Best way to fight against false domestic violence

Thanks Chatur,for sharing all the good information.

First of all I salute you for being a great warrior.May the almighty help all of us who are fighting the false cases tagged on us by our devil wifes for sake of there waywards living.

Our prayesrs are always with you.

The real devil is Indian Judiciary System (not wives) driven by corrupted Advocates and Judges.

Stupid wives are used as a tool by these extortion rackes.

Please see from the bigger angle to see the exact view to find out the solution.

Best of luck Mr. Atur Chatur.

PREL OBJ

That the respondent/ husband vehemently & specifically objects to the harassment inflicted on the family members of the husband. In this regard it is most humbly & respectfully submitted that it is a family dispute between husband & wife and In a family dispute between husband & wife the family members need not be made to suffer. They must be protected from further proceedings & there human rights & other rights be reserved & protected in the interest of justice. Reference shall be had from "Mayankkumar vs State on 28 September, 2011 Gujarat High Court

https://indiankanoon.org/doc/1372072/

where it was held that, "However, as could be seen, petitioner No.1-husband may be responsible for the quarrel between him and respondent No. 2 wife regarding matrimonial ties, but as it appears, prima facie, that for his defaults the family members may not be made to suffer by such further offshoots and the proceedings. In the circumstances, without any further elaboration, the following order is passed: Rule. Expedited. Ad-interim relief in terms of para 3(b) qua petitioner Nos. 2 to 6 (family members)"

Hi 

Do you have specific application format / sample draft / template example for non maintanibility and preliminary objection ?

Also just to get additional clarficiation - is non maintanbile petition is different than prelimiinary objection petition ?

Suresh

@Suresh, Preliminary Objection in itself means Non-Maintainability because in every line we mention in the end that due to this reason the petition is not maintainable in eyes of law or we write it is an abuse of law or is liable to be dismissed with exemplary cost due to this. The only difference being that prel obj we generally give alongwith WS & this paragraph is written above the REPLY ON MERITS para, Remember that, PREL OBJECTIONS as per me must be many based on things objected/ challenged by you. If before WS you want to give OBJECTIONS (NON-MAINTAINABILITY) then also these need to be many suited to your case.

Non-maintainability Petition is simply with heading

OBJECTIONS ON BEHALF OF ANSWERING RESPONDENT

MOST RESPECTFULLY SHOWETH

(1) . . . . . .

(2) . . . . . .

(3) . . . . . . 

PREL OBJ

Misuse of Domestic Violence Act is a Human Rights Issue. The preliminary objections presented by the respondent alongwith WS as well as with annexed maintenance application and the whole of the WS & all replies, annexures, applications, documents etc alongwith shall be considered & respondent’s human rights be preserved. The human rights of the respondent are requested to be invoked so that respondent is protected from violation of his human rights in the interest of justice & fair play.

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

PIL - REPEAL OF DV ACT

I want toi challenge/ repeal PWDVA'2005 (and subsequent amendments) in the light of:-

(a) Women as respondents

(b) maintainability of this gender biased law 23(2) & other discriminatory provisions in the light of 15.04.2015 SC Judgment recognizing LGBT

(c) name fraud, limitation, jurisdiction & non-domestic allegations, complainant's conduct, extortion & harassmet

Above (a) and (b) are the main points to challenge & present a PIL in LPI (Larger Public Interest) with arguments also on MIL filing DV complaint against her DIL.

I am facing ONLY financial constraints. If anyone is ready to take care of financial constraints (NOT upfront but based on certain exigencies if any) then I am ready to file this PIL myself. Please PM me if anyone is interested. Further, if anyone himself wants to file PIL in his own name then I will try my best to help him with all the help I can offer based on my limited knowledge which I gained while fghting false cases. Thanks & Regards

Best Wishes  & Happy Fighting SOCIAL STIGMA on you & family !!! !!!

Mahatma Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK, THAT YOU WILL GET"

Hi Atur,

I have asked similar question in my following thread

https://bit.ly/1EhTWou

Why can't we add more points in your PIL- such as violation of fundamental right (Right to equality), and other such abuse/violations mentioned in DV/125/498A which are directly contradictory of fundamental rights/and other law - Let us take help from experts and take strongest PIL 

Suresh

@Suresh, yes, we need to mention this DV Act as a violation of Fundamental Right of Equality. We can of course add a lot more points through brain-storming & after that preparation of summary (emotional points out just technical points only) & then synopsis of PIL prepared with 10-30 prayer para's & last step will be to file the PIL in court. After that arguments must be done party in person & without any amicus curae referred by the HC/SC because it's your life & your gender which is at stake and this whole process has to be done ONLY through in person presence & arguing vehemently.

TECHNICALITY - DIR & FORM I , II , III

In first date get Petition copy. Then carefully check if the petition is just the Form II affidavit or does it also include Form I and Form III along with it. 

Form I is DIR similar to FIR for Criminal cases.

Form III is an affidavit from wife saying she is under immediate threat to her life and needs protection and ex-parte interim order for maintenance.

TECHNICALITY:- Without Form III the Magistrate by law is NOT AUTHORISED to grant ex-parte order. 

Form I is where the exact date, time, place, and person causing DV is documented.
This is usually filled by a Protection Officer (public official appointed by State Govt) and it must be filled usually within 24 hours of an incident being reported. 

The PO must sign this form and send a copy of this form to local police station, magistrate and service providers. If this was not done or PO never signed a Form I for the alleged incident, then wife CANNOT file Form III and Magistrate therefore CANNOT issue ex-parte interim maintenance order simply based on Form II affidavit of domestic violence complaint.

CHALLENGE THIS TECHNICALITY THRU PREL OBJ

Cooking up this form in future with old dates is very difficult due to lack of witness support and often neighbours where incident is alleged to have happened will say otherwise in support of husband’s family. So its a risk for PO or Magistrate to cook this up later – they can loose they jobs. 

Also Form I and III forces wife to actually declare the exact address and dates of shared household relationship and in cases where there were many changes some contradiction is bound to surface to your advantage.

A certified copy of the petition with all forms can be obtained from the court clerk or section officer as its required for any future Stay or Quash petitions. This protection in Form I and III are carefully built into the DV act but due to ignorance of the public and lawyers at large and given the “settlement culture” most have no experience of having gone this far in litigation.

STAY ORDER OF DV

If Form I or III are missing or Form II claims by wife/woman DOES NOT match Form I or III claims, then immediately apply for a Stay order of interim order or DV case itself in Sessions or High Court. Most High Court filing section staff will insist on Form I, II and III coming together while filing for Stay or Quash of DV cases.

Once Magistrate or wife’s lawyer learns about High Court asking for Form I and III and they did not review it before getting the ex-parte interim order passed, you will usually see panic as they know the game is up and they will soon get caught and will be willing to settle the case or even get it dismissed with prejudice. 

Its usually a good idea to goto the section officer on first hearing date and get him/her to give in writing if Form I or III is missing. Use your Smartphone, switch on video recording or have someone do it and record that entire conversation with you mentioning the date and time and place where you are somewhere in the conversation – “example: is this the XX Metropolitan Magistrate’s Court Section office – today DD-MMM-YYYY we had case no: xx of 2015 hearing and we want to get the forms and documents certified copy of the case filed”. If those Forms were never submitted and Magistrate played along with the woman’s lawyer, an admission by the section officer or court clerk that forms are missing or are not on file will be your first proof of malpractice or corruption in the DV case proceedings. In such a scenario apply for stay order in court above this court and order the case file to be submitted as court clerk has admitted to missing forms. If forms appear magically later on you can allege afterthought.

Hi Atur,

These technicalities are what i raised in my reply and were rejected by Judge.

I was very vocal @ misuse of Dv when correct procedure was not followed but these Judges never listen. I could have file an appeal in sessions but that would have made case to linger.

New Delhi HC in 2010 said DIR is compulsory...but same court in 2012 said not necessary.

Attaching both case laws.

Main thing is: Lower court judges should be educated enough of the procedures.

@fightforcause, You must have filed appeal. Further, there are many contradictory judgments regarding DV that's why it is also being referred as clumsy drafted. So, first one need to put many PREL OBJ (PO) & challenge the technicality. In your case, If points raised by you are strong enough then appeal is/was advised else if your PO are many then you yourself get more points to file appeal. That should be the approach to challenge the technicality.

Is it necessary to file all the forms 1,2,3 to file a DV case as I have got only form 2 please help

@justice, Form 1 & 3 must be there but there won't be heding of Form 1 & 3 on it.

Purchase DV Bare Act @ Rs.40/- only & compare the Form 1 & 3 with her petititon. It must be there. If NOT then you can follow the above procedure to challenge technicality.

NOTE:- Vexatious lawyers are usually smart these days & they try their leval best to rope u in. But if you also act smartly (but cautiously) then u will certainly find way to handle your DV yourself. 

My advise is to go PIP for all false cases as it takes only three months approx to study law and law is NOT a rocket science. You can learn it. In one year you will become an expert. Best Wishes & Happy Fighting SOCIAL STIGMA on u & family !!!