IN THE COURT OF HON’BLE DISTRICT JUDGE; DIST.XXX; TIS HAZARI COURTS, DELHI.

DV APPEAL NO.______OF 20__.

IN THE MATTER OF :-

MR.XXXXXXXXXX                                           : APPELLANT

VERSUS

SMT.XXXXXXXX                                              : RESPONDENT

INDEX

PLACE                                                                APPELLANT

THROUGH

DATED                                            

XXXXXXXX

ADVOCATE

IN THE COURT OF HON’BLE DISTRICT JUDGE; DIST.XXXXX; TIS HAZARI COURTS, DELHI.

DV APPEAL NO.______OF 20__.

IN THE MATTER OF :-

MR.XXXXXXXXXXX                                        : APPELLANT

VERSUS

SMT.XXXXXXXXXX                                         : RESPONDENT

MEMO OF PARTIES

MR.XXXXXXXXXX,

S/o Sh.________________,

R/o ___________________

New Delhi-1100__.                                               : APPELLANT

VERSUS

SMT. XXXXXXXXXX

D/o Sh________________

R/o___________________,

New Delhi-1100___.                                             : RESPONDENT

-------------------------------------------------------------------------------------

PLACE                                                                APPELLANT

THROUGH

DATED                                            

XXXXXXXXX

ADVOCATE

IN THE COURT OF HON’BLE DISTRICT JUDGE; DIST.XXXX ; TIS HAZARI COURTS, DELHI.

DV APPEAL NO.______OF 2023.

IN THE MATTER OF :-

MR.XXXXXXXXXXXX,

S/o Sh._______________,

R/o __________________,

New Delhi-1100__.                                               : APPELLANT

VERSUS

SMT. XXXXXXXXXXXX

D/o Sh. ________________

R/o____________________,

New Delhi-1100__.                                               : RESPONDENT

APPEAL UNDER SECTION 29 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 AGAINST THE JUDGMENT DATED 03.11.2023 PASSED BY LD. COURT OF MS.XXXXXX; LD. M.M. (MAHILA COURT; XXXX DIST.; TIS HAZARI COURTS, DELHI IN MC NO.XXXX.

MOST RESPECTFULLY SHOWETH :-

It is most respectfully submitted on behalf of the above named Appellant as under:

1.                 The above named Appellant was the original Respondent No.1 in MC No. XXXXXXXX filed under the provisions of “Protection of Women from Domestic Violence Act, 2005”. The Appellant filed his detailed reply to the main complaint and interim application. The Ld. Magistrate after hearing both the parties both decided the Complaint U/s 12 of D.V. Act and allowed the application of the Respondent herein. Hereto marked and annexed as Exhibit “A” is the certified copy of the judgment/Order dated 03.11.2023 passed by the Hon’ble Metropolitan Magistrate; Mahila Court, Tis Hazari Court, Delhi.

2.                 The brief facts of the matter are as follows;

i.       The marriage of the Appellant and the Respondent was solemnized on 13.05.2013 at Delhi as per Hindu Vedic rites. The parties then started staying and co-habiting with each other at Appellant’s parental house at XXX Nagar, Delhi and Respondent after joining her matrimonial house denied to do any household work.  The Appellant’s aged mother would undertake all house hold duties including cooking all the meals for the family. The Respondent was enjoying full freedom with regard to her choices, style of living, wearing, spending, etc. However, she would never reciprocate in the same spirit claiming she is free and independent woman and it’s her right to live her life the way she wishes. The Appellant time and again tried to reason out to the Respondent that it is not the question of freedom or liberty to live life but the responsibility and respect towards the family and leading a harmonious marital life. However, nothing could work on the Respondent, at times she would be very arrogant and disrespecting to everyone around including the Appellant and his parents.

ii.     The Respondent used to in constant touch with her family through mobile phone calls and used to take directions from her mother about how to evade any kind of responsibility and she also used to influence her interactions with the in-laws by not giving them due love and respect. Besides, the Respondent used to make very frequent trips to her parental home and Appellant fully supported her wishes and encouraging her to meet her parents. It is pertinent to note that the Respondent being the daughter-in-law of the family never even bothered to consult her in laws or seek their concurrence while planning her trips to her in laws house.

iii.  The Appellant states that apart from abstaining from household work, the Respondent would be rude with the Appellant as well as with his parents. Such behaviour and conduct of the Respondent would disturb the peace of the family.

iv.   The Appellant’s father called up the Respondent’s father seeking his intervention about the Respondent’s indifferent attitude, non-co-operative behavior, rude responses, no importance assigned to the age / relation with in-laws, regular lies, etc. The Respondent’s father admitted that she is aggressive and sometimes even rude but can be the best person around if convinced with love. The Appellant   therefore, tried every possible thing and showered his utmost love on her, however, the Respondent had taken it for granted and started thinking that it is her matter of right to behave in the said manner.

v.     The Appellant states that the Respondent would never care for the family responsibilities and would give preference to her vices and friends over the family commitments, making other family members embarrassed in front of their relatives.

vi.   The Appellant states that such support of the Appellant was never appreciated by the Respondent, who on the contrary has made false and frivolous allegations in the complaint of Domestic violence made before the Ld. Mahila Court, Delhi.

vii.            The Respondent is only interested in leading a carefree life of fun and enjoyment without assuming any kind of responsibility whatsoever and does not like anyone questioning her conduct and pointing out her short comings.

viii.         That the complaint is misuse of process of law, that Respondent has suppressed material facts, that she is herself if guilty of desertion of Appellant without any reasonable cause, that she has also initiated proceedings u/s 125 CrPC & FIR no. XXXXXX U/s 498-A/406/34 against Appellant and his family members, that she is a graduate & has been working prior to marriage & earning sufficient income every month & has filed the DV Complaint to harass the Appellant. The Appellant has admitted the factum of marriage of Respondent with Appellant and other than this they have mainly denied the allegations levelled by Respondent & stated them to be false. They have stated that Appellant was working with his father at the time of marriage & his father was looking after the financial requirements of family & these facts have been concealed by Respondent.

ix.   That the Appellant has done B.A, Distance Learning MBA, his general monthly expenses are Rs 3,000/- per month, that parents of the Appellant are dependent on him, that he is working as a helper & filed job in Family Canteen & earning Rs 15,000/- per month. Appellant has further stated that Respondent is a graduate from Delhi University, has total work & professional experience of more than 15 years in financial & insurance sector, that she is living in self-owned property & getting rent of Rs.17,000/- and she has two properties in Ramesh Nagar, New Delhi.

x.     The Respondent filed application under Section 12 and 23 of Protection of Women from Domestic Violence Act, 2005. The copy of main Application and Interim application is annexed herewith as Exhibit “A colly”. The Appellant filed his reply to the said applications. Hereto annexed and marked as Exhibit “B colly” are the copy of replies to Main Application and Interim application. The parties also filed their affidavit of disclosure and the same are annexed and marked as Exhibit “D and E”.

xi.   After hearing both the parties, the Ld. M.M. Mahila Court allowed the Complaint U/s 12 of D.V. Act of the Respondent against the Appellant.

3.                 Being aggrieved by the aforesaid judgment dated 3^rd November, 2023 passed by the Learned Mahila Metropolitan Magistrate, Tis Hazari Court, Delhi (“impugned order”). the Appellant has now preferred this present Appeal on the following grounds which are pleaded without prejudice to one another:

GROUNDS:-

I.                  BECAUSE THE LD. TRIAL COURT HAS FAILED TO APPRECIATE THAT THE APPELLANT VIDE THEIR REPLY HAVE SUCCINCTLY CONTROVERTED FALSE ALLEGATIONS RAISED VIDE THE DV COMPLAINT WITH PROOF AND EVIDENCE. IN THE ABSENCE OF ANY REJOINDER / RESPONSE TO THE APPELLANT’S REPLY; NO PRIMA FACIE VIEW BELIEVING THE ALLEGATIONS OF THE RESPONDENT AND AFFORDING HER ANY RELIEF COULD HAVE BEEN ACCORDED BY THE LD. TRIAL COURT:

The Respondent admittedly failed to file a rejoinder/ response to the reply filed by the Respondent. The allegations raised by the Respondent have been succinctly and successfully controverted by the Appellant with possible proofs and evidence. Thus, in the absence of any rejoinder/response to the reply of the Appellants; it is untenable as to how even a prima facie view as to the occurrence of domestic violence can be adjudicated in favor of the Respondent by the Ld. Trial Court. It is submitted that once cogent and succinct reply with credible evidence and proof is tendered to the Trial Court; the Ld. Trial Court is duty bound to adjudicate the application after taking a holistic view and consideration of the reply tendered by the Appellant. The Ld. Trial Court has erroneously proceeded ahead by merely relying upon one-sided unsubstantiated allegations of the Complainant. Thus, a question of law invites attention of this hon’ble Court being-

Q. Once succinct reply with proofs and evidence has been filed by the Appellant and the Respondent fails to file a rejoinder/response to the said Reply. Can in the absence of response/rejoinder, still the Magistrate can take a prima facie view to accord relief to the Respondent under S.12, 23 of the DV Act?

II.               BECAUSE THE LD. TRIAL COURT VIDE THE IMPUGNED ORDER FAILED TO APPRECIATE THE IMPACT OF ‘HUGE DELAY AND LACHES’ OF OVER 5 YEARS IN PREFERRING THE PRESENT COMPLAINT WHILE AFFORDING HER RELIEF UNDER SECTION 12 OF THE DV ACT:

Admittedly, it’s a settled position that ignorance of law is not excuse. It is further settled position that a delay of over 5 years for an otherwise entrepreneurial woman [who admittedly is a graduate] would prevent her from preferring any such complaint.  In determining the ‘prima facie view’, the delay and laches in preferring a complaint holds key insight and in case such consideration is ignored; the Ld. Trial Court is at the least duty bound to accord rationale and reasons for over-looking such huge delay and laches in preferring the Complaint before affording any such interim relief as afforded vide the present impugned order. Therefore, a question of law invites attention of this hon’ble Court being-

Q. Should a delay of 5 years in preferring the complaint have no bearing upon the adjudication of interim application under the DV Act?

III.           BECAUSE THE LD. TRIAL COURT VIDE THE IMPUGNED ORDER FAILED TO FATHOM THE PRE-PLANNED CONSPIRACY OF THE RESPONDENT TO FALSELY INVOLVE APPELLANT AND HIS FAMILY MEMBERS IN FALSE CRIMINAL CASES SO AS TO BRING DIS-REPUTE TO THE APPELLANT AND HIS FAMILY MEMBERS WITH AN AGENDA TO NEFARIOUSLY EXTORT MONEY:

It’s an admitted case that no rejoinder/response had been filed by the Complainant. The Ld. Trial Court at the interim stage is not devoid of its power under Section 165 of the Indian Evidence Act to seek inquiry on oath from the Respondent to ascertain the veracity of material allegations, when even at the face value the said allegations seem not only improbable but contradictory. The Trial Court vide the impugned order records-

“Whether or not domestic violence was committed upon the aggrieved is a matter of trial, however at this stage this court is of the view that the respondents committed acts of domestic violence upon the aggrieved”

The aforesaid reasoning is flawed on 3 counts, being:

1.                 Inspite of a cogent Reply with proofs and evidence; the Ld. Trial Court failed to appreciate that the reason as to why rejoinder/ response to the Reply of Appellants is not filed because, the Respondent has been caught in her own web of lies. In such situation, instead of taking an adverse inference against the Respondent; the Ld. Trial Court chose to believe the allegations by Respondent as gospel truth and accorded her with the relief.

2.                 That when the pleading on record establishes the material allegations levelled in the DV complaint to be not only highly improbable but based upon conjectures and surmises; the same at least ought to be considered/ adjudicated while deciding the application U/s 12 of the DV Act before ruling against the Appellant. 

3.                 The Ld. Trial Court further failed to fathom that infact the cruelty had been meted out to the Appellant and his immediate family members. Even a prima facie view of the same would yield a singular inference in proving the allegations raised by the Respondent as untenable and unconscionable.

IV.            BECAUSE THE LD. TRIAL COURT FAILED TO APPRECIATE THAT IN A MATRIMONIAL RELATIONSHIP THE ‘DESERTER SPOUSE’ CANNOT BE ALLOWED TO UNJUSTLY ENRICH HERSELF AT THE DETRIMENT OF THE ‘DESERTED SPOUSE’. RESPONDENT HAS ACTIVELY DESERTED THE COMPANY OF APPELLANT ON HER OWN VOLITION AND THUS WAS NOT ENTITLED FOR ANY RELIEF, WHATSOEVER:

Reference is made to the Complainant’s own stand that on 03.06.2015, the Complainant along with her minor daughter on her own volition flew down to her parental house at Delhi. It is the Respondent who had deserted her husband without any basis or rationale. No adjudication or view on the aforesaid has been reflected by the Ld. Trial Court and further no response/rejoinder to the Reply of the Appellants has been placed on record. Thus, the Respondent cannot be allowed to use the law as an arm-twisting tactic and finance her matrimonial litigation. The Ld. Trial Court failed to fathom the dual motive of the Respondent i.e., to pressurize the Appellant’s and his family members to accede to her nefarious demands of procuring divorce with unreasonable monetary payments at the detriment of Appellant and his family members. Therefore, a question of law invites attention of this hon’ble Court being-

Q. Whether the deserter spouse can be allowed to unjustly enrich herself at the detriment of the deserted spouse and coerce the deserted spouse to finance her unreasonable demands?

V.               BECAUSE THE IMPUGNED ORDER IS MANIFESTLY WRONG AS INSPITE OF RECOGNIZING THE FACTUM THAT THE RESPONDENT HAS MATERIALLY CONCEALED HER REAL INCOME AND EARNINGS; THE LD. TRIAL COURT AWARDED MAINTENANCE OF INR 15,000/- PER MONTH FROM THE DATE OF FILING THE DV COMPLAINT I.E. THE EXACT AMOUNT AS STATED IN THE INCOME AFFIDAVIT:

The observation of the Ld. Trial Court with respect to the conduct of the Respondent vide the impugned judgement.

Critical inference from the Ld. Trial Court’s own observations with regards to material concealment of income by Respondent inter-alia include:-

1.                 Vide the impugned order, the Court took judicial notice of the fact that not only the Respondent is capable of earning but also the earnings/income shown vide her income affidavit does not reflect her true earnings, which in all probability will be more.

2.                 There had been material concealment of her income/ actual earnings vide her income affidavit i.e the Respondent herself has come with unclean hands before the Ld. Trial Court. Admittedly, vide her income affidavit and DV complaint, the Respondent has brazenly lied on oath; however, instead of proceeding ahead with action of perjury; the said criminal act of the Respondent has been merely dealt through ‘passing remarks’. Further, the Ld. Trial Court further failed to appreciate that the Complainant had also failed to file requisite documents as per the legal mandate prescribed by the Apex Court.

Thus, inspite of holding the Respondent guilty for her malfeasance; the Ld. Trial Court to the contrary granted exact expenses as sought by the Respondent in the same amount as sought by the Respondent vide her income affidavit. The aforesaid raises important questions of law, being:

Q. Whether the party which has come with unclean hands deserves any indulgence at the interim stage by the Trial Court?

Q. Once, the Ld. Trial Court vide the impugned order has recognized that not only the Respondent was capable of earning but has also materially concealed her income from the Court. Was the Ld. Trial Court justified in granting exact quantum of expenses as claimed by the Respondent vide her income affidavit?

VI.            BECAUSE THE LD. MAGISTRATE VIDE THE IMPUGNED ORDER FAILED TO APPRECIATE THAT THE PURPOSE OF GRANTING MAINTENANCE IS TO ONLY CATER TO THE BASIC NEEDS / REQUIREMENTS AND NOT TO FINANCE THE LUXURIES FOR THE DESERTER SPOUSE I.E. THE RESPONDENT IN THE PRESENT CASE:

A.               Admittedly, no proof of expenses either of the Respondent or the child has been annexed with the Income Affidavit.

B.                Admittedly, the Respondent has on her own volition left the matrimonial home and has deserted the Appellant.

C.                Admittedly, the Respondent with her minor daughter has been living at her parental home and thus no expenses are incurred in lieu of residential expenses. It is further submitted that the Respondent is living in self-owned property & getting rent of Rs 17,000/- and she has two properties in XXXXX Nagar, New Delhi. The said property i.e parental home of the Respondent is an ancestral property and thus even confers right in the said property with the Respondent.

D.               Admittedly, the Respondent has materially concealed the income as noted by the Ld. Trial Court itself. Reference is yearned from the fact that Respondent working in XXXXXX New Delhi. However, the perusal of her ITR reflects to the contrary. The said singularly hints at her mischievous attempt in hiding her real income; the fact which ought to have been taken into consideration by the Ld. Trial Court and requisite action ought to have been initiated by the Ld. Trial Court. 

E.                Admittedly, the Respondent is still working and earning handsomely not only vide bank transfer but also vide cash receipts, rents for which no disclosure has been made by the Respondent.

Thus, grant of amount being INR 15,000/- per month [without any proof/evidence] is not only erroneous but wholly arbitrary and untenable.

VII.        BECAUSE THE LD. MAGISTRATE FAILED TO APPRECIATE THAT UNDER THE GUISE OF WELFARE AND EXEPNSES OF THE MINOR CHILD; THE RESPONDENT IS CLEVERLY ATTEMPTING TO NOT ONLY FINANCE HER NEEDS BUT ALSO FINANCE HER LITIGATION AT THE DETERIMENT OF APPELLANT:

It's an admitted case that the Respondent along with the minor daughter is living at her lavish parental home and no proof to the effect that she’s paying rent to her parents or undertaking any household expenses is brought on record. Thus, at the interim stage and in no manner, should the Respondent be allowed to get unjustly enrich at the detriment of the Appellant.

PRAYER:-

In the light of above-mentioned facts and in the interest of justice the Appellant humbly prays this Hon’ble Court to kindly:-

i.                   Summon the original records of the Ld. Trial Court; and

ii.                 Re-call/ set-aside the impugned judgment dated 03.11.2023 to the extent of granting any maintenance for the Respondent; and

iii.              Modify the impugned order to the extent of continuing maintenance for the minor child at a reasonable rate basis the real expenses incurred upon the minor subject to the outcome of the custody petition pending before the apex court.

iv.               Pass any other, as this court deems fit.

v.                 For which act of kindness, the Appellant as in duty bound, shall ever pray.

PLACE                                                                APPELLANT

THROUGH

DATED                                            

XXXXXXX

ADVOCATE

,

VERIFICATION: -

Verified at New Delhi on this __ day of December, 2023 that the contents of Para No. 1 to __ of the Appeal above are true and correct to my knowledge and documents and those of Para No __ to __ are true and correct as per the legal advice received and believed to be true. Nothing is false and nothing material has been concealed therefrom. The last para is prayer to this Hon’ble Court.

APPELLANT

IN THE COURT OF HON’BLE DISTRICT JUDGE; DIST.XXX ; TIS HAZARI COURTS, DELHI.

DV APPEAL NO.______OF 2023.

IN THE MATTER OF :-

MR.XXXXXXXX                                        : APPELLANT

VERSUS

SMT.XXXXXXXX                                               : RESPONDENT

AFFIDAVIT

Affidavit of Mr.XXXXXX , S/o Sh.___________, aged about ___ years, R/o________________________________, New Delhi-1100__, do hereby solemnly affirm and state as follows:-

1.                 That I, the Deponent, being the Appellant in the above captioned case and am well conversant with the facts of the case and competent to swear the present affidavit.

2.                 That the contents of the accompanying Appeal under Section 29 of Prevention of Women from Domestic Violence Act, 2005 have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.   

DEPONENT

VERIFICATION:-

          Verified at New Delhi on this ___, day of December, 2023 that the contents of the above Affidavit are true and correct to my knowledge, nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF HON’BLE DISTRICT JUDGE; DIST.XXX; TIS HAZARI COURTS, DELHI.

DV APPEAL NO.______OF 20__-.

IN THE MATTER OF :-

MR.XXXXXXXXXX                                           : APPELLANT

VERSUS

SMT.XXXXXXXXXXX                                      : RESPONDENT

APPLICATION ON BEHALF THE APPELLANT FOR STAY / OPERATION OF IMPUGNED JUDGMENT DATED 03.11.2023 PASSED BY LD. COURT OF MS.XXXXXXXXXXXXXXX; DIST.XXXXX; TIS HAZARI COURTS, DELHI IN THE CASE BEARING NO. XXXXXXXX TITLED “XXXXXXXX VS XXXXXXXXXX& ORS.” TILL THE DISPOSAL OF APPEAL UNDER SECTION 29 OF PWDV, 2005 ACT FILED ON BEHALF OF THE APPEALLANT.

MOST RESPECTFULLY SHOWETH :

1.                 That a complaint under Section 12 of the PWDV Act, 2005 was filed against the present Respondent against the Appellant and his parents. The captioned Appeal are not reiterated for the sake of brevity, however the Appellant craves the leave of this Hon’ble Court to rely upon the same.

2.                 That an Complaint under Section 12 of the PWDV Act, 2005 was preferred by the present respondent against the Appellant seeking grant of maintenance. That the said complaint was disposed off by the Ld. Trial Court vide judgment dated 03.11.2023 (“impugned judgment”), by arbitrarily passing an inequitable order in favour of the present Respondent and granting a maintenance of INR 15,000/- in favour of Respondent and minor duaghter.

3.                 That the captioned appeal has been preferred by the Appellant against the said impugned order passed by the Ld. Trial Court without considering the material placed on record by the Appellant. That the present stay application must be read in accordance with the Appeal and the contents of the said Appeal must be read as a part and parcel of the present stay application.

4.                 That the Appellant has given a detailed narration of the factual matrix that had actually occurred among the parties and therefore has not repeated the same for the sake of brevity and craves the leave of this Hon’ble court to rely on the factual narration as stated in the captioned Appeal.

5.                 That being aggrieved of the impugned order the Appellant has challenged the impugned order on the following grounds :-

I.                   Because the Ld. Trial Court has failed to appreciate that the Appellants vide their reply have succinctly controverted false allegations raised vide the DV complaint with proof and evidence in the absence of any rejoinder/response to the appellant’s reply; no prima facie view believing the allegations of the respondent and affording her any relief could have been accorded by the Ld. Trial Court.

II.                Because the Ld. Trial Court vide the impugned order failed to appreciate the impact of ‘huge delay and laches’ of over 5 years in preferring the DV complaint while affording her interim relief under Section 12 of the DVAct.

III.             Because the Ld. Trial Court vide the impugned order failed to fathom the pre-planned conspiracy of the Respondent to falsely involve Appellant and his family members in false criminal cases so as to bring dis-repute to the Appellant and his family members with an agenda to nefariously extort money.

IV.            Because the Ld. Trial Court failed to appreciate that in a matrimonial relationship the ‘deserter spouse’ cannot be allowed to unjustly enrich herself at the detriment of the ‘deserted spouse’. Respondent has actively deserted the company of Appellant on her own volition and thus was not entitled for any relief, whatsoever.

V.               Because the impugned order is manifestly wrong as inspite of recognizing the factum that the Respondent has materially concealed her real income and earnings; the Ld. Trial Court awarded maintenance of INR 15,000/- per month from the date of application i.e the exact amount as stated in the income affidavit.

VI.            Because the Ld. Trial Court vide the impugned order failed to appreciate that the purpose of granting maintenance is to only cater to the basic needs/ requirements and not to finance the luxuries for the deserter spouse i.e. the Respondent in the present case.

VII.         Because the Ld. Trial Court failed to appreciate that under the guise of welfare and expenses of the minor child; the Respondent is cleverly attempting to not only finance her lavish needs but also finance her litigation at the detriment of Appellant.

(detailed grounds challenging the impugned order have been duly cited in the captioned Appeal and the same are not reiterated for the sake of brevity, however the Appellant craves the leave of this Hon’ble court to rely upon the same)

6.                 That the operation of the said impugned judgment until the adjudication of the captioned Appeal, will unjustly cause wrongful gain to the present Respondent at the detriment of the Appellant. That the said impugned order is per se arbitrary and inequitable and without addressing the grounds of challenge as mentioned above, the execution of the said impugned order  will be gross violation of principles of natural justice.

PRAYER:-

In the light of the above mentioned facts and in the interest of justice, it is most respectfully and humbly prayed before this Hon’ble Court to immediately stay the operation of the impugned judgment dated 03.11.2023 passed by the Ld. Trial Court.

Pass any such order that this Hon’ble Court may deem just, fair and proper in the facts and circumstances of the present case and in the interest of justice.

It is prayed accordingly.

PLACE                                                                      APPELLANT

THROUGH

DATED                                            

XXXXXXXXXX

ADVOCATE

IN THE COURT OF HON’BLE DISTRICT JUDGE; DIST.XXXX; TIS HAZARI COURTS, DELHI.

DV APPEAL NO.______OF 20___.

IN THE MATTER OF :-

MR.XXXXXXXXXX                                           : APPELLANT

VERSUS

SMT.XXXXXXXXXX                                         : RESPONDENT

AFFIDAVIT

Affidavit of Mr.XXXXXXXXXX, S/o Sh.____________, aged about ___ years, R/o___________________________________, New Delhi-1100__, do hereby solemnly affirm and state as follows:-

1.       That I, the Deponent, being the Appellant in the above captioned case and am well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of the accompanying Stay Application have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.   

DEPONENT

VERIFICATION:-

          Verified at New Delhi on this ___, day of December, 2023 that the contents of the above Affidavit are true and correct to my knowledge, nothing material has been concealed therefrom.

DEPONENT