REPLY ON BEHALF OF THE RESPONDENTS NO.2, 3, & 4 TO THE COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 FILED BY THE COMPLAINANT.

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO.………. OF 2021.

IN THE MATTER OF: -

______________ : COMPLAINANT

VERSUS

____________ : RESPONDENTS

N.D.O.H.: ……………

REPLY ON BEHALF OF THE RESPONDENTS NO.2, 3, & 4 TO THE COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 FILED BY THE COMPLAINANT.

MOST RESPECTFULLY SHOWETH :-

PRELIMINARY OBJECTIONS :-

1. That the complainant is not entitled for the relief claimed in the complaint, since complainant is guilty of desertion and is living at her parental house of her own choice.

2. That the complainant is also guilty of her own misconduct, matrimonial offences, and cruelties which she has done and has been doing at the instigation of her parents and in the series of her acts. The complainant is a working lady and earning a handsomely.

3. There is thus neither a ‘domestic relationship’ nor any shared household as defined in Sections 2(f) and 2(s) of the DV Act. Hence, the Complainant could not have maintained the present complaint under the D.V. Act against the answering Respondents no.2, 3 and 4 (hereinafter called as “respondents”).

4. That D.V. Act has been enacted for the purpose of providing a monetary assistance to such mother who is incapable of supporting herself or herself inspite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendent-lite alimony.

5. The complainant is not entitled for the relief of compensation order under Section 22. Hence, the same is liable to be rejected. The complainant is making huge financial claims in terms of dowry and adopting every type of her activities to humiliate and to implicate the answering respondent, their members in one or the other matter. Neither the respondents committed any domestic violence nor the respondents in any domestic relationship with the complainant. Hence, the relief seek in this complaint are not maintainable and same is liable to be rejected.

REPLY ON MERITS :-

1-2. That the contents of paras 1-2 of the complaint are denied.It is denied that the applicant is extremely apprehensive about the domestic violence committed by the respondents and the consequent effect of the same on the life and liberty of the applicant. Hence, the relief seek under this paras are not maintainable and same is liable to be rejected.

3. That the contents of para 3 (i-vii) of the complaint are denied. Hence, the relief seek under this paras are not maintainable and same is liable to be rejected.

4. That the contents of para 4of the complaint are denied to the extent that respondents did not mend their ways and on _______ the respondents once again brutally beaten the applicant and snatched the minor child from the applicant. Hence, the relief seek under this paras are not maintainable and same is liable to be rejected.

Since, there has been no incident nor the facts and circumstances leading to the filing of the complaint is shown or mentioned, as such, in absence of the same, no specific answering can be given. However, the complainant is not entitled for any of the relief as claimed in the answering para by invoking any of the provisions of the Act, either U/s. 18, 19, 20,21, 22& 23 of the Act.

Prayer clause along with its sub-para this Hon’ble Court may kindly be pleased to dismiss the present complaint with exemplary cost. The complainant is not entitled for any relief claimed for.

It is respectfully submitted that the present complaint is absolutely false, frivolous, baseless, misconceived and vexatious even to the knowledge of the complainant herself, besides being unsustainable in law, and therefore, the same is liable to be dismissed with compensatory costs. Affidavit of the complainant in support of the present application under the DV Act is also wrong and denied in totality.

P R A Y E R

It is, therefore, prayed that the complaint of the complainant being false, frivolous and not maintainable legally and on merits, the same may kindly be dismissed.

Pass such other and further orders as this Hon'ble Court may deem in the facts and circumstances of the case.

DELHI RESPONDENTS NO.2,3 & 4

THROUGH

DATED :-

_____________

ADVOCATE

________________,

New Delhi-110005.

VERIFICATION :-

I, the above named respondents do hereby verified at Delhi, on this __ day of _________ that the contents of paras No.1 to 4and its sub paras of the reply on merits are true and correct to my knowledge and those of paras No.1 to __ of the preliminary objections to the reply on merits are true and correct on the information received and believed to be true. Last para is prayer clause to this Hon’ble Court.

RESPONDENT NO.2, 3 & 4

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

_________________ : COMPLAINANT

VERSUS

_____________ : RESPONDENTS

AFFIDAVIT

Affidavit of Sh. ______ S/o Late _________, aged about …… years, R/o ____________, presently at New Delhi, do hereby solemnly affirm and declare as under: -

1. That I am the respondent no.2in the above noted matter and am well conversant with the facts of the case and as such, am competent to swear this affidavit.

2. That the submissions as to facts made in the accompanying reply to the Complaint under Section 12 of DV Act, has been drafted by my counsel as per my instruction and the same have been read over and explained to me in my vernacular language and the same may be read as part and parcel of this affidavit, which are not reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day ofMay, 2022 that the contents of my above affidavit are true and correct to my knowledge and no part thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

________________ : COMPLAINANT

VERSUS

___________ : RESPONDENTS

AFFIDAVIT

Affidavit of _________ W/o Sh. ________, aged about …… years, R/o __________________, presently at New Delhi, do hereby solemnly affirm and declare as under: -

1. That I am the respondent no.3 in the above noted matter and am well conversant with the facts of the case and as such, am competent to swear this affidavit.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of May, 2022 that the contents of my above affidavit are true and correct to my knowledge and no part thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

_________________ : COMPLAINANT

VERSUS

____________ : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. ________ S/o __________, aged about …… years, R/o ______________, presently at New Delhi, do hereby solemnly affirm and declare as under: -

1. That I am the respondent no.4 in the above noted matter and am well conversant with the facts of the case and as such, am competent to swear this affidavit.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of May, ____ that the contents of my above affidavit are true and correct to my knowledge and no part thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

________________ : COMPLAINANT

VERSUS

___________ : RESPONDENTS

N.D.O.H.: ………2022

REPLY ON BEHALF OF THE RESPONDENTS NO.2, 3& 4 TO THE APPLICATION UNDER SECTION 23 OF DOMESTIC VIOLENCE ACT, FOR AD-INTERIM ORDERS FILED BY THE COMPLAINANT.

MOST RESPECTFULLY SHOWETH :-

PRELIMINARY OBJECTIONS :-

1. That the complainant is also guilty of her own misconduct, matrimonial offences, and cruelties which she has done and has been doing at the instigation of her parents and in the series of her acts. The complainant is a working lady and earning a handsomely.

2. That the complainant has leveled stereo type of allegations in the captioned complaint, needless to say that complainant has humiliated and made the answering respondents to be a scapegoat of the atrocities and cruelties as she has done earlier. It appears that the complainant is not only ill-advised, she is adamant in fulfilling her own desires by doing the highest degree of atrocities and cruelties and is adamant to break the marriage for her own reasons.

3. That the present complaint is misconceived, malafide and is not maintainable in law because the complainant has intentionally and deliberately concealed the material facts from this Hon’ble Court with regard to her source of income. In view of the above submissions, the complainant is not entitled for any maintenance as she is having sufficient source of income of her own. The present complaint as such is liable to be dismissed being meritless.

4. That the present complaint is not maintainable and sustainable in eyes of law as the complainant is trying to take the advantage of her own wrongs.

5. That it is pertinent herein to mention that respondents have lost all his savings due to these multiple litigations.

6. That the complaint as framed is not maintainable under the provisions of Protection of Women from Domestic Violence Act, 2005. The complainant has not given any facts leading to the filing of the present complaint. In the absence of any document or reasons for seeking the relief from this Hon’ble Court, the complaint is incomplete having no cause of action and the answering respondent since has not been provided the facts leading to the filing of the present complaint, is liable to be dismissed summarily. The answering respondents reserves their rights in giving additional reply as and when the complainant gives the background, facts and circumstances by virtue of which the present complaint is filed by invoking the provisions of the Act.

7. None of the requirements in respect of which prayers have been made in prayer clause for restrain the respondents from the subject property. The occasion for filing the present application arises from the circumstance mentioned in the paragraphs of the complaint which may be read as part and parcel of this paragraph and which contents are not being repeated herein for the sake of brevity. She had been living in her own house and living peacefully and luxury life. This shows that the present DV Application is an after-thought and baseless and hence liable to be dismissed outright.

8. There is thus neither a ‘domestic relationship’ nor any shared household as defined in Sections 2(f) and 2(s) of the DV Act. Hence, the Complainant could not have maintained the present complaint under the D.V. Act against the Respondent.

9. That D.V. Act has been enacted for the purpose of providing a monetary assistance to such mother who is incapable of supporting himself or herself inspite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendent-lite alimony.

10. It is stated that as per Sections 2(f) or 2(s) of the D.V. Act, since the Complainant and the Respondent no.1 are not staying together and have not stayed together as a husband and wife in the same household, the making of allegations against the household would not amount to domestic violence in the absence of domestic relationship and shared household as defined under the D.V. Act. In HarbansLal Malik &Ors.v. Payal Malik, 2010(3) LRC 177(DEL), the Hon’ble Delhi High Court while dealing with the definition of “domestic relationship” held as under:

"12. It is apparent that domestic relationship arises between the two persons, who have lived together in a shared household and when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. The definition speaks of living together at any point of time however it does not speak of having relation at any point of time. Thus, if the domestic relationship continued and if the parties have lived together at any point of time in a shared household, the person can be a respondent but if the relationship does not continue and the relationship had been in the past and is not in the present, a person cannot be made respondent on the ground of a past

relationship.

11. It is stated that in Vijay Verma v. State(NCT of Delhi), 2010(3) LRC 291(DEL), the Hon’ble Delhi High Court held that only the violence committed by the person while living in the shared house can constitute domestic violence for the purpose of D.V. Act. Paragraphs 6 and 7 of the Judgment which are material for the present purpose are extracted hereunder:

"6. A perusal of this provision makes it clear that domestic relationship arises in respect of an aggrieved person if the aggrieved person had lived together with the respondent in a shared household. This living together can be either soon before filing of petition or 'at any point of time'. The problem arises with the meaning of phrase "at any point of time". Does that mean that living together at any stage in the past would give right to a person to become aggrieved person to claim domestic relationship? I consider that "at any point of time" under the Act only means where an aggrieved person has been continuously living in the shared household as a matter of right but for some reason the aggrieved person has to leave the house temporarily and when she returns, she is not allowed to enjoy her right to live in the property. However, "at any point of time" cannot be defined as "at any point of time in the past" whether the right to live survives or not. Domestic relationship continues so long as the parties live under the same roof and enjoy living together in a shared household. However, where the living together has been given up. ...... the domestic relationship comes to an end

“7. For that, the purpose of the Act is to give remedy to the aggrieved persons against domestic violence. Domestic violence can take place only when one is living in a shared household with the respondents. ........ Only violence committed by a person while living in the shared household can constitute domestic violence. ....... Domestic Violence is a violence which is committed when parties are in domestic relationship, sharing same household and sharing all the household goods with an opportunity to commit violence."

12. The complainant is not entitled for the relief of maintenance order. Hence, the same is liable to be rejected. The complainant is making huge financial claims in terms of dowry and adopting every type of her activities to humiliate and to implicate the answering respondents, their other members in one or the other matter. Neither the answering respondents committed any domestic violence nor the respondents in any domestic relationship with the complainant. Hence, the relief seek in this complaint are not maintainable and same is liable to be rejected.

REPLY ON MERITS :-

1. That the contents of para 1 of the application are matter of record, need no reply.

2-3. That the contents of paras 2-3 of the application are wrong and denied. It is denied thatthe applicant has been treated with utmost physical and mental cruelty by the respondents and has been thrown out of the matrimonial home along with her 3 years old minor son. It is further denied that the respondents have declined to maintainthe applicant and her minor son despite the facts that the applicant has no other alternative source of income.

4. That the contents of para 4 of the application are wrong and denied. It is denied that the respondents have ample resources to pay for the maintenance of the applicant and her minor son but they have intentionally neglected to maintain the applicant and her minor son.

5-6. That the contents of paras5-6 of the application are wrong and denied. It is denied that the entire istridhan, gold / silver jewelries, cloths, documents of the applicant are in possession of the respondents and they have refused to return the same to the applicant.

7. That the contents of para 7 of the application are wrong and denied. It is denied that the applicant has always been treated with utmost physical, mental, emotional, economic cruelty, and has been deprived of basic necessities including residence and has bene neglected by the respondents.

8. That the contents of para 8 of the application are wrong and denied. It is denied that the applicant’s in laws are enjoying four air conditioner and there are total 13 ACs in the entire building. It is further denied that there are two four wheeler are being enjoyed by the in laws of the applicant i.e. __________ entire family of the respondents are having six cars including above. It is further denied that applicant’s in laws are owing various businesses and properties i.e. ancestral property at __________ (rented out), three shops at _________ (rented out), running shop at __________, running constructions sale & purchase business at ___________ in the name of __________, running sweet shop at _________ in the name ______, farming land in ___________, land in native village at____, running business in the name of “_______ at Green Field, ____ having various cars, apart from various two wheelers etc. It is further denied that in totality the family business income of the respondents is not less than Rs.______ per month and out of which the applicant’s husband must be earning not less than Rs.____ per month individually.

9. That the contents of para 9 of the application are wrong and denied. It is denied that the applicant belongs to medium class and she has claimed a sum of Rs.______ monthly maintenance including household expenses, school fees of child etc. It is further denied that the applicant has also claimed the residence order or in alternative rent of Rs._____/- per month besides that the applicant has also claimed Rs.____ as compensation for domestic violence committed against her. It is further denied that the respondent should be stopped from alienating his properties / shop, etc. as detailed in the petition and his interest in the joint family properties and further restrained from parting or alienating any articles, istridhan, jewelry, document of the applicant. It is further denied that the respondents be also restrained form committing any act of domestic violence against the applicant in any form.

10. That the contents of para 10 of the application are wrong and denied.

Prayer clause along with sub paras and in the light of the foregone this Hon’ble Court may be pleased to dismissed the present application with exemplary cost. The complainant is not entitled for any relief claimed for.

It is respectfully submitted that the present application is absolutely false, frivolous, baseless, misconceived and vexatious even to the knowledge of the complainant herself, besides being unsustainable in law, and therefore, the same is liable to be dismissed with compensatory costs.

P R A Y E R

It is, therefore, prayed that the application of the complainant being false, frivolous and not maintainable legally and on merits, the same may kindly be dismissed.

Pass such other and further orders as this Hon'ble Court may deem in the facts and circumstances of the case.

DELHI RESPONDENTS NO.2,3 & 4

THROUGH

DATED :-

_______________

ADVOCATE

_______________,

New Delhi-110005.

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

___________________ : COMPLAINANT

VERSUS

______________ : RESPONDENTS

AFFIDAVIT

Affidavit of ______ S/o _______, aged about …… years, R/o House ____________, presently at New Delhi, do hereby solemnly affirm and declare as under: -

1. That I am the respondent no.2in the above noted matter and am well conversant with the facts of the case and as such, am competent to swear this affidavit.

2. That the submissions as to facts made in the accompanying reply to the Application for interim relief, has been drafted by my counsel as per my instruction and the same have been read over and explained to me in my vernacular language and the same may be read as part and parcel of this affidavit, which are not reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of May, 2022 that the contents of my above affidavit are true and correct to my knowledge and no part thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

________________ : COMPLAINANT

VERSUS

___________ : RESPONDENTS

AFFIDAVIT

Affidavit of Smt._______ W/o Sh. _______, aged about …… years, R/o __________, presently at New Delhi, do hereby solemnly affirm and declare as under: -

1. That I am the respondent no.3in the above noted matter and am well conversant with the facts of the case and as such, am competent to swear this affidavit.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of May, 2022 that the contents of my above affidavit are true and correct to my knowledge and no part thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

________________ : COMPLAINANT

VERSUS

____________ : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. _________ S/o Sh. _____, aged about …… years, __________, presently at New Delhi, do hereby solemnly affirm and declare as under: -

1. That I am the respondent no.4in the above noted matter and am well conversant with the facts of the case and as such, am competent to swear this affidavit.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of May, 2022 that the contents of my above affidavit are true and correct to my knowledge and no part thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

_______________ : COMPLAINANT

VERSUS

________________ : RESPONDENTS

N.D.O.H.: ………2022

REPLY ON BEHALF OF THE NO.____________ (MOTHER IN LAW) TO THE COMPLAINT IN DETAILS OF DOMESTIC VIOLANCE INCIDENTS FILED BY THE COMPLAINANT.

MOST RESPECTFULLY SHOWETH :-

PRELIMINARY OBJECTIONS :-

1. That the complainant is not entitled for the relief claimed in the complaint, since complainant is guilty of desertion and is living at her parental house of her own choice.

3. That the complainant has leveled stereo type of allegations in the captioned complaint, needless to say that complainant has humiliated and made the answering respondents and other family members to be a scapegoat of the atrocities and cruelties as she has done earlier. It appears that the complainant is not only ill-advised, she is adamant in fulfilling her own desires by doing the highest degree of atrocities and cruelties and is adamant to break the marriage for her own reasons.

4. That the present complaint is misconceived, malafide and is not maintainable in law because the complainant has intentionally and deliberately concealed the material facts from this Hon’ble Court with regard to her source of income. In view of the above submissions, the complainant is not entitled for any maintenance as she is having sufficient source of income of her own. The present complaint as such is liable to be dismissed being meritless.

5. That the whole complaint of the complainant are resting upon the manipulated, fabricated and concocted story and same is sheer abuse and misuse of process of law.

6. That the present complaint is not maintainable and sustainable in eyes of law as the complainant is trying to take the advantage of her own wrongs.

7. That it is pertinent herein to mention that respondents have lost all their savings due to these multiple litigations.

8. That it is further pertinent to mention here that the wife of the respondent no.1 has made a false and concocted story to implicate the respondents and also made false complaint against the respondents.

9. It is further submitted that present complaint is off shot of CAW complaint as well as complaint for domestic violence filed by the complainant and it is most humbly submitted that Complainant voluntarily left the premise of the Respondent after taking away all the valuables including jewelers.

10. That it is submitted that the respondent never subjected the complainant to any cruelties and ill-treated her during her stay at the matrimonial home. It is further submitted that the complainant was given due care and affection by the respondents. It is further submitted that the complainant was given medical care and proper rich diet and during her stay with the respondents all the medical expenses were taken care by the respondents. The complainant was initially taken to Hospital for checkup and thereafter, she was regularly taken Nursing Home and there she was given appropriate treatment as per the doctor’s advice and all these expenses was borne by the respondents.

11. That since very beginning the complainant was having strain relation with the respondent no.1 and answering respondents and after short span of time the complainant started confronted and argue with the respondent and always objected to the acts and thought of the respondent.

12. That the complaint as framed is not maintainable under the provisions of Protection of Women from Domestic Violence Act, 2005. The complainant has not given any facts leading to the filing of the present complaint. In the absence of any document or reasons for seeking the relief from this Hon’ble Court, the complaint is incomplete having no cause of action and the answering respondent since has not been provided the facts leading to the filing of the present complaint, is liable to be dismissed summarily. The answering respondent reserves their rights in giving additional reply as and when the complainant gives the background, facts and circumstances by virtue of which the present complaint is filed by invoking the provisions of the Act.

13. Save and except what is specifically admitted, each and every statement or averment made by the complainant touching upon or seeking to touch upon the scope of controversy between the rival contesting parties in so far as it controverts or seeks to controvert any statement or averment made by the answering respondents herein, is wrong, controverted and denied.

14. None of the requirements in respect of which prayers have been made in prayer clause for restrain the respondents from the subject property. The occasion for filing the present application arises from the circumstance mentioned in the paragraphs of the complaint which may be read as part and parcel of this paragraph and which contents are not being repeated herein for the sake of brevity. She had been living in her own house and living peacefully and luxury life. This shows that the present DV Application is an after-thought and baseless and hence liable to be dismissed outright.

15. At the very threshold, it is stated that the entire complaint is an after-thought of mendacious lies, concocted events and fabricated incidents and therefore, the very act of the filing of the present complaint by the Complainant is an act of rank dishonesty and brazen abuse of the process of law and therefore, deserves to be dismissed at the very threshold but in the light of the averments made hereinabove and further in the light of the averments and statements made hereinafter, with heavy and exemplary costs.

16. That this Hon’ble Court cannot entertain the present complaint as the Answering Respondent does not satisfy the definition of ‘respondent’ under Section 2(q) of the DV Act.

17. That this Hon’ble Court cannot entertain the present DV Application as it is quite vague and lacks in material particulars necessary for invoking the provisions of the D.V. Act.

18. It is stated that the purpose is that all allegations made in the application must be specific and the Court should not exercise jurisdiction without considering a domestic incident report since it is necessary for the Court to know before issuing any notice to respondents as to who was the respondents who caused domestic violence, what was the nature of violence and when it was committed or perpetrated. The proforma specifies different heads of violence, namely: physical violence, noise violence, verbal and emotional abuse, economic violence, dowry related harassment and other forms of violence. The proforma also provides for filing of documents in support of the application like medico-legal certificate, list of ‘assets / stridhan’ and other documents.

19. That the Complainant does not have the right to file the present DV Application against the Answering Respondents under D.V. Act and seek any protection order under Sections 18, 19, 20 and 22 when there is no domestic relationship between the Complainant and the Answering Respondent. A protection order can be obtained only against a person who is in a “domestic relationship” as defined under S.2(f) of the Act with the aggrieved person. To understand the same, it would be appropriate to have a look at the definition of domestic relationship and shared household as given in Sections 2(f) and 2(s) of the D.V. Act.

20. There is thus neither a ‘domestic relationship’ nor any shared household as defined in Sections 2(f) and 2(s) of the DV Act. Hence, the Complainant could not have maintained the present complaint under the D.V. Act against the Respondents.

21. In this connection, it is stated that in the case titled as “S.P. Chengalvarya Naidu (Dead) and Others Vs. Jagannath (Dead) by LRs and others – (1994) 1 SC 1 the Hon’ble Supreme Court per Kuldip Singh J. observed as follows:

“(i) One who comes to the Court must come with clean hands. A person whose case is based on falsehood, has no right to approach the Court. He can be summarily thrown out at any stage of litigation. A judgment or decree by playing fraud on the court is a nullity and non-est in the eyes of law ……. has to be treated as a nullity by every Court – superior or inferior;

(ii) A fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another ………….. A litigant who approaches the Court is bound to produce all the documents……….. If he holds a vital document in order to gain advantage on the other side, then he will be guilty of playing a fraud on the court as well as on the opposite party.

22. That D.V. Act has been enacted for the purpose of providing a monetary assistance to such mother who is incapable of supporting himself or herself inspite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendent-lite alimony.

23. That it is pertinent herein to mention that answering respondentsare highly tensed these days due to the false litigation filed by the complainant and also, respondent wants to take care of the complainant but she refused to do so.

24. That the complainant is guilty of her own conduct. She has deserted and neglected the respondent No.1. And answering respondents was humiliated, insulted not only by the complainant with his wife, but also by in society.

25. The Complainant is hedonist by nature and cares for only her comforts and pleasures without caring for the Respondents. Hence, the present DV Application is liable to be dismissed as the Complainant has never performed her functions as a mother. The occasion for filing the present complaint arises because the plans of the Complainant to continue to loot and mulct the Respondents have crashed.

26. It is stated that as per Sections 2(f) or 2(s) of the D.V. Act, since the Complainant and the Answering Respondent are not staying together and have not stayed together as a husband and wife in the same household, the making of allegations against the household would not amount to domestic violence in the absence of domestic relationship and shared household as defined under the D.V. Act. In HarbansLal Malik &Ors.v. Payal Malik, 2010(3) LRC 177(DEL), the Hon’ble Delhi High Court while dealing with the definition of “domestic relationship” held as under:

relationship.

27. It is stated that in Vijay Verma v. State(NCT of Delhi), 2010(3) LRC 291(DEL), the Hon’ble Delhi High Court held that only the violence committed by the person while living in the shared house can constitute domestic violence for the purpose of D.V. Act. Paragraphs 6 and 7 of the Judgment which are material for the present purpose are extracted hereunder:

28. That the present complaint is not maintainable as the complainant has not approached this Hon’ble Court with clean hands and suppressed the true and material facts from this Hon’ble Court.

29. The complainant is not entitled for any relief prayed in the complaint. Hence, the same is liable to be rejected. The complainant is making huge financial claims in terms of dowry and adopting every type of her activities to humiliate and to implicate the answering respondents, their members in one or the other matter. Neither the respondents committed any domestic violence nor the respondents in any domestic relationship with the complainant. Hence, the relief seek in this complaint are not maintainable and same is liable to be rejected.

REPLY ON MERITS :-

1. That the contents of para 1 of the complaint are matter of record, need no reply.

2. That the contents of para 2 of the complaint are denied to the extent that

3. That the contents of para 3 of the complaint are matter of record. It is denied that

4. That the contents of para 4 of the complaint are wrong and denied. It is denied that

5. That the contents of para 5 of the complaint are wrong and denied. It is denied that

6. That the contents of para 6 of the complaint are wrong and denied. It is denied that

7. That the contents of para 7 of the complaint are wrong and denied. It is denied that

8. That the contents of para 8 of the complaint are wrong and denied. It is denied that

9. That the contents of para 9 of the complaint are wrong and denied. It is denied that

10. That the contents of para 10 of the complaint are wrong and denied. It is denied that

11. That the contents of para 11 of the complaint are wrong and denied. It is denied that

12. That the contents of para 12 of the complaint are wrong and denied. It is denied that

13. That the contents of para 13 of the complaint are wrong and denied. It is denied that

14. That the contents of para 14 of the complaint are wrong and denied. It is denied that

15. That the contents of para 15 of the complaint are wrong and denied. It is denied that

16. That the contents of para 16 of the complaint are wrong and denied. It is denied that

17. That the contents of para 17 of the complaint are wrong and denied. It is denied that

18. That the contents of para 18 of the complaint are wrong and denied. It is denied that

19. That the contents of para 19 of the complaint are wrong and denied. It is denied that

20. That the contents of para 20 of the complaint are wrong and denied. It is denied that

21. That the contents of para 21 of the complaint are wrong and denied. It is denied that

22. That the contents of para 22 of the complaint are wrong and denied. It is denied that

23. That the contents of para 23 of the complaint are wrong and denied. It is denied that

24. That the contents of para 24 of the complaint are wrong and denied. It is denied that

25. That the contents of para 25 of the complaint are wrong and denied. It is denied that

25. That the contents of para 26of the complaint are wrong and denied. It is denied that

25. That the contents of para 25 of the complaint are wrong and denied. It is denied that

Since, there has been neither incident nor the facts and circumstances leading to the filing of the complaint is shown or mentioned, as such, in absence of the same, no specific answering can be given. However, the complainant is not entitled for any of the relief as claimed in the answering para by invoking any of the provisions of the Act, either U/s. 18, 19, 20,21, 22& 23 of the Act.

P R A Y E R

It is, therefore, prayed that the complaint of the complainant being false, frivolous and not maintainable legally and on merits, the same may kindly be dismissed, in the interest of justice.

Pass such other and further orders as this Hon'ble Court may deem in the facts and circumstances of the case.

DELHI RESPONDENTS NO.2,3 & 4

THROUGH

DATED :-

___________

ADVOCATE

_______________,

New Delhi-110005.

VERIFICATION :-

I, the above named respondents do hereby verified at Delhi, on this __ day of May, 2022 that the contents of paras No.1 to 35 of the reply on merits are true and correct to my knowledge and those of paras No.1 to ___ of the preliminary objections to the reply on merits are true and correct on the information received and believed to be true. Last para is prayer clause to this Hon’ble Court.

RESPONDENT NO.2, 3 & 4

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

_______________ : COMPLAINANT

VERSUS

_____________ : RESPONDENTS

AFFIDAVIT

Affidavit of Sh. ______ S/o Late Sh. ______, aged about …… years, R/o House _________, presently at New Delhi, do hereby solemnly affirm and declare as under: -

1. That I am the respondent no.2in the above noted matter and am well conversant with the facts of the case and as such, am competent to swear this affidavit.

2. That the submissions as to facts made in the accompanying reply to the Domestic Violence Incident Complaint, has been drafted by my counsel as per my instruction and the same have been read over and explained to me in my vernacular language and the same may be read as part and parcel of this affidavit, which are not reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of May, 2022 that the contents of my above affidavit are true and correct to my knowledge and no part thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

______________ : COMPLAINANT

VERSUS

____________ : RESPONDENTS

AFFIDAVIT

Affidavit of Smt. _______ W/o Sh. Jai Prakash, aged about …… years, R/o_________, presently at New Delhi, do hereby solemnly affirm and declare as under: -

1. That I am the respondent no.3in the above noted matter and am well conversant with the facts of the case and as such, am competent to swear this affidavit.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of May, 2022 that the contents of my above affidavit are true and correct to my knowledge and no part thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE (MAHILA COURT) SOUTH-WEST DIST. SAKET COURTS; NEW DELHI.

D.V. CASE NO. ………. OF 2021.

IN THE MATTER OF: -

__________ : COMPLAINANT

VERSUS

___________ : RESPONDENTS

AFFIDAVIT

Affidavit of Mr_______S/o Sh. _____, aged about …… years, R/o _______, presently at New Delhi, do hereby solemnly affirm and declare as under: -

1. That I am the respondent no.4in the above noted matter and am well conversant with the facts of the case and as such, am competent to swear this affidavit.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of May, 2022 that the contents of my above affidavit are true and correct to my knowledge and no part thereof is false and nothing material has been concealed therefrom.

DEPONENT

Pages

Other Pages

Quick Contact