Template Written Argument to deny Maintenance to Strange Wife
IN THE HON'BLE COURT OF METROPOLITAN MAGISTRATE
[City Name]
[State Name]
Criminal Petition No: [Petition Number]
RESPONDENT'S WRITTEN ARGUMENTS
IN THE MATTER OF:
[Petitioner's Name] ...Petitioner/Wife
Versus
[Respondent's Name] ...Respondent/Husband and Ors.
MOST RESPECTFULLY SUBMITTED:
I, the respondent no. 1 in the present case, through undersigned counsel, humbly present the following written arguments before this Hon'ble Court in response to the petition filed by the petitioner, [Petitioner's Name], under Section 12, Section 19, and Section 21 of the Protection of Women from Domestic Violence (PWDV) Act, 2005.
JURISDICTION:
This Hon'ble Court lacks jurisdiction to adjudicate this matter as the petitioner's claims do not fall within the purview of the PWDV Act. There is no evidence of any act of domestic violence committed by the respondent or any of the family members. Therefore, the petition should be dismissed on jurisdictional grounds.
FALSE AND FABRICATED ALLEGATIONS:
The petitioner's allegations of drinking and beating are entirely false and fabricated. The respondent denies ever engaging in such behavior. On the contrary, it is the petitioner who consistently taunted, abused, and provoked the respondent and his parents, creating a hostile environment within the marital home. The petitioner's false allegations are an attempt to defame the respondent and extort money.
LACK OF PROOF AND VAGUE ALLEGATIONS:
The petitioner has failed to provide specific dates or incidents to support her claims. The allegations made against the respondent and his family members are vague and unsubstantiated. The petitioner should be required to provide concrete evidence to substantiate her allegations of dowry demands, physical abuse, or any other form of torture.
PETITIONER'S MISREPRESENTATION OF INCOME:
The petitioner deliberately hides her income, assets, and investments to falsely claim maintenance. She suppresses her actual income, assets, and investments to portray herself as unemployed. Contrary to her claims, the petitioner earns more than Rs. 40,000 per month, including regular monetary credits. Her attempts to extort money from the respondent by falsely alleging unemployment are baseless and misleading.
RESPONDENT'S INCOME AND ASSETS:
The respondent's income and assets have been exaggerated by the petitioner. He earns only Rs. 30,000 per month working in a call center in Gurugram, Haryana. The petitioner's claims of multi-crore investments and premium club memberships are false and unsupported by credible evidence.
MEDICAL RECORDS:
The petitioner's medical records related to the birth of their daughter do not indicate any signs of torture or mental distress. Her claims of physical and mental abuse are baseless and contradictory to the medical records, which would have reflected any distress or signs of abuse. The respondent has fulfilled his responsibilities and provided financial support for the petitioner's medical expenses during pregnancy.
LACK OF WITNESSES AND EVIDENCE:
The petitioner has failed to present any witnesses or provide documentary or electronic evidence to justify her claims under the domestic violence act. The absence of proof or substantiation raises serious doubts about the veracity of the petitioner's allegations. They appear to be baseless and intended solely to harass the respondent and his family.
MAINTENANCE AND FINANCIAL SUPPORT:
The respondent denies ever depriving the petitioner of financial support. He has fulfilled his responsibilities by regularly paying for their child's fees, medical expenses, clothing, and including them in the family insurance policy. The petitioner strategically took money from the respondent in cash to avoid leaving evidence of financial support and strategically planned her abandonment of the matrimonial home.
INJUNCTION AGAINST DEROGATORY REMARKS AND EMOTIONAL ABUSE:
The court should issue an injunction against the petitioner and her parents, restraining them from making derogatory remarks or indulging in emotional abuse against the respondent. They should also be prohibited from contacting the respondent's workplace or attempting to tarnish his image within the office or society.
COMPENSATION AND RELIEF:
The petitioner's false and baseless claims warrant no compensation or relief. She has failed to provide any proof or evidence of abuse or torture. Her request for compensation should be dismissed. The court should also consider imposing heavy costs on the petitioner for abusing the legal process and misleading the court with false allegations.
CONCLUSION:
In conclusion, the respondent respectfully prays that this Hon'ble Court dismiss the petitioner's allegations and grant justice by rejecting her petition for maintenance and other reliefs sought. A fair and impartial trial should be conducted, considering the lack of evidence and intentional misrepresentation of facts by the petitioner.
Dated: [Date]
[City, State]
[Respondent's Name]
(Respondent/Husband)
Through Counsel:
[Name of Counsel]
[Address of Counsel]
[City, State]
_________________________________________________________________________
हमे डर आतंकवादी, तालिबान किसी से नही लगता सिर्फ डर लगता है तो इस #LegalExtortion #LegalTerrorism से लगता है। अगर सरकार हमारी रक्षा नहीं कर सकतीं । हमे इस महिला आतंकवाद से नही बचा सकती तो हम किस मुंह से कहे हमे अपने देश पर गर्व है ?
#StopAbuseMen a movement intends to work for Men's welfare and strongly believe in replacing the word Men/Women by Person and Husband/Wife by Spouse in any Government law or policy. #MenToo are Human, they also have Constitutional Right to Live & Liberty with Dignity (#Article21 ) . #Unfairlaw or Policy can not bring Fairness in any Society, it only kills fairness in Justice System and harmony in Society. #SpeakUpMan. Help Line for abused/distressed Men ( SIF - One): +91-8882498498.
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