The standard thing that needs to be done when husbands get summons from court in maintenance/DV case is to file objections. Ok, some people may say that the judge will send the case to mediation first, but the useless drama that goes by mediation is the subject of another post later. So here I provide very simple way how to write the objections for each statement in wife’s petition. It is always advised to write your own and send it to advocate for taking print and filing in court. Because even though wives are allowed to tell lies and rampant contradictions, higher standards may get applied to statements made by respondent husbands.
The standard way is like this:
Wife’s petition says:
In the XYZ court between
Maharani DV-498A Petitioner
vs
‘Victim’-of-false-cases Respondent
1. I got married on XYZ date in ABC place etc.
2. I was not given food
3. I was beaten up
4. Husband is impotent
5. I was sexually abused
6. blah blah blah
In the end, her petition says: “I should be given 50,000 p.m maintenance, legal costs, blah blah blah…”
So your objection /written statement should be like this:
1. Admitted the fact of marriage of petitioner and respondent on XYZ date in ABC place. (if the fact of marriage and date/place are true)
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2. Petitioner’s allegation that “I was not given food” is denied and she is put to strict proof of the same. Or maybe better to use third person format like: Petitioner’s allegation that she was not given food is denied and she is put to strict proof of the same.
3. Petitioner’s allegation that she was beaten up is denied and she is put to strict proof of the same.
Similarly take each para/point in petition and if something is true, you can accept that and whatever is false you can deny in same format as above.
You can also add up some of your own points, story, or allegations if you will. Later on the same can become part of your evidence/affidavit. This is because if wife makes even false allegations but we don’t even state the actual domestic violence at hands of wife what happened; then a presumption may arise in mind of judges that the one who makes allegations might have at least 20% truth in those allegations, but the one who simply denies but has no counter-allegations to make might be the culprit. Don’t ask me the logic behind this, family courts are not run based on much logic anyway. It’s a psychological game so one shouldn’t be seen to be coming under any pressure. Or to take a logical perspective of human psychology behind it: Trying only to defend may not be the right defence. Many lawyers will suggest in beginning to focus only on denial and defending (to steer towards C-word basically), but I tend to disagree because if the cases actually go to evidence and full trial, not having made any allegations in the objection statement may create a disconnect and a disadvantage.
In the end, state that “for the reasons mentioned above, petitioner’s petition should be dismissed with exemplary costs, in the interest of justice and equity”.
During the objections, one need not give any evidence. But I would not be very strict about ”don’t disclose any evidence till trial” policy advocated by many. It’s not a purely legal game, it’s also a psychological game, so if one can create some fear in opponent’s minds at the very beginning of the cases by disclosing some tactical evidence; they may feel the same fear and uncertainty that they want you to feel about what’s going to happen next. This can be suitably followed up to make them agree to a zero or token alimony divorce. Else they may think that you are scared OR you want to beg and bring wife back, which never works in practice anyway as explained in the main Advice to men post.
Below update on 13/04/2017:
Questions on preparing and writing WS/Objections
OP: Opposite Party (wife etc in matrimonial petitions/complaints)
1) What is the ideal way of preparing the WS: Deny all N allegations serially point-by-point with N statements. Then write your own allegations in a separate section under “Additional Plea”?
OR
Deny all N allegations and also include our own statements in between, thus maintaining a chronological order of statements?
A combination of both can be probably most practical and suitable. The reason for this is that some of your counter points and rebuttals make sense when made immediately after refuting the false allegation point made by OP to which they are strongly connected based on time/date of event etc. This makes for a nice flow, and these counter points can later be used at arguments stage too. Many a time the false petitions of OP contain vague allegations without proper time, dates or even chronological order. In that scenario, you may tactically give your own version of the facts and you can put accurate time/dates also to make it look more plausible and professionally written too. In case the OP’s petition has points given in random time order, you need not bother why they have made points jumbled up in time, but just reply to each point in OP’s petition/complaint in same order they appear.
After refuting of OP’s points above is done, you may still have your own points to make and facts to disclose about abuse/cruelty done to you, and give statements of facts which are important but conveniently hidden by OP, and maybe even to unload things off your chest and put them on paper and let the judicial process take a decision later on whose version is closer to truth. Now you can make all these points preferably in chronological or topical order (e.g. all child related points if any could be made all together). It’s more important that the points are all put on paper than aiming for perfection in ordering, organising of logical flow etc. Writing to perfection can be very time consuming and probably not needed either given the OP cases are based on thin grounds. We are not writing a fiction novel but a legal reply to a badly made OP’s petition. What’s desirable and enough is that your WS reply should make for a logical reading and an unfolding story.
2) While denying the allegations, it is advisable to:
Just deny generally like “allegation that she was not given food is denied and she is put to strict proof of the same”
OR
Add your own way of proving the allegation false like “allegation that she was not given is denied because she was on holiday/office/xyz place and it’s not possible to have not given her food”
Strictly speaking a denial may be enough and that’s what most lawyers also suggest. The only problem I have seen with this deny-only-because-I-am-innocent-anyway approach is that matrimonial cases are fought based mainly on allegations and very little substance by way of documents, recordings, messages etc. Interim orders are given routinely based on so called ‘force’ of allegations made by wives. That is how the situation has come about that it has become more about how to survive and play in a drama. But the main advantage of giving arguments and pointing out contradictions and inconsistencies within OP’s petition/complaint is that it tends to put the OP/advocate on backfoot since for too long the wife’s side and advocates have been acting like they are ‘players’ with an exaggerated sense of entitlement and overconfident attitude in courts. A strongly worded and logically explained WS immediately punctures their confidence by 50% at least, and mostly it is being seen that they are actually even reluctant to come for evidence stage after that.
Another very important thing that is being seen is that after filing a strong WS, many judges are asking for complainant to move to evidence stage directly without considering her interim application for maintenance etc. That is a huge win since it means now they can get relief only after full judicial trial of evidence, cross-exam etc, which the OP side are most reluctant to engage in since their goal usually is not to get quick trial and justice for their allegations but to get interim maintenance and then sit and relax.
3) Is it required or advisable to include any precedence/judgement regarding maintenance/costs/alimony/support in the case where wife is working/educated/able to work?
Though citing judgments is normally done while doing arguments on interim applications or for final arguments on main petition/complaint, putting a few citations may not harm. But it should not be carried to an extreme. Many people think that just collecting judgments and citations will help their cause but if the judgment is not matching facts of your case closely, it may only distract from the overall case and arguments.
4) Can we request dismissal of petition based on jurisdiction too apart from the other statements and allegations?
A case cannot be filed normally if jurisdiction does not exist in that court. This a basic point of law but somehow the adhering to basic points of law has been pushed under the carpet in favour of accepting any case which is submitted to a court, and let the proceedings begin. Although many lawyers suggest to file objections and raise jurisdictional simultaneously as a point, somehow it seems totally against common legal sense. If you start giving point by point reply to whole petition/complaint of OP then in a way you are admitting that the petition/complaint is valid. An alternative approach can be to be ready with written objections but at first make submissions and argue for case dismissal itself since it is not maintainable due to jurisdiction. If that submission is overruled, then you can file WS on next date itself.
I tendered my Reply/ WS as have been guided above in DV case.
Now wife has tendered her Evidence Affidavit and she has been crossed examined by me and I have been able to bring out many lies in her affidavit, etc.
Now my question is what has to be the format/ line of action in my Evidence Affidavit especially (i) I understand I need to change word “respondent” to word “deponent” everywhere, but in addition I want to know (ii) whether I should again reproduce Preliminary Objections as taken in my Reply/ WS along with parawise replies (iii) whether I should include facts admitted by her in her cross examination plus lies & contradictions etc. brought out in her cross, as my evidence in my evidence affidavit or should I leave those for arguments (iv) in my reply/ WS I have not attached any documentary evidence e.g. photos, her salary proof etc. shall I attaché the same now and whether I need to explain the same in my evidence affidavit besides enclosing?
1. Evidence affidavit is what are your facts which you state on oath, so whatever is your end of the story has to be part of it. The denial part has already been done in WS/Objections, so it’s not necessary to repeat those paras unless they form part of your allegations or story. In case of doubt, there is no harm in putting a point that is there in WS/Objections.
2. No need to put cross-exam of wife in evidence affidavit. All that is part of the record to be used during arguments.
3. Exhibits/Documents are the core part of the apart from affidavit (story). Without them, the affidavit t will be like someone’s personal life story without any way to verify any part of it! E.g someone says in affidavit “I have taken very good care of wife throughout marriage”, and he gives many specific points like spending on household, personal expenses, trips taken together etc, but there is no documentary proof of any of those, then it becomes like a nice interesting story but open to doubts.
4. It is good to give some basic explanation of the exhibits in affidavit (you can replace wife with Petitioner/Complainant etc).
E.g. Proof of own statement in affidavit: “I state that I and my wife went on a 3 day trip to xyz place in the month MMM of year YYYY and she was very much happy with me at the time. The photos in exhibits from month /year MM/YYYY can prove the same.”
E.g. Proof against wife’s allegation made in her affidavit: “I state that my wife’s allegations that she was thrown out of the house on DD/MM/YYYY are a complete falsehood and fabrication. In fact, on that day and around that time she went out in an Uber taxi along with her brother who had come to pick her up. The exhibits show photographs taken from building’s CCTV camera video which show that entry of her brother into the apartment complex at HH:MM time and subsequently both of them leaving in Uber taxi at HH:MM time together peacefully by themselves.”
May the force be with you! 🙂
Hi, My case is quite unique. Need some guidance for way forward. We have been married for almost 15 years and have two daughters (aged 7.5yrs and 4.5Yrs). We got married in 2005 and in the beginning had a smooth relationship and only issue was her fear of physical intercourse and that persisted for few years. Every other aspect was fine. Both of us were working and had good jobs and were getting along happily. All that while I would encourage her to build her career, not to leave job and used to manage the family financially. Her earnings were mostly used by her to support her mom and younger brother. In 2007 her younger brother was detected with cancer and after battling for 2-3 years, passed away in 2010. During that phase she was mostly at her elder sister’s place where her brother was going through palliative care. Once her brother passed away, the whole family changed. Her elder sister is childless and runs a radical feminist NGO. My wife is too close to her sister and does blindly whatever she spoonfeeds her and she will always be doing helicopter parenting to her. Also my wife has vulnerabilities with respect to anxiety, unfounded fear, narcissism, inferiority complex, enviousness, social anxiety, avoidant attachment, emotional witholding etc. When she spent time with her sister during her brother’s illness and thereafter (she started to go frequently to meet her and stay over there for weeks/months every now and then), she got totally brainwashed and she from being a spiritual, faith based person (that used to provide her strength and coping mechanism for her anxieties), change to a radical feminist, a leftist with strong postmodernist character, an atheist (grudge against God as He didn’t save her brother), binary thinking, left echo-chamber addict etc. She found a safe space to her sister and she will be bombarded with 100s of opinion/political ideology/narrative based links on a daily basis and she will just spend time in a closed room reading those. All the common time, interest, etc that we had together had gone. She started emotional withholding and started running from all responsibilities. Few confrontations (more like nauk-jhok rather than any extreme incident) happened between us as I felt totally ignored, I was doing everything financially to being provider (had cook, maid, daycare for kids …) and still at the end there was just complete emotional apathy from her side towards me and total avoidance. Couple of times she also deserted me but on insistence of my mother, I put the truth and my ego behind in hope and well being of the relationship and future of our kids. In the meantime I also constructed a big villa and we had plans to move in May 2019. In March 2019 the situation was that she had not even slept with me for almost many months with one alibi or the other (no time, tired, office work, have to read book etc) and was neither even spending time to even talk and plan on moving to the villa. Once at night when kids slept early, I tried to create some talking time which again she avoided. I just so happened that that night we slept next to each other and cuddled after long time and due to wrong signalling from her, I went further ahead and then she had panic attack and started shouting like a true radical feminist lecturing on consent etc. Finally, I had enough of these cruelties and no emotions from her and planned to move to the villa with the kids and told her she can decided what she wants to do. In fear, she went to a lawyer and on her lawyer and her elder sister advice, filed a child custody case and an interim order request to stop me from taking kids away. I too consulted few lawyers and others and 2 days before the summon, I took the kids and moved to the newly constructed villa and same day my parents came to stay with me. On summon day (july 2019) her lawyer requested to allow her to come to the villa and stay there and to give her a separate room. I agreed. We went through mediation but nothing happened as her approach there was also “my way highway” and there also she told that “weekdays are for office and weekends are for herself”. She is now living in the house with me with kids and just freeloading. No financial burden inspite of earning so much, no household responsibilities and even she kids doesn’t matter to her. Many a time kids don’t even know if mom is at home or not. They spent most of the times with grandparents and they feed them, get them to home from school bus, do all kinds of childcare and engagements. I filed to dismiss the case (without filing point by point objections) since we are living together and kids are with us. In the meantime, she thought I might take divorce route or transfer the property (villa) in my parent’s name and in just order to avoid that and keep freeloading, she not only filed an amendment to the child custody petition but also filed a DV case to restrain me from throwing her out, throwing her belongings, separating her from kids, transferring my movable/immovable property etc. On consulting with my lawyer, I have also now gone ahead and filed a RCR in the family court (where child custody is filed by her) and with additional request to merge the two case. I have detailed out the non-consummation, her desertions of the past and other incidents of torture and harassment I have to go through in detail. The DV case has been filed by her in Magistrate court (and not family court where the other case is). So here’s my situation – I have a wife who basically is a narcissist, freeloading in the house, don’t share responsibilities and finances, kids also in reality doesn’t matter to her, and yet she will not divorce me as she knows all her 24 hrs me time she gets with a luxurious house to live in and every aspect taken care of will be gone and she will not be able to manage it herself alone. And she also has fear of attachment and conjugation with she wants to avoid at any cost (that has driven her to this situation). Please advice what to do? How to come out of this status quo – either way (divorce or court making her realize what family/marriage/obligations/responsibilities mean).
It’s not that unique. Feminist influence is seen in all cases. If you want divorce, then RCR needs to be withdrawn first. Court will not make her realize anything, that’s not how they function and lawyers and adversarial system of law applied in family courts will take care of the rest. Furthermore, they get measured on things like number of cases disposed, not on number of reonciliations (though a reconciliation could also be counted as a disposal).
Basically, she is hoping that she will grab that villa someday. Maybe her sister has convinced her about the bondage that are kids, too! Silver lining is children’s relationship. You should make sure to keep that going for a few years till they mature further, because in courts it will be trying to get few hours of ‘visitations’ in a month.
Also, suggest to file your own child custody case. Filing case itself has certain legal power to it and shows your intention, too.
File for injunction on mother taking kids out of the jurisdiction of the city until disposal of the case.
i have received a notice of maintenance after four years of filing 498a on me and family members, where in the police had remoived names of my sisters who are from other states from final chargesheet, layter on my sisters have filed defamation cases against wife,after which as counter blast she has filed a maintenance case, my question is there are grounds like suppression of facts ,unclean haqnds,etc, so can i file a petition for dismissal of maintennace on the said grounds before filing of my counter, can i file for dismissal under sec 151,cpc praying the court for dismissal of petition prior to trial, iam fighting party in person.will this be an I.A, and can this be accepted.
None of those will work because maintainability of maintenance case mainly depends on that she is your wife, and not on things like suppression of facts, unclean hands etc which are to be put in Objections. So filing of Objections to main petition, and fighting on merits is right way.
I have gone through your various articles and suggestions that you have quoted on various queries.very concise useful and based on time. Thank you.
Hello Sir,
My wife has filed 498a case on me and my parents near her hometown.after FIR in police station I got many calls from her relatives that she wants to take her case back you compromise the case and both of you go for divorce. But later come to know that it was trapped with some planning to make harsh quarrels and defame us if we agree, and this call not from her or her parents.these people use third person to convince us to settle the matter.
Before filing charge sheet in court (7 days before) my father got call from one gundas and my wife from his phone that settle the case out side the court we will give you 10-15 lakhs, make divorce draft give her divorce. as well as he used abusive language about us, courts everyone. his statement is that you will face consequences in future, my people is around you. you will come to know later what will happen. if you not agreed you will get notice legally will drag you towards us. as per their statement we got notice from police that chargesheet will going to file in court and you should present in court. We came across that these incidents are pre-planned activity.Activity to assault us. we have filed NC on that person also.
My question is –
1.Police have filed chargesheet under CRPC 173(8) as well as requested in chargesheet to magistrate that if any evidence or witness observed allow us to amend in chargesheet. and this threaten call incident taken place when FIR is in police station. So police can include this things as a evidence in chargesheet as per procedure?
2.Police have rights to do investigation because these things related to my case
3. As per procedure, If police does not have right to investigate if chargesheet have been filed then we have to approach to magistrate or police can approach to magistrate for further investigation?
Note: Police (IO) ignoring my complaint right now.
Please suggest
Your complaint about the threats over that phone call WILL NOT be investigated by police under the 498A FIR by wife. Well actually, there is no reason why they cannot be investigated, BUT I’m saying it based on how Indian police handles matrimonial cases and how their attitude is towards any statement made by accused which can be in favour of accused – basically IGNORE!
The part about amending the 498A charge-sheet is only about taking additional statements from complainant and her witnesses, not from accused.
You will have to pursue your NC on those persons independently. If necessary, later you can try to approach court with a PCR (private complaint report). Based on your description, that unknown caller has said many things but he did not make a specific actual threat to harm you or your family, it is all indirect talk so it may not be taken seriously enough by police, or by court if you try for PCR. But it definitely fits into IPC 506 (criminal intimidation) at the least so you can read up on that and pursue based on that. The police should trace the owner of that phone number and find out more, if they don’t do it then they are abiding by the it’s-a-matrimonial-case-so-just-ignore-husband-unless-he-is-physically-injured-or-actually-dead approach followed by most of police in India.
how to draft a legal notice directing the accused to show the source of documents filed by them?The complainant believes that it has been obtained illegally.
Even if it’s illegally obtained, evidence will be valid. You may file complaint to relevant authorities.
Thanks for this..really cleared my mind.
Hello Friends, My wife has premature Ovarian Failure which means ovary fails in the young age and she is impossible to get pregnant as she has no eggs in her ovaries and she will face lots of dangerous deceases like Bone weakness, Heart Attacks, Vaginal Dryness,Depression,Emotional Anger and mood Swings,No Interest in Sex, She get periods once in 7 months she is same like old lady 55 years. This decease occur either by birth or at the time of Maturity of the girl. At the time of marriage they have hidden this fact and cheated me
In short you can say she is as same as a granny with 55 years old.
Premature Ovarian failure symptoms are
Irregular or skipped periods (amenorrhea),
Hot flashes.
Night sweats.
Vaginal dryness.
Irritability or difficulty concentrating.
Decreased sexual desire.
I want the divorce and when i have spoke the same with her she is advising me to marry some poor girl with the Terms and Conditions of her.
My wife’s Terms and Conditions allow me for second marriage :
1.I need to give her the property worth 50 lakhs as her security of life.
2.Girl should not have parents, it means girl should be orphan
3.Girl should be from very poor family
4.Girl should live in the same house where my first wife also be part of , it means under same roof.
5.If at all the new wife gives birth to children, she needs one child completely.
6.And also she told that she will search the girl on her own no one should interfere, it means my wife will search as per her choice i should simply marry based on her conditions.
I have all the proofs like phone voices recording in which she is discussing and forcing me to accept the above conditions.
I have one more proof that her parents is also insisting me on this and i have the same phone recording.
I am Muslim and i am currently working in Saudi Arabia. my age is 29 and I want justice ,My wife is also threatening me that she is file the case on me like 498A.
My parents have filed a complaint in the Women police station yesterday.
I want to know what will happen further regarding my job and my parents ?? kindly Advice
Muslim personal law may have such possibilties, I am not sure. Other ideas are too fantastic to give a serious answer to.
But things like DV Act, CrPC 125, IPC 498A are applicable to all Indians irrespective of personal laws. So the same ‘granny’ wife might file DV case or IPC 498A on you once you bring back this second wife. In that case, the same advice is applicable as in articles and posts on this site.
As per muslim law you may divorce ur first wife. But u will have to pay life time maintenance to her. U r free to select a woman of ur own choice for remarry if she is also agree to marry with u,do not hide anything from her
Any idea what happens after you submit this kind of document
Also under which section this needs to be submitted.
I am assuming you’re reading this after a real DV or CrPC 125 case filed on you, and not just trying to increase General Knowledge.
To get up to speed, you may want to read my book: http://www.amazon.in/dp/B00VCA7YDS/ref=nosim?tag=menrigind-cm_mnt-21
>> Also under which section this needs to be submitted.
About section etc, leave it to the lawyer; that’s basic part of his/her job for the fees received from client. To fight effectively, we should learn how to use lawyers’ services, rather than trying to become lawyers ourselves (unless of course one is inspired to be).
I really appreciate your work, experience advises & detailed guidelines.
You have cleared my mind out of confusion, as i was trying to get my wife & 3 years son back by doing the “C” types act.
I would just want to make one request to you is could you please also write somethings on how to mentally prepare yourself to defend/Win a DV CRpc 125 case. Also add some possibilities to retain the boy/girl child custody.
You are doing a great work for Men community. Keep it up, Thank you & god bless.
>> how to mentally prepare yourself to defend/Win a DV CRpc 125 case.
Decide on what’s more important: Self-Respect, or outward ‘respect’/Approval of others (wife, relatives, society etc).
If the choice is outward respect and approval of others, then the person is not really mentally prepared. He will try tricks, do silly things like filing RCR when he doesn’t really want wife back/quitting job etc.
If the choice of Self-Respect is clear, then most ground is already covered. Next step can be to interact with others in similar situation, and both share as well as listen. That requires person to let go of the stupid idea that his case is genuine /unique/special; as if he’s the only one facing these problems. Many people are stuck on this part too, they keep coming to MRAs with the grand idea of their own special/unique/genuine innocence, so in effect they are not facing reality; and at worse they feel other men are possibly evil/wrong-doers/criminals, but I’m the innocent/genuine/haven’t taken any dowry etc. Usually they do badly too in their own cases, because then the judge also is inclined to think that ‘others are criminals, I’m the judge’. The karma comes back at you in unseen ways.
Simple and understandable! Very informative…
Excellent job!
very useful work indeed.