenever the parent or brother of complainant visit the matrimonial house of complainant, the respondents used to utter filthy and abusive language against them and bent upon to scuffle with them.

4. That when the health of complainant became deteriorated due to torture and harassment by the respondents, the respondent no. 2 in order to evade themselves from providing medical treatment to the complainant, dropped the complainant at the threshold of her parental house in the month of Aug 2016 while the complainant was pregnant of four months. The respondents threatened that until and unless she bring the money or share in her father's property she need not to enter in the matrimonial house. The respondent snatched all the jewellery / ornaments of the complainant.
Ankur (Querist) 13 January 2017
5. That due to depravity / torture / harassment caused by the respondents the complainant turned into depression and the complainant needs more care and diet at this state of her pregnancy.

6. That the respondent no. 1 has neglected to maintain the complainant without any reason, whereas the respondent no. 1 is duty bound to maintain the person and property of the complainant.

7. That the complainant and her family members with the help of some respectable person of the society have tried their best to resolve the matter but no fruitful result was come out.

8. That the complainant has got no sufficient source of income for meeting out the daily expenses of live.

9. That the respondent no. 1 did not care to maintain the complainant in-spite of repeated requests and has refused to maintain the complainant without any sufficient cause.
Ankur (Querist) 13 January 2017
10. That the respondents have taken all the jewellery / ornaments and valuable items of the complainant under their custody and also restricted the complainant from using household articles. When the complainant raised the objection on it. The respondents gave merciless beating.

11. That the respondent no. 1 has completely failed to discharge his obligations towards his wife and has refused to maintain the complainant.
Ankur (Querist) 13 January 2017
Incident of domestic violence (as written in the summon)

Since marriage till date by the Respondents : given several beatings by the respondents

Verbal and emotional abuse since marriage till date by the respondents : Yes

Accusations and aspersions on the character and conduct of aggrieved

Demeaning humiliating and under mining remarks / statement to the aggrieved.

Prevented the aggrieved from leaving the house under necessary jobs.

Prevented the aggrieved from meeting her relatives.

Beating by fists and sticks and giving other kind of physical torture to the aggrieved

Economic Violence:

Since marriage till date, respondent forced to oust the aggrieved from the house.

2. Since marriage till date by the respondents

Not allowed to use her Stridhan

Did not provide financial help from the earnings of her husband and joint assets.

Relief that the aggrieved need under the protection of women from DV Act 2005 are 18, 19, 20, 22.


R.K Nanda (Expert) 13 January 2017
samples not supplied.
Ankur (Querist) 13 January 2017
I was asking for sample responses to the allegation made.
Rajendra K Goyal (Expert) 13 January 2017
Samples / Template / Formats / drafts / not provided in this section.

No standard response possible.

Take help of local lawyer.
Ankur (Querist) 13 January 2017
Hi Rajendra

have you view my replies? I have put the allegations there in points.
adv.bharat @ PUNE (Expert) 15 January 2017
You can defeat these allegation based on real fact of case that you know very well.
Ankur (Querist) 15 January 2017
@adv Bharat,

Thanks for your reply, can you please provide some responses... for not only fighting these false cases against me and my family but also for the interim maintenance / relief that she asked for.
Ankur (Querist) 19 January 2017
Still waiting for responses.
Ms.Usha Kapoor (Expert) 28 June 2018
Agree with Rajendra Goyal.


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