Hi Seniors,
My lovely filed Domestic violence 2005 case. She lied about her salary and other details and asking me following data .
1. Please, can someone give pointers how to intelligently handle this in reply to her application. She has put all vague details.
2. And asking data of dates (or years ) prior to marriage.
3. What should be my strategy… she is lieing about her details but wants all my correct readily available data…
4. Also, she has not given interim maintainace application but in this she mentions about interiam maintenance. She is getting more than 50k in hand as salary but lied in DV case that she has small salary …
Please, suggest how to defend this intelligently…
Thanks,
Phoneix..
BEFORE THE HON’BLE xxxx MAGISTRATE xxxx xxx, xxxx AT xxx
Criminal Mise, Application No. xxxxx
Ms. Xxx xxx xxx ……..APPLICANT
VERSUS
MR xxx xxxx xxxx ……..RESPONDENTS
AND OTHERS
APPLICATION UNDER ORDER 11. RULE 14 OF CODE OF CIVIL PROCEDURE, 1905
Application filed on behalf of the Applicant is as follows That the Applicant states and submits that the Applicant has filed the present application against the Respondents herein under the provisions of Protection of women from Domestic Violence Act. 2005. That the Respondent has appeared in the matter and denied all in WS. Applicant herein has claimed in her application for interim maintenance that the Respondent got xx chunk of amount per month. (this is totally big and false number). However, the Respondent denied. Applicant has huge amount of property, shares,fds, flats. And denied that. With this view financial status of Respondent is needed to decide the quantum of maintenance, it has become just, fair and expedient, in the interest of Justice and equity that the Respondent needs to be directed to produce the following documents-
1. Bank statement of Respondent No. for last three years
(i) xxx Bank
(ii) xxx Bank
(ii) xxx Bank
(iv) xxxx bank
(v) xxxx Bank
(vi) xxx Bank
2. Documents pertaining to investments made by the Respondent in fixed deposits in Banks namely HDFC, xx, xx, State Bank of India,xxx,xxx,xxx and xxxx.
3. Salary slip of the Respondent for last six month issued by his company
4. Service contract with the Company of xxxx xxxx Pvt Ltd.
(v) Documents pertaining to investments made by the Respondent in shares, debentures, mutual funds etc. Share certificate in respect of shares in the company of xx xxxx and xxx xxxx company
(vii) Property Card Seven Twelve Extract of the land of the Respondent situated at near xxx xxx highway, Xxxx.
(viii) Property Card Seven Twelve Extract of the land of the Respondent situated at xxxx .The 712 Extract and other revenue records of land which owned by Respondent herein at village xxx , xxx, District xxx
2. the details of share certificates of the shares held by the Respondent in the xxx xxx Company and xxx .
Property card Index II of the flat situated at xxxx.
3. 7/12 Extract/Property card and other revenue records of the land and house situate at xxx,xxx .
4. List of tenant and their leave and license agreement, who used reside in the Respondent's house situated at xxx , Xxxx
--Form 6 and 12 B of the Respondent
5. Details of LIC Policy of the Respondent. The receipts of Fixed Deposits made by the Respondent in his name
6. Income tax returns filed by the Respondent with the Income Tax Department for the past five financial years. (when marriage was just for 6 months.. still she asking for 5 years of data ! )
(xviii)All the title deeds, documents and agreements in respect of purchasing, acquiring, etc. of lands at various places, in the name of the Respondent No. That the production of the above mentioned documents on the part of the Respondent herein is necessary, in order to determine the quantum of interim p maintenance payable by the Respondent to the Applicant. It is pivotal to note that the respondent is liable to pay the maintenance to the Applicant, according to his status. Therefore, in order to ascertain his true income and financial status, it has become just, fair, proper, necessary and expedient in the interest of justice and equity that the Respondent be directed to produce above mentioned documents. Hence, application for the reliefs, as prayed for.
PRAYER
4. That the Applicant therefore, most humbly prays
(a) that the Respondent may kindly be directed to produce the documents mentioned in paragraph above;
(b) for any other just and reasonable orders to meet the ends of Justice.
Xxxx
Date: xx xxx, 2014
APPLICANT
Xxx xxxx
Advocate for the Applicant
