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Best way to fight against false domestic violence

Page no : 3

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     15 August 2015

PO - ORDER VII RULE 11

 

Order VII Rule 11 is NOT applicable in PWDVA'2005. It comes under CPC & used in Family Courts. Order VII Rule 11 is regarding NO CAUSE OF ACTION. But if you have already filed Order VII Rule 11 Prel Obj (PO) in Divorce based on cruelty filed by her then learn how to use that as a PO in DV (by way of reference).

 

NOTE:- Order VII Rule 11 relates to no cause of action. If wife says that my husband threatened to kill my brother but you have some written proofs or recordings in which wife admits that she is happy & that her brother threatened to kill u i.e., something of an exactly reverse picture then that is where we use Order VII Rule 11 (An Example). Further, Order X is also used in CPC alongwith Order VII Rule 11 application to EXAMINE the petitioner who filed Divorce based on Cruelty. (i.e., her admission or denial is asked wrt that/ those evidences put by you)

 

Now, understand how to use that PO which you used in CPC (Family Court) to put here as a reference in DV.

 

That the complaint in the present form filed by the complainant is not maintainable as the complainant has no cause of action in her favour & against the respondents as such this application is liable to be dismissed as per provisions under order 7 rule 11 CPC (annexure 616 to 625)

 

Annexure 616 to 625 is the Order VII Rule 11 application which u filed in Divorce filed by your wife.

 

TECHNICALITY:- Kindly understand the technicality stuff here. The DV is Quasi Civil, Quasi Criminal. The proceedings are Criminal in nature at most places but it is inherently a Civil Case unless Prohibitory Orders or other relevant orders are NOT followed. Now, if the MM wants to implement CPC because of it's civil nature (& MM's Discretionary powers) then he has to follow this PO of yours. And if he denies/ rejects this PO of yours then he chooses to follow CrPC which also favors u. Because once the MM rejects this PO then imediately after that (or before framing of issues) you can move an application under 211 r/w 506 & 11 as advised above.

 

NOTE:- Must reserve your rights to file perjury, malicious prosecutaion or other cases later on within separate PO's (& also within prayer) which I will post asap.

 

A HINT ABOUT DIVORCE BASED ON CRUELTY FILED BY YOUR WIFE:- Even if you want to live with your wife or NOT but in both the cases in the prayer of that civil case just mention only one prayer i.e., DISMISS HER PETITION. Do NOT mention about RCR i.e., some people write in prayer that I REQUEST THIS HON'BLE COURT TO RESTITUTE MY CONJUGAL RIGHTS. Even though this prayer in a contested divorce is equivalent to filing a separate suit u/s 9 RCR but putting that prayer will make it difficult for that JFC to dismiss her plaint because for RCR he will have to take a long route. So keep his job simple there.

 

BUT IN DV:- YOU CAN MENTION THAT IN PRAYER:- 

I request this Hon'ble Court to restitute my conjugal rights.

 

NOTE:- DV Judge doesn't have power to RCR but by putting that prayer you are indirectly proving that she herself left you at her own & is NOT willing to come back. 

CAUTION:- Use this technicality (rcr) based prayer in DV only if your PO's have a lot of technicality stuff else leave this part.

 

Kindly fight PARTY IN PERSON those cases which u believe are false. Best Wishes !!!

husbandinneed   15 August 2015

If wife prepares a driving license under the old name after marriage, is this still a name fraud?

 

My wife had driving license prepared with old name before marriage, later when she updated the same license for driving light motor vehiche she did not created under new name but under the old name,

Pls let me know if there are any judgements from Bombay HC or SC on this case?

 

 

NAME FRAUD / IDENTITY FRAUD

 

If the wife possesses two government identity cards then this is name fraud / identity fraud as per People's Representation Act. However, if the wife while living with the husband gets a govt identity card prepared with married name & then after leaving her husband immediately switches back to her maiden name & gets new government identoty card prepared in that name then this is clearly a name fraud or identity fraud & IS ALSO A CRIMINAL OFFENCE. Are you NOT a good Indian Citizen (Ethics) to report this to respective authorities. This must be included in Prel Obj as Name Fraud or Identity Fraud.

 

Now, if after such name change (name fraud) if she files a Dometic Violence case on you then you need to file two applications (challenge the technicality) viz.,

 

(a) name fraud application, and

 

(b) NO Domestic Relationship (as per her own conduct i.e., new Govt Identity with new address)

 

NOTE:- If she files case on u before such name fraud (& u get to know about it before filing WS) then only name fraud application need to be given. However, you can in addition press NO Dometic Relationship application also by citing the same but name fraud will of course be a vaild application to prove that her petition/ complaint under DV suffers LEGO TECHNICAL FALLACY

 

FREDYCHARLES RK - Bangalore (Advocate)     15 August 2015

Rich content post Professor/Teacher/Guru. Enjoyed reading your post

1 Like

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     16 August 2015

@husbandinneed, remembr the smple concept that if an individual has changed her name after marriage & given advertisement in newspaper also then that makes a very strong case against her first of all. (read in totality r/w below pls)

 

If on court affidavit also it is done then thats an addded point. If after that legal process she misrepresents her identity (which u came to know just now only & NOT an after thought i.e., after filing of cases by her) in that case, YES IT IS AN IDENTITY FRAUD i.e., using another name without following a lawful process i.e., ONLY after divorce she can change her name. Else if she wants to change her name then she has to do it with leave of the court or consent of the husband (after that again a legal procedure is there which I do NOT want to guide else if any disgruntled wife reads this post then she might get a way to break this identity fraud part in law)

 

Regarding Bombay HC or SC or other judgment, my dear friend do NOT look for judgment. Rather talk on LAW POINT & be ready to get a judgment delivered yourself. Let u reach first there. Let others follow.

 

Remember, Your fight must be based on technicality.

 

UNDERSTAND THE PROCEDURE

 

File a Complaint to RTO concerned. Attach proofs that you have. Be Polite. Do NOT direct the authority but instead request the authority that you & your wife are in the process to resolve the matter amicably but still being a noble citizen it is your utmost duty to inform the authorities about the IDENTITY FRAUD done by Mrs.Husbandinneed. Further, instead of writing in PRAYER writing do this do that INSTEAD WRITE IN PRAYER your esteemed authority is requested to take appropriate legal steps in this direction for example FIR, Legal Complaint, Termination/ Revocation of Driving License, Covenant/Restriction to be placed on her use wrt that driving licence etc.

 

Note:- The EXAMPLE & ETC in above puts the onus on that authority to take action. They will find it hard to shift the burden on you.

 

Also mention that, I request your respected & esteemed authority to take action appropriate action within 7 days else I would be forced to approach other legal authorities being a noble citizen.

 

RTI AFTER 10 DAYS

 

After 7 days or 10 days put an RTI (attach postal proof from indiapost.gov.in) & just ask ATR (Action Taken Report). Now thinhs will be set in motion. Keep folowing up. Do NOT lose heart if anone on earth tries to discourage you. Just have faith in the god you trust & go ahead.

 

Best Wishes & Happy Fighting false cases & SOCIAL STIGMA on u & family !!!

 

Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur

Sarmmarmbb (goi)     18 August 2015

u have really great knowledge and courage to fight such corruption in police and their counterparts spread over all in judiciary

Please save men in India O God

cant we few get together under one umbrella of U (Atur Chatur) and frame/draft PIL against 498a biased law.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     18 August 2015

@Sarmmarmbb, thanks.however, I am currently in the favor of filing PIL for DVC because this act has many such technical parameters which can be challenged. for that if anyone or group can be in touch with email. that will be better for confidentiality.

 

PRELIMINARY OBJECTION

 

Two Contradictory Statements attract IPC 193 and Cr.P.C 340. It is not necessary for the charge to state specifically which of the statements made by the petitioner is false. The petitioner has filed multifarious litigations on the respondent no.1 & his entire family with dowry as the base point whereas on one hand in CAW Complaint she alleges that her parents spent Rs.25,00,000 on marriage & dowry articles (which means INCLUDING) and on other hand before this Hon’ble Court she alleges that approximately Rs.25,00,000 were spent APART from dowry articles. Now, as per CAW Complaint (annexed with petition & relied by petitioner herself) there is a huge list of dowry articles which includes a Car & Jewellery which proves that either of the statements by the petitioner is false. i.e., either she lied before the CAW Cell or she lied before this Hon’ble Court. This proofs that the petitioner deliberately made two statements which are so contradictory to, and irreconcilable with, each other, that both cannot possibly be true, she can be convicted of perjury even without its being proved which one of them was not true. Therefore it is submitted that the petitioner has not approached this court with clean hands. Hence her petition is not maintainable in the eyes of law & is liable to be dismissed with an exemplary cost alongwith initiating of malicious prosecution & perjury proceedings against the petitioner.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     18 August 2015

RTI BEFORE MARRIAGE

 

If anyone wants to marry a girl whether divorcee or unmarried and wants to do background check whether she filed FIR against previous husband or against anyone else then simply write a RTI and ask number of cases filed by any or all persons named named say "POOJAKSHARA DEVI" as per your records. Send this RTI to Police Headquarters. If it is Delhi then send it to PHQ or MHA as PHQ comes under MHA.

 

NOTE:- Since there are genuine woman also so once you zero-in on the girl & a FIR is launched by her against anyone then you must ensure whether the case was true or false. Never haste to marry. Give time to each other to understand the family & culture of each other. 

 

Further, u can do background check of her close relatives also like her father, mother, sister, brother, bhabhi, jijaji etc to know about the whole family. Similarly, You can send an additional RTI to PCR to see how many calls made by any/all persons named  say   "POOJAKSHARA DEVI" to PCR/100 number in last ten years as per your records.

 

Once you get info, you can file further RTI's to know whether it is the same person or not because there are more than one person with same names.

 

Also do it for all the cities she relates to.

NOTE:- It can be done to check even credentials of prospective husband for your sister also.

1 Like

Rajni Behl   20 August 2015

atur chatur u seem to be a fighter, I read & liked your way of writinhg. i have a query if the judge is hell bent to not pass any orders based on proofs submitted by you or preliminary objections are not taken care of or he totally ignores certain preliminary objections & does not write those in the orders then what can we do? my brothers case in hissar & i am married & we are not on talking terms with my brother but we are pulled into this case & the judge gave us notice for appearance & asked to submit reply qua. what points we need to take care while writing our response. 

Bhandari Raju   20 August 2015

nice post, best wishes for your success

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     20 August 2015

@bhandari thanks

@rajni, if judge doesnot write prel obj in order then it is a grave error. even if u give 70-80 preliminary objections he cannot pass any impugned order by not mentioning those. besides challenging that order in next higher court, if you have extra points/facts proving his biased or discriminatory attitude then you can also simultaneously write to vig cell

 

further u need to rebutt/ deny all her allegations & also push for no domestic relationship. it will be impossible for her to prove that u lived with them.

 

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     20 August 2015

MAINTENANCE - PREL OBJ

 

In Maintenance u/s 23 DV Act or under 125 CrPC especially you need to prove that she herself is responsible for leaving you & that she left u without any just & reasonable cause. These PREL OBJ can also be used in other maintenance cases such as 24 HMA etc.

 

That the petitioner is guilty of destroying the sanctity of institution of marriage and has taken undue advantage of innocence of the respondent.

 

Prove without disclosing the law point u/s 125(4)

 

That the petitioner wife without any sufficient reason refuses to live with her respondent husband hence she is not entitled to receive an allowance under this section. Hence her application is not maintainable in the eyes of law & is liable to be rejected.

 

Civil prevails over Criminal

 

That it is well established that the judgment of the civil court shall prevail over the judgment of the criminal court. It is submitted that the maintenance proceedings between the petitioner/ wife & respondent/ husband are already under consideration in another (civil) court u/s 24 HMA vide Case no. 125/2014 with PJ Sh. Garud Kathpalia Ji (Rohini Courts) & the natural justice demands that parallel proceedings cannot be allowed to continue in different courts. hence this application is not maintainable in the eyes of law & is liable to be rejected.

 

One more para can be added to the above para (within MAINTENANCE PRELIMINARY OBJECTIONS) as follows:-

 

That read with above para & for the purpose of sparing the victim the ordeal of multiple trials and judicial economy – prayer be made to consolidate both trials in order to minimize the prejudice with respect to potential antagonistic statements. For 2 trials would be cruel and relief sought under 2 trials would be inhuman and could turn into a logistical nightmare to comply with. Here is an opportunity for the system and the court administrators to make a human gesture and rule for one trial only.

 

RIGHT TO RESIDENCE - NO RTR

 

Relief under section 19 of this Act is not maintainable in the eyes of law due to vacillating stand of the petitioner. As per Delhi High Court if DIR (Domestic Incidence Report) is available then it must be taken into consideration before passing an order. It is respectfully submitted that as per the DIR the petitioner does not need Residence Order under section 19. Hence the relief sought under this section is not maintainable in the eyes of law & is liable to be rejected.

 

MONETARY RELIEF u/s 20 OF DV ACT

 

Monetary Relief u/s 20 of this Act is not maintainable in the eyes of law unless the domestic violence could be established.

 

RELIEF U/S 22 OF DV ACT NOT MAINTAINABLE

 

That it is stated that, u/s12 of PWDVA Act, if any domestic violence happened then report needs to be registered alongwith medical report (MLC) along with date, time & witnesses. Hence, Relief under section 22 of this Act is not maintainable in the eyes of law & is liable to be rejected.

 

NO DOMESTI RELATIONSHIP

 

That as per her own conduct of the petitioner there was no domestic relationship between the petitioner & any of the respondents as on the date of filing of this aforesaid plaint which is a pre-requisite under the act. The whole of the domestic violence act / PWDVA 2005 / 2006 / DV Rules OR by whatever name we call it depends upon the basic concept of domestic relationship & the petitioner by her own conduct has shun this domestic relationship before filing this plaint which can be proved by way of this annexure 455 being annexed with WS for the kind perusal of this Hon’ble Court.

 

NOTE:- This preliminary objection will work out best if the wife changes back to her maiden name (NAME FRAUD APPLICATION) and also gets any government identity card prepared in that new name with nw address (NO DOMESTIC RELATIONSHIP as per petitioner's own conduct r/w the name fraud application)

 

EARNING / ABLE BODIED WIFE

 

That the petitioner is well within the capabilities of earning means for her daily needs and expenses as the petitioner has been giving tuitions in the local vicinity before her marriage with the respondent and after marriage during her stay in the matrimonial home. This fact is within the knowledge of the petitioner & she has deliberately concealed this fact. It is further submitted that the petitioner has other sources of income as well. The relevant document(s) 26AS Statement of petitioner is annexed herewith for your kind perusal. Hence her application is not maintainable in the eyes of law & is liable to be dismissed.

 

IF DOCUMENTS NOT SUPPLIED BY HER

 

That the Respondent craves the leave of the Hon’ble Court to reserves the right to take any additional defense in the light of the facts that the copies of the documents filed along with the Application/ Plaint & other documents have not been supplied to the Respondent.

 

NOTE:- This is the way how we reserve our right legally. Now the court has to order her to supply the documents or onus is n her to provide you the documents else if she gets unfavorable orders without giving you copy of her documents then 3 doors open for you viz., complaint against judge to reg/vig, revision in next higher court, recall of order by the same judge due to technical issues, perjury on your opponent because opponent took favorable orders by misleading the hon'ble court by keeping you uninformed or keeping you in such a postion that you could not take your defense properly.

 

MAINTENANCE UNDER DV NOT MAINTAINABLE

 

A Civil suit is already pending between the parties vide case no. 656 / 2014 at Rohini Family Courts & maintenance has been claimed by the petitioner therein. As per Hon’ble Delhi High Court Domestic Violence Act 2005 does not give woman any additional right to claim maintenance from her husband. Under the act, the court of metropolitan magistrate (MM) has the power to grant maintenance and monetary relief on an interim basis in a fast track manner only in those cases where a woman has not exercised her right of claiming maintenance either under civil court or under section 125 of CrPC.

 

Here you are requesting MM & telling him lego-technical fallacy grounds because you are telling the MM that she does NOT have the power to grant maintenance because this very petitioner has already invoked her rights in CIVIL COURT and civil prevails over criminal.

 

PRELIMINARY OBJECTIONS OF WS

 

That preliminary objections presented within respondent husband’s written statement to the above captioned petition shall also be included & read as part & parcel within these preliminary objections list as those are not being repeated herein for the sake of brevity.

 

NOTE:- If you have given 30 or more preliminary objections within DV u/s 12 reply then no need to attach all those preliminary objections here. Since you are filing reply to sec-12 & reply to sec-23 (maintenance) together hence for sake of brevity you can crave leave of the hon'ble court concerned to read all those preliminary objections herein so that all those PO's are written here in order sheet. DO NOT WORRY IF THE MM IS BIASED & DOES NOT TAKE INTO CONSIDERATION ANY / MOST OF YOUR PO's. YOUR JOB IS DONE. LET HIM PASS BIASED PRDERS. BE READY FOR REVISION/ RECALL/ OTHER OPTIONS LISTED AT:- https://documentsmisplacedbycourt.blogspot.in

 

Bhandari Raju   21 August 2015

If the wife states she needs 35,000 in DV and in sec-24 HMA affidavit she says that I need 15,000 per month then what's the proper way to challenge its maintainability through preliminary objections & also can we file any other case based on this info

Bhandari Raju   21 August 2015

Is it possible to file RTI on advocate?

thanks

Sooraj   21 August 2015

If wife is giving contradictory statements then how toi handle it. Sometimes she says she takes paisa loan from her sister sometimes from brother, father, mother etc in different courts. how to handle this issue in maintenance atur chatur sir. Thanks

1 Like

Rajni Behl   21 August 2015

Thanks atur chatur ji, please if you can refer some preliminary objections which can be written from the far leaving sister. Please suggest me the writing style in such a manner that this opnes a door for all of us to file contra cases on them once we come out of it. someone told me defamation/ maanhaani can be filed. are there other laws/ sections/ rules/ standing instructions to court or some fight back technical points if u can kindly suggest that will be greatful of you mr. atur chatur. thanks

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