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Ankur   13 January 2017

Sample response to false allegations dv and 125

Hi,

Can someone please guide me / provide me sample response that I can use to fight all false cases filed on me?

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.

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.

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.

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.

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.

 

Regards,
Ankur



Learning

 4 Replies

Ankur   13 January 2017

1. We were not rude or unfair and we do not demand any dowry. Infact, I am also against of dowry.

2. Not ture. We have never beaten her.

3. Not true.

4. She deserted us on July and not in Aug. She has all her Stridhan and all other articles recieved as gifts have been returned.

5. Not ture till she is with us. Not sure if she started making false bills when she deserted me. Her father is also a Dr. so it can be very easy for her.

6. Not true.

7. Never happened from their side.

8. she is well qualified and she should not sit idle to just take maintenance from husband by putting false allegations.

9. 10. and 11. false.

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     13 January 2017

Each allegations will need specifc reply by either accepting or denying. 

Ganesh Nair (Employed)     13 January 2017

I totally agree with autohide. I am not a lawyer but a victim like you sir.  My DV case hearing has just begun. Each one of these sentences they are lying through the teeth. Why would any judge believe that her ell phone was taken away? Or that she was kept locked inside the house. She was beaten with fists and sticks and her doctor father kept quiet? May be everyone wants to make sure that they are  all Abala Naari supporters.

Write all  your facts clearly and be bold . I do not think you should keep any of these objections  for the evidence stage. Protest now  and right now. Once a heavy maintenance is slapped on you , nothing will make any difference. I really do not understand why even the learned lawyers also ask their clients if she wife, to slap DV 498 a and other cases. Protecting the client is fine , but these kinds of allegations......

1 Like

Ganesh Nair (Employed)     13 January 2017

Hello everybody,  and Ankur, 

just go through the answer in KAANOON under the head SCHIZOPHRENIA and you will be shocked to read the answers given by a lawyer. I am not at all against lawyers protecting the interests of the clients but this advise is a little too much . The brother of the girl himself is asking whether his parents would be put behind bars for not disclosing the mental condition of the girl.  In turn  the lawyer blatantly tells him to file a 498a on the hapless family. Ok agreed you can defend your situation  for the sake of the future of the girl. I am at a loss as to who is winning or who is going to lose in these kinds of unethical wars , should I say?  So here anything is fair if you don't have love in your heart. What is the said lawyer going to do If such a fate befalls on one of the men o f his family? I know there is no room for sentiments here. But we are all human after all?

 


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