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IN THE COURT OF JMFC, VASHI,AT CBD

BELAPUR.

CRI. MA. NO. 82/ 2020

LITTA STANEY

Flat no. 102, Plot No.500

Kailas Sarovar Building

Gajanan Chowk, Sector-5, Sanpada,

Navi-Mumbai-400705.....................................Complainant

V/S

SONY THOMAS

Age: 37 years, Occupation: Jobless

R/0: B-08/09, Vakratunda CHS, Plot no. 11, Sector 42,

Seawoods, Nerul (W), Navi-Mumbai, 400706..........Respondent

WRITTEN NOTES OF
ARGUMENTS ON BEHALF OF
RESPONDENT U/S 23 OF
PWDVA ACT.
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MAY IT PLEASE YOUR HONOUR:

1. The respondent states that the complainant has supressed

from this Hon’ble court the fact that she has also claimed
maintenance under section 36 of Indian Divorce Act,1869
before the Divorce court (new case number) in Case no.
M.P 51/2023. That the respondent states that the
complainant had filed the PWDVA Criminal
Miscellaneous Application No. 82/2020 before this
Honourable court with suppression of facts &
misrepresentation & misleading statements, fabricated
documents and falsity & have come with unclean hands &
have fabricated mischievous complaint and interim
application with false facts in assets and Liabilities
without proper disclosure on oath under section 23 of
PWDVA of Indian Divorce Act,1869 seeking maintenance
pendente lite and obtained favourable order of issue notice/
jurisdiction by fraud on this Honourable court process. The
respondent states that the complainant in her whole
PWDVA application has admitted that till 18.08.2020,
she was at Nerul at Respondent house. It is an admitted
statement by complainant that her late father issued
Legal notice on 12.08.2020 from his Virar Palghar
address, therefore, it is implausible that both of them
were at Sanpada to get document of rental and police
verification on 9.08.2020 and 10.08.2020 respectively, it
is fabricated document obtained with fraudulent
means and filed on record on 30.06.2021 after 9 months
of filing case .The complainant’s whole complaint is
questionable, false and frivolous based on implausible
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after events if complainant started rental at Sanpada from

9.08.2020.The respondent states that the complainant
whole PWDVA complaint is based on fabricated
documents and statements and is used as means to
prosecute him falsely on such absurdity and vagueness,
which is prima facie evident from the complaint. The
Respondent states that the PWDVA Complaint was filed
without address proof of Sanpada ,which the registry
inadvertently did not ascertain and registered the complaint
without document of address proof and neither this
honourable court took objection and questioned
jurisdiction, before issuance of notice , until 2.12.2020,
when the respondent raised objection of jurisdiction after
receipt of complete set of documents and it took 9 months
for complainant to file document of jurisdiction, which
clearly shows fabrication of documents and perjury on oath
The respondent states that the complainant by adducing
false affidavit of Assets and Liabilities on oath has alleged
false details of disclosure about attempt to murder, rape
on 11.08.2020 of FIR, wherein the medical documents
of chargesheet is negative on burn and rape and is also
negative of respondent being impotent. The
complainant with false statements and fabricated
documents of Rental agreement, washing machine
pipe showing as gas cylinder pipe, handwritten dowry
cash payments as sources to the tune of Rs.75 lakhs
which later she has submitted that only Rs.10 lakhs was
spent towards marriage expenses and denied to have
paid any dowry, also filing false statements of being
suffering from breast cancer and stating to be under
treatment for breast cancer and has submitted
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documents of medical testing to detect cancer, which is

negative and played fraud before this Honourable
court, by stating to be under the treatment of breast
cancer and has also mentioned falsely about police
came to rescue her with her father as a later statement
and has caused perjury on oath. The complainant
concocted FIR on 20.10.2020 post PWDVA complaint
with no MLR, inconsistent serious allegations in itself is
self- explanatory/ contradictory, and her conduct is
malicious and her prayer in PWDVA is mischievous. The
complainant has fabricated a false case with concocted
stories after failing to get a claim of Rs.1 crore and
property of respondent father to be transferred in her name
which is evident from her vague and absurd prayer clause
and thereby causing perjury on oath, got the issue notice
order from this Honourable court with false statements,
affidavits and fabrication of documents. The Respondent
states that the same was also the observation of the
Hon’ble High Court against complainant to have given
vague statements, wherein the father of respondent has
been discharged by the Hon’ble High Court. The
respondent craves to refer to the Order of Hon’ble High
Court.
2. That the respondent states that the complainant has
claimed interim maintenance before all the courts with the
intention to extort money and without showing any
inclination to cohabit and restitute back and not a single
restitution notice neither restitution petition has been filed
till date. That the respondent further states that in the
PWDVA application complainant has nowhere asked
interim relief under section 17 to resume back or stay in
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shared accommodation or seek restitution. That the

contention of complainant in her DV Complaint only
mentions that she was caused cruelty but does not mention
that she wants to cohabit back and the same is also not the
part of prayer in the domestic violence case .That before
the Hon’ble High court in the matter of
W.P No.2466/2021, the complainant had made the
statement that she was ready to cohabit back but in the
PWDVA application she has nowhere mentioned her
intention to resume except prayer for money.
3. The respondent states that he married the Complainant on
29.12 2019. The Complainant disliked the respondent and
refused to consummate the marriage and caused cruelty on
respondent and his father & voluntarily withdrew herself
on 18.08.2020 after assaulting and damaging the desktop
of respondent. The respondent father called the police and
Police visited and took search of the house and after
finding the damaged desktop and ruckus created by the
Complainant registered NCR against the Complainant on
18.08.2020. On 18.08.2020, the Complainant and her
father left with her relatives and friend pragya,after they
left the respondent and his father received an ambiguous,
absurd notice from Complainant father seeking nearly Rs.
47.50 lakhs illegal demand of money the very day through
courier at 5pm. The respondent and his father filed police
complaint for extortion of money against Complainant and
her father on 21.08.2020. Thereafter, on 28.08.2020, the
respondent fed up of constant cruelty and calls for illegal
extortion in the hands of Complainant & her father, filed
for divorce petition against the Complainant with medical
report of not being impotent. The Complainant father bad
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mouth about respondent who informed of being virgin to

Complainant twisted as being impotent and later as
transgender. The Complainant in counter blast to the
divorce petition, filed false PWDVA complaint on
19.09.2020 with fabricated documents and false
allegations against the respondent and his father and they
received the copy of the complaint on 07.10.2020. and on
16.10.2020 filed vakalatnama and sought to kept the
matter for mediation in PWDVA case and asked for
complete set of documents, wherein the Complainant
shown her willingness to mediate & sought huge amount
of 1 crore.. Meanwhile on 20.10.2020, the Complainant to
cause further cruelty filed a completely fabricated, false
FIR with no MLR on severe sections of IPC in complete
contradiction with PWDVA complaint. Both PWDVA and
FIR is an abuse of law without any MLC. and any single
IOTA of truth to any of the statement and perjury on oath
to obtain favourable orders. The Respondent approached
honourable high court which was pleased to grant ad
interim bail to the respondent and others in
Anticipatory bail application on the basis of no medical
& contradiction in FIR and PWDVA complaint and
high court order dated 10.12. 2020 and 23.09.2022. The
respondent states that his father is discharged from the
DV application by the honourable High court against
whom the Complainant had alleged attempt to murder,
rape and unnatural sex. The respondent states that
PWDVA was filed against the respondent and his father as
an afterthought to the divorce petition and to wreak
vengeance, as the respondent and his father did not agree
to pay the demanded amount of extortion in the legal
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notice sent by the Complainant father. Subsequently, on

20.10.2020, the Complainant lodged FIR against the
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respondent and his father and the house maid in complete

contradiction word to word, inconsistency with dates, time
and even incidences as such evident that everything is
fabricated to implicate innocent respondent and his father
into false cases to extort money abusing process of law.
(Hereto marked and annexed as Exhibit- I is the copy
of tabular form of contradictions between FIR and
PWDVA and Copy of ABA order dated 10.12.2020 and
23.09.2022 of the honourable High court and craves to
refer and rely on the document of legal notice dated
12.08.2020 and divorce petition at Exhibit- A and
Exhibit- CC respectively of his reply).

4. The respondent states that after he filed Divorce petition,he

received copy of PWDVA complaint of complainant on
07.10.2020 asking him and his father to appear on
16.10.2020 at Vashi Court at Belapur. The respondent
states that PWDVA was filed as an afterthought, with
concocted story in retaliation to the divorce petition to
wreck vengeance.The respondent on 07/10/2020, received
copy of DV application and on 16.10.2020 filed
vakalatnama and sought to kept the matter for mediation in
PWDVA Case and asked for complete set of documents,
wherein the complainant shown her willingness to mediate
& sought huge amount of 1 crore. Meanwhile on
20.10.2020, the complainant to cause further cruelty filed
a completely fabricated, false FIR with no MLR on severe
sections of IPC in complete contradiction with PWDVA
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complaint. Both PWDVA and FIR is an abuse of law

without any MLC and any single IOTA of truth to any of
the statement and perjury on oath to obtain favourable
orders. The respondent states that his father is discharged
from the DV application by the honourable High court
against whom the complainant had alleged attempt to
murder, rape and unnatural sex. The respondent states that
the Written statement, interim application, PWDVA
application and FIR are all false and abuse to the process
of law, fabricated with false statements and perjury on oath
with sole intention to extort money from the respondent by
misusing the law. The Respondents approached
honourable high court which was pleased to grant ad
interim bail to the respondent and others in Anticipatory
bail application on the basis of no medical & contradiction
in FIR and PWDVA complaint and high court order dated
10.12. 2020 and made the ABA absolute on 23.09.2022.

5. That the respondent states that the respondent father has been
discharged from the allegations in the DV case by the honourable
High court vide its order dated 22nd July 2022 with an observation in
para 5 as under:

“The petitioner No.2 is the senior citizen aged around 78 years. The
allegations against the petitioner No.2 are vague. On the basis of
such allegations, the petitioner No.2 cannot be prosecuted under the
provisions of Domestic Violence Act.”
6. In the light of factual matrix of this proceedings, the impugned
proceedings against the petitioner No.2 are required to be quashed
and set aside.”
In para 4 of order, the honourable High court has observed
t he submissions of complainant advocate that they should
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be allowed to lead evidence to prove their case:

“4. Learned Advocate for Respondent No.2 submitted that the
complaint under the Domestic Violence Act refers to incidents of
Domestic Violence. The version of Respondents cannot be accepted
at this stage. The Respondent No.2 was subjected to cruelty. She
must be given an opportunity to prove the charges levelled in the
complaint filed by her.”
Therefore, the respondent humbly submits that this
honourable court may be pleased to take cognizance of perjury
caused in main application of PWDVA and the Affidavit of Assets
and liabilities filed on oath and interim application filed U/S 23 of
false contention on oath and/ or may direct the complainant to file
evidence and reject any interim relief in absence of evidence as
admitted and submitted by herself before the honourable High
court to prove her case. Any interim relief granted based on the
fabrication of documents and false contentions under perjury on
oath will cause grave prejudice and injustice and abuse of law.
(Hereto marked and annexed as Exhibit-II is the copy of
Honourable High court order in writ petition no.2466 of 2021).
6.The respondent states that the complainant in written statement
and adducing false affidavit of Assets and Liabilities on oath about
alleged rape on 11.08.2020 and attempt to murder has failed to
provide any treatment papers on records and has made false
statements on oath and fabricated documents of Rental agreement,
washing machine pipe as gas cylinder pipe, false medical papers of
being suffering from cancer and stating to be under treatment for
breast cancer before this Honourable court, fabricated a false case
with concocted stories after failing to get a claim of Rs.1 crore and
property of respondent father to be transferred in her name which is
also evident from her prayer clause in PWDVA complaint produced
with this submission. Thereby causing perjury on oath before this
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Honourable court with false statements and fabrication of

documents .The same was also observed by the Hon’ble High Court
in the Writ Petition No. 2466/ 2021, wherein the father of
respondent has been discharged by the Hon’ble High Court. The
petitioner craves to refer to the Order of Hon’ble High Court
produced at Exhibit- II in this argument.
7. The respondent states that the complainant has produced medical
papers of Breast cancer analysis from Jagjivan Railway Hospital
and Tata Cancer Institute, wherein she has deliberately striked off
her case status and on perusal of the paper, it can be clearly seen
that they are just medical tests and no confirmation on any
prevalence of disease as brought forward by the complainant and is
trying to mislead the court to obtain favourable orders. It is evident
that the test being conducted is done to rule out any issue and not
the treatment for cancer as falsely contended by complainant
causing perjury on oath and misleading the court showing urgency
of interim relief with all fabricated documents. All the medical
records show complainant to be residing at Virar, Palghar. It is also
pertinent to see that complainant is taking tests from her late
Father’s Railway Hospital at very low cost which she is not entitled
to once she is married. The complainant despite of working in some
Hospital has deliberately hidden the details from the court. The said
fact she disclosed while appearing in the matter stating that she is
not available after 4pm and the complainant has to go to work.
8. The respondent states that the Main application of PWDVA and
interim application and affidavit of assets and liabilities of
complete disclosure filed by complainant is false statements and
fabricated documents causing perjury on oath, the interim and Main
application needs to be rejected for want of disclosures to the
affidavit of assets and liability as per Hon’ble supreme court
directions. The respondent states that the complainant had
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deliberately hidden from this court in her affidavit of assets and

liabilities about her application U/S 36 filed under the Indian
Divorce Act filed before the Divorce court and is seeking similar
relief’s from both the courts hiding the fact of the interim
application before both the courts and is constantly pressing on
interim orders under perjury on oath. That the Respondent states
that, the complainant has not disclosed her Source of income for her
exorbitant expenses and has mentioned her father to be retired and
has further falsely contented and shown marriage expenses of Rs.
50 Lakhs with some handwritten fabricated documents as exhibited
in her DV Complaint and alleged false dowry in FIR, wherein the
benami transaction act clearly prohibited such cash transaction
beyond Rs.50,000/-, therefore it is blatant lie on oath.The
respondent states that the complainant with malafide intention has
filed false contentions in her interim application to obtain
favourable orders, the complainant had filed Assets & Liabilities on
record and has deliberately failed to furnish the disclosure of List of
documents which is pre-requisite as per mandate of supreme court
for detailed disclosure. The complainant has admitted to be
physiotherapist in assets and liabilities and have stated in her Main
complaint and interim to be housewife and has failed to furnish her
job details list in the same neither has filed salary slip of prior to
marriage details on record and has failed to furnish the employment
details and salary slip of the job prior to marriage and presently if
any. The respondent craves to refer and rely on Exhibit of the
application of objection filed by respondent showing LinkedIn
profile of complainant which shows she was working as intern
in HINDUJA HOSPITAL AND PSG HOSPITAL.
9.The respondent submits that the complainant has failed to furnish
the details of gold ornaments in her possession and also of what
respondent gifted her during marriage. That the respondent states
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that the complainant has mentioned so much of Gold ornaments in

her FIR and vague gold ornaments in DV but has failed to furnish
any bills/invoices for the same.The respondent craves to refer to
his application of objection under Exhibit B Photographs of
jewellery held by complainant during marriage. The
complainant has falsely contended on her say on application of
respondent that she does not possess any jewellery and has
produced some bills before this honourable court which is dated
post marriage date and cannot be acceded to as they seem to be
fabricated documents by the complainant to get favourable
orders. The respondent craves to refer and rely to Exhibit-AA
Colly of the reply which is handwritten letter of father of
complainant and signature of complainant father and
complainant to have taken away all jewellery and valuable
articles before the whole society and the said document is not
denied by the complainant. The complainant has deliberately
failed to disclose all the Bank accounts that she owns in the
Affidavit of Assets & Liabilities. It can be seen from the bills and
rental enclosed by complainant that she is lavishly spending but has
hidden her source of her income and expense and the bank accounts
from where she is spending and also of her late father real source of
income during the relevant time. The complainant has disclosed that
the late father is staying at Palghar, Virar in the renewal of rental
accommodation document of Virar in 2021 and in legal notice in
2020 and has falsely contended and shown him to be staying in
rental accommodation with her in Sanpada, wherein the honourable
court record legal notice dated 12.08.2020 and other documents
shows him to be staying in Virar, Palghar and complainant has
hidden the said fact in the Affidavit of Assets & Liabilities of
property and has fabricated false rental agreement to mislead
the court and has got favourable order in jurisdiction
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application by playing fraud. The complainant is currently

working and has not mentioned her job details neither bank
accounts and has hidden all from this honourable court. It can be
seen from her lavish expenditure and the fact that despite having
parental home in VIRAR, she has fabricated documents of rental
and pre- dated it as 09.08.2020, while she was in Seawoods with
respondent and her father in Virar and filed fabricated rental
agreement on 30.6.2021 in this case to claim rental expense of
Sanpada, and the document is fabricated, neither registered nor
notarised as per mandate of law. The complainant has shown that
she is paying rental and also getting food delivered often from
outside with daily expenditures and there is nowhere disclosure of
her source of income for such expenditure wherein she has stated
her father is retired. In the FIR , complainant has mentioned that she
was brutally and sexually assaulted by respondent for 10 months
and she has further alleged that on 11.08.2020, she was brutally
raped by respondent father, who is in fact a senior citizen aged 81
years old, hernia patient and has been operated in the year 2013, the
respondent craves to refer and rely on the document of medical
records of respondent father for ailment of hernia and other
complications at Exhibit-Q of the reply. The complainant has
further submitted that she was in unconscious state with severe
health condition after 11.08.2020, but she has failed to produce
medical treatment documents or Medico Legal Report to treat
herself on 11.08.2020 or 18.08.2020 thereafter till date for rape or
any severe sexual assaults and medical bills of admission to hospital
for treatment she took after the said sexual assault neither in FIR
case nor in PWDVA or in the divorce case, in fact she has
deliberately not examined herself for 70 days of alleged fake
incidence and there is no medical evidence at all in any of the cases.
The respondent states that the honourable Supreme Court has
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created this mandate that parties to furnish all the disclosure

with the intention that all information must be disclosed
properly for deciding on any interim Relief by trial court for
imparting justice. The respondent craves to refer to his
application with exhibits, which is detailed objection to the
affidavit of assets and liabilities filed by the complainant
deliberately not filing any material disclosure necessary as per the
mandate created by the Hon’ble Supreme court.
10.The respondent states that the complainant has alleged gas
explosion on 22/4/2020 in her Main application of PWDVA by
showing photo misleading it to be domestic gas pipe cut and has
exhibited photo of water pipe of washing machine in the Domestic
Violence case as evidence playing fraud.The respondent states that
while the maid was working in the kitchen every morning during
alleged incidence, and she had not seen any such blast to have
anytime taken place. The respondent states that the flat B-08/09 has
got only one kitchen Mahanagar pipeline connection and in the
event the pipeline gas blast immediate FIR must be lodged and it
generally kills on the spot or creates serious burn injury to
everybody at home and to the entire building. At the relevant time
on 22/4/2020, the complainant, the respondent and his father were
in the same flat. Therefore, it is unlikely that no one got any burn
injury except the complainant as falsely alleged. It is pertinent to
note that complainant has not produced any certificate of such
burns, photo of injury neither photo of blast site, wherein she has
produced water pipe photo of washing machine and mislead it
as gas pipe in Domestic Violence case. The respondent is filing the
copy of photo of kitchen taken on 14/10/2020 showing washing
machine water pipe shown as gas pipe by complainant, photo of
water pipe filed by complainant in DV Case, Mahanagar gas
report in chargesheet shows no such gas leakage or accident has
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ever taken place nor any repair done as alleged in the FIR.
(Hereto marked and annexed as Exhibit-III is the copy of photo
of kitchen taken on 14/10/2020 showing washing machine water
pipe shown as gas pipe by complainant, photo of
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water pipe filed by complainant in DV Case,

Mahanagar gas report in chargesheet showing no such
gas leakage or accident has taken place nor any repair
done as alleged in the FIR and news report of DNA to
show impact of fire accident with pipeline gas).

11.The respondent states that the complainant and her

late father after lodging false FIR , made a very
derogatory statement and defamatory content with
photo of respondent and his father in the social media
online platform of the news channel ‘Hello Mumbai
News’ of respondent and his father being rapist and
murderer absconding from arrest. The respondent
states that his company got to know about the said
news recently and asked him to quit/ resign the job as it
may affect the image of the company. The respondent
states that since then the respondent is under stress and
has lost a lot of weight due to major physical and
mental stress and is not able to concentrate on anything
due to the utmost cruelty caused by complainant in
ruining his life completely at personal, professional and
health front. The respondent has resigned from his
company where he was working on contractual basis on
20.07.2023 wherein his last date of working was
18.8.2023 at Writer Corporation and Probox. (Hereto
marked and annexed as Exhibit- IV is the copy of
defamatory content about respondent and his father on
online platform of the news channel ‘Hello Mumbai
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News’ and email copy of resignation letter and

acknowledgment of acceptance by the company and
medical certificate of respondent under major stress
and losing weight).

12.The respondent states that the complainant has

approached this honourable court with suppression of
facts and malafide intention has mislead and
manipulated all the facts before this Hon’ble court and
has got favourable issue notice order and in
jurisdiction application with falsity, concocted,
misleading statements and fabricated documents on
oath & by playing fraud on this honourable court. The
complainant has got Issue notice order by perjury on
court process with false affidavit on oath and have
misrepresented & mislead facts and got favourable
orders and reliefs, which is nothing but playing fraud
on this honourable court. It is a settled principle of law
that anybody approaching the honourable court with
unclean hands and misleading facts and trying to
obtain order on such grounds is fraud on the court
proceedings and such decree has to be treated as nullity
by every court, whether superior or inferior. It can be
challenged in any court even in collateral proceeding.
The respondent craves to file and refer and rely on the
Supreme Court judgment for the same.
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S.P. CHENGALVARAYA NAIDU VS. JAGANNATH

AND OTHERS, AIR (81) 1994 Supreme Court 853.

The Supreme Court observed that The High Court,

in our view, fell into patent error. The short
question before the High Court was whether in the
facts and circumstances of this case, Jagannath
obtained the preliminary decree by playing fraud on
the court. The High Court, however, went haywire
and made observations which are wholly perverse.
We do not agree with the High Court that "there is
no legal duty cast upon the plaintiff to come to court
with a true case and prove it by true evidence". The
principle of "finality of litigation" cannot be
pressed to the extent of such an absurdity that it
becomes an engine of fraud in the hands of
dishonest litigants. The courts of law are meant for
imparting justice between the parties. One who
comes to the court, must come with clean hands. We
are constrained to say that more often than not,
process of the court is being abused. We have no
hesitation to say that a person, who's case is based
on falsehood, has no right to approach the court. He
can be summarily thrown out at any stage of the
litigation. It is settled proposition of law that a
judgement or decree obtained by playing fraud on
the
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court is penalty and non- est in the eyes of law, such

judgement / decree by the first court or by the
highest court has to be treated as nullity by every
court, whether superior or inferior. It can be
challenged in any court even in collateral
proceeding. The respondent craves to refer to
Supreme Court citation. It is very evident that the
complainant has played fraud on the court process in
getting the issue notice and jurisdiction order
fraudulently and seeking further reliefs by causing
perjury on oath and fraud on court process, despite
deposing by statements before honourable high
court to be given chance to lead evidence to prove
the allegations to be not vague.

13.The respondent states that the Main application of PWDVA

filed by the complainant is an afterthought concocted story
created which is with false statements, fabricated
documents and is mindless with vile averments, incidences
without any medical proof or evidence to the statements by
the complainant filed with malafide intention to wreak
vengeance in retaliation and claim money and property. The
respondent states that prima facie the main and interim
application is false and fabricated without any documents of
evidence and with respect to the incidence mentioned in
various paragraphs in the Main application of PWDVA is
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malicious, as it completely fails in TOTO to show

specifications of date,time and incidence and is in
complete contradiction to the photo, whatsapp Chats
produced by the respondent and nullifies the contention in
Main application of PWDVA of complainant . Neither the
complainant has exhibited any relevant proof MLR or
documents to show a single incidence of rape,burn ,assault
as mentioned in her Main application of PWDVA has ever
taken place, which in itself shows that the Main
application and interim of PWDVA is misleading and
perjury on oath by complainant to get favourable orders
misusing the law. That the respondent states that the
complainant has never approached Hospital, police or
court during the said alleged incidences after 11.08.2020
or 18.08.2020 as falsely mentioned in the Main application
of PWDVA; and has made out a concocted domestic
violence application and FIR without MLR as an
afterthought after her coercive methods to extort money
and property at Seawood from the respondent father and
respondent failed in TOTO and decided to misuse the
process of law for means of extortion by filing baseless,
bogus application of Main and interim application of
PWDVA before this honourable court with vague prayers
of interim relief. It is pertinent to note that the complainant
has mischievously misled and hidden many material facts
in her Main application and interim of
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PWDVA. The averments of complainant in the Main

application of PWDVA dates immediately from
December, 2019 i.e. 9 months before her filing the DV
complaint and 10 months in filing of FIR which is self-
explanatory that the Main application of PWDVA is mere
bogus statements on oath to wreak vengeance on
respondent to raise illegal demand of money and property
using loopholes of law . It is stupefying to note that the
complainant neither her father has filed a single police
complaint from 29.12.2019 to 11.08.2020 on 18.08.2020.
Neither the complainant nor late father of complainant,
who often visited the respondent house filed any police
complaint and rather opted to ask for arrangement of
money of Rs. 40 to 50 lakhs immediately from respondent
in WhatsApp chat 28/07/2020 & 16/08/2020 and in legal
notice dated 12.08.2020 received on 18.08.2020 without
any allegation of rape, attempt to murder or unnatural sex
and later on as afterthought, concocted allegations of rape,
murder and unnatural sex on respondent father and
impotency on respondent. The falsity of allegations and
the mala fides of the complainant in Main application of
PWDVA leading to false statements and furnishing of
various fabricated documents on oath(perjury) are inter
alia, demonstrated hereinafter:

BRIEF FACTS
i. The Respondent on 29.12.2019 got married to the
complainant. The complainant disliked the Respondent
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and upon force of her father got married to Respondent

& refused to consummate the marriage and caused
cruelty on Respondent and his father. The complainant
on 18.08.2020 voluntarily withdrew herself from
company of Respondent after assaulting and damaging
desktop of Respondent and created huge ruckus before
the whole society members and left to Virar with her
father and relatives. The Respondent states that police
was called by them and police visited their house and
lodged NCR on 18.08.2020 against complainant after
seeing the condition of the desktop and on statement of
Respondent. (The Respondent craves to refer and
rely on his reply document at Exhibit-Z is copy of
NCR filed with the NRI police station on 18.08.2020
by Respondent against complainant).

ii. The Respondent states that he got married to the

complainant on 29.12.2019 & that the complainant’s
father and the Respondent father agreed to share 50:50
for the marriage expenses. The Respondent father spent
Rs. 10,85,590/- towards marriage and the complainant
father paid 50% of their part of the marriage expense to
the Respondent father and directed him to arrange
everything. The Respondent father spent Rs. 10,85,590
i.e. for (Food and Decoration = Rs. 6,21,000/-, Jewellery
 26

for Marriage, Rs. 2,30,400/- Dress for marriage

Rs.1,22,190/- Transport Charges = Rs.18,000, furniture
Rs.34,000/- Bishop and Priests = Rs.32,000/- Choir
group in Church = Rs.10,000/- Church expenses
Rs.18,000) towards marriage. . The complainant has
admitted the said fact of marriage and the expenses
done by Respondent’s father in the Hon’ble High court
but has falsely stated in PWDVA complaint to have
given cash dowry to the tune of Rs.50 lakhs and there is
no mention of dowry in FIR. The complainant
statements in both PWDVA and FIR is contrary,
inconsistence, afterthought concocted and is perjury on
oath to fabricate false case of dowry against
Respondent (The Respondent craves to refer and rely
on his reply document at Exhibit-G is the copy List
of jewellery with bills, gifted to complainant by
Respondent and marriage expense with bills
incurred by Respondent father).
iii. The Respondent states that he along with complainant
and her father visited to her ailing grandmother at her
hometown from 3.1.2020 to 4.1.2020 and he also
celebrated complainant birthday happily on 17.1.2020
to 18.1.2020. The complainant even visited her friend
Pragya on 26.1.2020 and on 30.1.2020, the Respondent
& complainant exchanged I LOVE YOU Messages and
wished each other on the one-month anniversary. The
 27

Respondent craves to refer to chats, tickets and photos

on record before this honourable court at exhibit-H
and I of reply which falsifies the entire PWDVA case
of complainant being afterthought ,concocted, vile,
bogus, vague and absurd. It is evident from the
documents of complainant that she has implicated
Respondent and his father into false cases by misusing
law and has made false statements in Written statement/
PWDVA/ FIR which are inconsistent statements,
fabricated documents, as such is perjury on oath and
abuse to the process of law and has obtained favourable
order against Respondent for issue process and on
jurisdiction application simply to extort money in the
name of alimony and maintenance which is pertinent
from the prayer clause of PWDVA application and
shows the vagueness. (The Respondent craves to
refer and rely on reply exhibit H and I of chats and
photos of the complainant celebrating her birthday
with Respondent and his family).
iv. The respondent states that the complainant post
marriage resided with Respondent and soon caused
utmost cruelty on Respondent & his father, as she
disliked Respondent. The complainant upon force of
her father got married to Respondent & refused to
consummate the marriage. The Respondent states that
he
 28

has filed before this honourable court in his reply all

evidence of complainant WhatsApp chat/photos of
Respondent and his father from 3.1.2020 to 28.07.2020
and her father with Respondent and his father from
3.1.2020 to 16.08.2020, which falsifies the case of
complainant in Written statement/ PWDVA/ FIR. The
Respondent craves to refer and rely on chats
between the complainant and Respondent and the
complainant father with Respondent and his father
from 3.1.2020 to 16.08.2020 on record before this
honourable court to show absurd false PWDVA
case.
v. On 4th January 2020, the Respondent and complainant
along with her father returned to Mumbai. The
Respondent felt very humiliated and depressed by
constant cruelty by the complainant. The complainant
on that very night spoke to The Respondent’s eldest
sister in law (Mrs. Jolly Simon), stating ``she hates to
take care of others and at her home also she was
never bothered about her father and brother’ ’The
Respondent and complainant though stayed in same
bedroom, but whenever the Respondent tried to create
physical contact with the complainant, she yelled at him
and avoided physical contact. As the Respondent house
was filled with relatives, so the Respondent didn’t
escalate the issue with the complainant, neither spoke to
 29

his father or family about it. The Respondent states that

the Complainant has falsely alleged in the PWDVA and
FIR with contradictory dates to have gone for
honeymoon with Respondent and twisted the whole
facts and shown to victim in the hands of the
Respondent and him to be impotent .The Respondent
craves to refer and rely on Exhibit of Medical
Certificate of Dr.Nitin Tawte showing Respondent to
be medically fit for consummation of marriage and the
copy of flight tickets booked by complainant father for
his visit along with the Respondent and complainant to
meet his relatives and photographs of complainant, her
father, her grandmother during the Kanyakumari visit.
(The Respondent craves to refer and rely on the
reply of Respondent document at Exhibit H is the
copy of flight tickets booked by Complainant father
to meet his mother along with Complainant and
Respondent)
vi. On Jan 9, 2020, Despite, the Respondent apologizing
and requesting the complainant to come back to their
bed room continued to sleep outside their bedroom to
humiliate the Respondent before his relatives and
family. The Respondent’s second sister-in-law, Mrs
Bina Soby tried to amicably settle the issues and had a
one to one clear conversation with the complainant.
The complainant confessed to the Respondent’s
second
 30

sister-in-law, that the Respondent is very slim and

complainant doesn’t find him attractive and she didn't
like him but despite that she said yes to the Respondent
because of her dad's heart condition and that she did
this marriage out of force because the complainant’s
father is heart patient and she didn't want to distress
him. The complainant further confessed that
complainant's father without her consent fixed the
engagement. The complainant liked another guy, but
her father did not like him and suddenly fixed this
proposal. The Respondent’s sister-in-law was
shocked to hear all this and shared the same with
her husband. The Respondent further states that the
complainant never allowed the Respondent to come
close to her and consummate the marriage with him
because she had no interest in him and that’s the
reason for her anger and frustration on the
Respondent and his family from the beginning. On
Jan 10, 2020, all the Respondent’s relatives went
back to their respective stations.
vii. The Respondent’s all efforts to make the marriage
work, went in vain and the complainant openly
confessed to the Respondent, that she did this marriage,
out of force because she didn't want to give her dad
pain because he is a heart-patient.The complainant
misled the
 31

honourable court with concocted story of showing

maid to be residing in their house wherein maid
used to work from 9.00 a.m to 1.00 p.m and cleaning
and cooking and left infact she is not there in any
photos of complainant and Respondent wedding and
birthday or any functions which proves that maid is
dragged by complainant in PWDVA &FIR as she
was single eye witness to cruelty and ill deeds of
complainant. Also the complainant has hidden the
fact in PWDVA case that there were many relatives
at home and alleged false cruelty case since day of
marriage and caused perjury of statements on oath
.It is implausible that complainant was assaulted by
Respondent sexually in presence of nearly 10-15
relatives at home.
viii. The complainant further badly fought with the
Respondent and mis-behaved like a child. The
complainant had no regards to the Respondent or his
family with respect to the prayers and rituals followed
at his home and did everything to humiliate the
Respondent to ill treat him publicly. The Respondent
states that on 21.1.2020, he asked complainant to
confirm on wedding pictures for creating hard copy of
album. The complainant harshly replied that all
pictures are worse
.Despite knowing well how complainant behaved for
 32

clicking pictures, she blamed the photographer for bad

job and further on 21.1.2020 and 22.1.2020, abnormally
fought with the Respondent over chat for MARS
CHOCOLATE BAR packet gifted by her family, as if
the Respondent stole her valuables and threatened the
Respondent to not touch anything given to her by her
family. It is therefore admitted fact that there is no chat
with respect to jewellery handed over to Respondent
father and it is a false statement on oath. The
Respondent craves to refer and rely on his reply
document at Exhibit-J of reply of Respondent is
chat between complainant and the Respondent
dated 21.1.2020 and 22.1.2020, showing her
abnormal behaviour since marriage.
ix. In January, 2020, one day the complainant enquired
with the maid about the Respondent by asking “Sony
ko khaana banaane ke liye aata hai kya” the maid
servant enquired ``why?, the complainant replied that
“baad mein khaana banaake khilaane mein kaam
aayega’’.. The Respondent who heard the conversation
was shaken, as the complainant never wanted to do any
work and just sit and eat, take bath, go to washroom
and do time pass on mobile 24/7. The complainant
always kept her room locked and kept watching mobile
whole day and would hardly bother to offer a glass of
water and would remain
 33

awake watching mobile till 3 or 4 am in morning in

their bedroom. The complainant never conversed
amicably with the Respondent whether he would come
home from work after second shift or first shift, she
doesn't even talk to him. The complainant made no
effort from the beginning of marriage to have rapport
with him. The Respondent every morning said ‘’I love
you’’ before leaving for office, but the complainant
always made grumpy face and never reciprocated and
showed complete dislike towards him. After reaching
office, the Respondent would only make an effort to
call the complainant, but she would never call up and
asks for wellbeing and always cut the call-in morning
stating she is busy. The complainant since beginning of
marriage shown no interest in the Respondent. The
Respondent further states that the complainant would
tell him to leave the room, stating ``I need privacy’’
and always liked spending time alone in her mobile.
Whenever, the Respondent called during night shift to
talk the complainant would cut the call stating `` I am
sleepy’’ and was never interested to speak with the
Respondent.
x. On 28th July, 2020, in the Morning, the complainant
put false allegations against the Respondent, that they
had mixed some shampoo in her water. The
Respondent father told the complainant that the water
was boiled by
 34

the Maid and as to why is complainant alleging them,

then the complainant shouted that she should be taken
to doctor immediately and when the Respondent father
agreed and got ready, the complainant kept quiet and
went to her bedroom and locked herself and
immediately phoned and ill-informed her father. It
seems since May,2020 the complainant in conspiracy
with her father met some lawyer who ill-advised these
concocted stories. At around at 12.10 pm the same day,
the complainant suddenly sent a WhatsApp message to
the Respondent, to recharge her phone from dowry
money cum FD receipt and falsely alleged dowry
accusations for first time, to which the Respondent
replied that he was never given any dowry money or
FD and neither he demanded anything and strictly told
her to stop cooking up stories. The Respondent further
told complainant that she is staying separately on her
own terms, as per her own wish. The complainant
further sent message to the Respondent that she has
recording of gold and gold rings. The complainant
threatened the Respondent to recharge her phone or
face dire consequences of severe action. The
Respondent was fed up of utmost cruelty in the hands
of complainant and her father each day and was feeling
very upset. The complainant and her father in FIR and
PWDVA used this as false allegations of
 35

attempt to murder. The Respondent craves to refer

and rely on his reply document at Exhibit- T is the
whatsapp message sent by complainant to the
Respondent seeking to recharge her phone and get
FD done in her name on 28.07.2020).
xi. The Respondent further states that on July 28,2020,
Meanwhile, the complainant’s father sent a long
extremely threatening and derogatory message with
false allegations at 3.29 pm and claimed that the
Respondent demanded for divorce in a meeting which
was false as the Respondent had called him to settle and
advice the complainant. The complainant’s father
further blamed the Respondent to have not attending
Psychiatric counselling, while the Respondent never
agreed for it and neither was informed of any such
fixed appointment dated 19.03.2020 with doctor to
them, everything was a blatant lie. The complainant’s
father further threatened in message that from day 3rd
of marriage the Respondent asked the complainant’s
father to take complainant back mindlessly. The
Respondent states he has chat message with the
complainant’s father that they booked tickets and has
filed tickets that they went together with complainant to
their native place on 3.1.2020 to 4.1.2020 to prove that
no such things happened and everything is a concocted
blatant lie. Further the complainant’s father
 36

alleged that the Respondent never locked his bedroom

door, which was also blatant lie as there were many
relatives at home for more than 15 days post marriage.
The complainant’s father in the chat claimed that the
Respondent is a virgin, as if it was unfit quality for
marriage and that he gave dowry of 17 lakhs then 23.5
lakhs and then 40 lakhs and later in the legal notice
dated 12/08/2020 claimed an increased amount of Rs.
47.50 lakhs and the amount has constantly increasing
and is now 1 crore with claim for properties in PWDVA
complaint and all contents are contradictory to each
other. The complainant’s father used the word virgin
equating it to sexual impotency. This clearly showing
that the complainant and her father trapped the
Respondent into this marriage, despite her disliking for
the Respondent and now openly extorting money. (The
Respondent craves to refer and rely of his reply
document at Exhibit-V is copy of chat messages
between the complainant’s father threatening the
Respondent and his father dated 28.07.2020 and
flight detail message.)
xii. On 30 July,2020, the same day, complainant’s father
phoned the maid and the maid recorded the whole
conversation as she got afraid of the conspiracies of
complainant and complainant’s father who wanted
maid
 37

to testify on complainant behalf which she refused and

forced her to speak ill about Respondent and made
derogatory remarks and also informed about his illegal
demand of money forcing the Respondent to pay . (The
Respondent craves to refer and rely on his reply
document at Exhibit— W is the transcript of
conversation between the maid and complainant’s
father dated 30.07.2020).
xiii. On 31st July, 2020, The Respondent father sent a
petition to the threatening message of the complainant’s
father of 28th July, 2020 and sent the message copy to
Church Priest, Jacob Cherian (Intermediary) and Mrs.
Reji and told them to explain the complainant’s father
to settle matters peacefully. On August 8, 2020, the
Respondent father and Respondent’s brother in law
went to Priest and discussed all the matters. The priest
told he will speak to Jacob Cherian to settle things and
tried to reach him, but he couldn't contact him. (The
Respondent craves to refer and rely on his reply
document at Exhibit- X is the reply of Respondent
father to Priest, Jacob ,Mrs. Regi dated 31.07.2020).
xiv. On 12.08.2020, The Respondent was sleeping in his
bedroom after Night Shift duty and the complainant’s
father called around 1.40 pm and told him that he will
make E-pass and take complainant back home. The
 38

complainant’s father insisted that the Respondent that

he also has to come along with them and started
demanding money asking whether the Respondent
father arranged for the money. The complainant’s
father started fake allegations again, stating that the
Respondent didn't come to Psychiatric counselling. The
Respondent refused to divulge told the complainant’s
father ``don't make false allegations, your daughter has
destroyed my life’. As usual the complainant's father
provoked the Respondent with filthy abuses and soon
his daughter started recording stuffs. The complainant
later told the Respondent that she called her father to
call him and disturb, so that the Respondent loses his
cool and she can record evidence. The Respondent got
frustrated totally by the complainant. The Respondent
when learnt from the Maid that complainant father had
called maid and has bad mouthed/derogatory remark)
that the Respondent is not a man and is transgender and
many other people he felt disgusting and came to
conclusion that complainant’s father too is abnormal.
xv. On August 13, 2020, the Respondent father sent Reply
to complainant father message and told him that they
wanted to settle things peacefully and asked Jacob and
Mrs. Reji and all his relatives to come at their home and
discuss and settle matters peacefully .On August 16,
 39

2020 the complainant father again sent one more

threatening message with same message as was sent on
28th July, 2020 with , again making false allegations
that the Respondent was sexually impotent, that the
Respondent has cheated them, which was completely
contradictory as earlier he said the Respondent was
virgin and without any proof alleged impotency and
with maid he alleged the Respondent being transgender
and started threatening to arrange money. It is evident
to note that none of the chat messages talks about
attempt to murder, sexual assault by Respondent and
his father nor involvement of maid in causing cruelty .
There is only clear-cut discussion on seeking of money
forcefully from Respondent father to the tune of
Rs.40.50 Lakhs by complainant father and complainant
is causing perjury by making false statements and
trying to favourable orders against Respondent by such
fabricated statements. Therefore, it was very clear that
the complainant and her father had openly started
extortion. The Respondent craves to refer and rely
on his reply document at Exhibit-Y Colly is the
reply of the Respondent father to complainant’s
father dated 13.08.2020 and complainant’s father
one more threatening message to the Respondent
father dated 16.08.2020).
 40

xvi. On August 18, 2020, the Respondent father went to

take Marriage Certificate at Church Secretary's Home.
The complainant who was spying all activities,
deliberately woke up very late on this day and came at
12.00 pm in the Respondent’s bedroom in B-09, to take
a bath. The complainant soon created ruckus and
yelled, `` u don't have work today’’. ``do u have work at
this time’’ to which the Respondent said he was
working. The complainant soon started screaming at
him and told him to leave the bedroom for at least an
hour. As The Respondent was at work, he couldn't
leave the bedroom. The complainant started shouting at
top of voice calling the Respondent mad and switched
off the desktop PC and slammed it on the table, It's
power cable got uprooted and also the computer stand,
as she slammed it so hard. Then the complainant pulled
the chair in which the Respondent was sitting and
started kicking him and hitting him and the Respondent
finally in defence pushed her. The complainant
threatened to call the police, the maid who was working
at their house heard the loud noise and came rushing
and found that the complainant was hitting the
Respondent, immediately she alerted and called the
neighbours at B-07 flat Mrs. Mary and her daughter
Jarvis (who is a psychologist). Then the Respondent
called the Respondent father and told him to
 41

come immediately. Then the Respondent father came

home and immediately called the police. Then the
police came and went to B-09 and asked complainant to
open the door, on seeing the police, the complainant got
shocked & scared as she didn't expect that the
Respondent would call the Police. The complainant
immediately manipulated to the Police that the
Respondent was creating issues, while the truth was the
complainant was creating issues. The Respondent
showed the condition of his room and PC as it was still
lying there like that. The Police officer Mr. Vachare
enquired for the complainant’s behaviour and asked
both the Respondent and complainant to come to police
station to which the complainant said her father is
coming with legal notice in the evening and then she is
leaving and refused to come to police station. The
Respondent filed an NCR in the police station.
Meanwhile, Mrs. Mary Aunty of B-07 explained the
complainant in front of the police, when the
complainant alleged that the Respondent father is
sleeping with the maid and he has a child also with her,
then Mary Aunty told complainant don’t lie and that
she knows the Respondent family for more than 16
years, they can never do something like that. The
Respondent father is greatly respected at society and
he is Chairman of
 42

Society. The complainant also put fake allegations on

the Respondent, to which Mrs. Mary Aunty told
complainant, that he is a very quiet person and a very
good man. The Police also understood hearing this from
complainant, that she is abnormal, they were showing
gestures, that she is mad. Then Police Mr. Vachare told
complainant, if you have complaint, come to Police
Station and lodge complaint/ NCR, the Respondent too
was told by police to lodge complaint which he did and
Mrs. Mary aunty daughter Jarvis joined them for
support to police station. The Respondent states that the
complainant in the DV Proceedings has falsely stated
that her Father brought the Police on 18th of August,
2020 but failed to justify as to why no FIR was done on
the same day. It is evident that the complainant has
made malicious statements in the PWDVA Application
and through the application of Interim is falsely
claiming maintenance from the Respondent. The
Respondent states that there is plethora of judgements
of the Hon’ble Higher courts that anybody approaching
the Court with unclean hands and fabricated statements
to get favourable order, the application should be
dismissed/thrown off at threshold without getting into
the merits of the case. (The Respondent craves to
refer and rely his reply on document at Exhibit-Z
is the
 43

copy of NCR filed with the NRI police station on

18.08.2020 by the Respondent against complainant)
xvii. The Respondent states after NCR against complainant,
she packed all her jewellery & belongings and after
insistence by Respondent and his father, signed before
society members in her own handwriting to have taken
all her belongings jewellery except the Respondent
jewellery put in exchange under customary and left
with her father. The Respondent and his father received
a legal notice on 18.08.2020 dated 12.08.2020 at 5 pm
through private service with illegal demand of
Rs.47,50,000/- by complainant father showing Palghar
address which had no mention of sexual assault
incidence of 11.08.2020 of FIR. Therefore, the
Respondent and his father filed police complaint with
copy to commissioner office against complainant and
her father for extortion. (The Respondent craves to
refer and rely on his reply document at Exhibit- A is
the copy of legal notice & complaint filed with NRI
police station and commissioner office by
Respondent at Belapur dated 21.08.2020 at Exhibit-
Z & handwritten letter of complainant to have taken
away her jewellery at Exhibit-Y).
xviii. The Respondent states after complainant left with her
father on 18.08.2020, they received a legal notice on
 44

18.08.2020 at 5 pm with illegal demand from

complainant late father to pay Rs.47.50 Lakhs from
his Palghar Virar address R/0 C- 603, Lily Agarwal
Heritage CHS, Yashwant Nagar, Virar West,
Palghar
-401303 dated 12.8.2020 with no allegation of Sexual
assault incidence of PWDVA case and specifically
demanding Rs.47.50 Lakhs and to release his daughter
from captive which was absurd. (The Respondent
craves to refer and rely on his reply document of
copy of legal notice dated 12.08.2020)
xix. The Respondent states that after receipt of legal notice,
the Respondent filed police complaint with copy to
commissioner of Police against complainant and her
late father for extortion on 21.08.2020.
xx. The Respondent on 28.08.2020, filed divorce petition
after constant cruelty by Complainant at family court at
Thane and later it was re-registered at District and
Sessions Court, Thane due to jurisdiction issue and the
Respondent sent email notice to complainant informing
her about the filing of divorce case. The true facts of
Respondent case are detailed in the said petition. The
Respondent craves to refer to Divorce Petition filed on
record of this Court . (The Respondent craves to refer
and rely on his reply document at Exhibit- CC is
the
 45

copy of divorce petition filed at District and Sessions

Court Thane).

xxi. The Respondent states that before marriage, the bio

data of complainant was shared with Respondent
stating that complainant was working in a hospital.
The Respondent states that the complainant is a
highly qualified Physiotherapist from SRM and MBA
in hospital Administration and worked with reputed
organization like Hinduja hospitals but has
suppressed all and mentioned herself as housewife in
PWDVA application/Interim Application, thereby has
made false statements on oath causing perjury to
obtain favourable order of Interim. (The Respondent
craves to refer and rely on his reply document at
Exhibit-F is the copy of the photo with bio data
shared with Respondent & his father before
engagement).

xxii. The Respondent states that, after he filed Divorce

petition, soon they received copy of PWDVA complaint
filed by complainant on 7/10/2020 as afterthought with
Santacruz address proof with fabricated documents and
false information on oath and no mention of police/NCW
complaint. The rental agreement filed in PWDVA case
on 30.06.2021 is dated 9.08.2020 of Sanpada address,
legal notice on 18.08.2020 shows Virar, Palghar and FIR
allegation U/S 377,376 of sexual assault of Respondent
 46

and his father shows Seawoods Nerul dated 11.08.2020

in FIR which clearly shows perjury of complainant on
oath in PWDVA. There is so much inconsistency,
contradiction, ambiguity and absurdity in Written
statement/ PWDVA/ FIR and documents of FIR &
PWDVA which clearly shows perjury on oath to make
out a false case against Respondent. It is apparent from
facts and documents on record that the complainant
conspired with her father and fabricated Respondent
and his father into false cases to extort money. It is
evident from records that statements and documents are
fabricated to make out false allegations and cause
perjury on court process to obtain favourable orders
against Respondent and cause undue harassment
misusing the law.The Respondent craves to refer and
rely on the document of leave & license agreement
filed on 30.06.2021 before this honourable court ).
xxiii. The complainant as an afterthought concocted a false
story of heinous allegation to implicate Respondent and
his father as retaliation to wreak vengeance and
pressurise to pay the illegal demand of money and after
70 days of leaving the house of Respondent falsely
alleged offense, with a concocted date of 11.08.2020,
without MLC and conspired and lodged FIR on
20.10.2020 against the Respondent and his father with
 47

NRI Police Station after they did not respond on the

monetary settlement amount to her after the first date of
PWDVA hearing on 16/10/2020.
xxiv. The Respondent states that the complainant after not
getting illegally demanded amount, colluded and
conspired with her father and as an afterthought of
Divorce petition after a month fabricated farce
PWDVA and further registered farce FIR on
20.10.2020 on Respondent and his father and the
maid,as an instrument to wreak vengeance without
MLR, wherein each statement in FIR is in complete
contradiction to PWDVA case and have involved maid
into a 498a case without domestic relationship. (The
respondent craves to refer and rely at EXHIBIT-I
for the copy of contradiction of DV and FIR).
xxv. The complainant on 2/12/2020, post FIR pressed for
mediation orders in PWDVA case in absence of
Respondent and hide producing copy of FIR in
PWDVA case. The Respondent further state that since
20.10.2020 till date they are receiving threatening from
complainant through various sources to settle with him
by paying demanded money.The Respondent craves to
refer and rely on the mediation orders dated
2.12.2020 of this honourable court).
 48

xxvi. The Respondent on 07/10/2020, received copy of DV

application and on 16.10.2020 filed Vakalatnama and
sought to kept the matter for mediation in PWDVA
case and asked for complete set of the case documents,
wherein the Complainant herein shown her willingness
to mediate & sought huge amount of 1 crore. The
Respondent who received complete set of Documents
later found there is nothing on record to show the
address proof of Sanpada and MLR for allegations of
rape, unnatural sex or attempt to murder, neither any
paragraph of contention showing Complainant took
rental place and staying at Sanpada in the jurisdiction of
the Hon’ble Court. Therefore on 2/12/2020 filed
application u/s 27 of DV raising objection on
jurisdiction and sought documents u/s 91 of CrPC.
xxvii. The Respondent states that within 4 days of the
Respondent father agreeing to mediate, but refusing for
demanded amount conspired and lodged FIR on
20.10.2020 against the Respondent and his father and
the part time maid who is not in domestic relationship
with Complainant u/s 498a with NRI Police Station at
Cr. No. 276/2020.The allegations for offences
punishable under Section 307, 341, 354(A), 376,377,
498A, 323, 406, 504, 509, & read with section 34 of
IPC are against the Respondent and his father and
maid, after respondent
 49

failed to respond on the monetary settlement of Rupees

One Crore only amount to her after the first date of
PWDVA hearing on 16/10/2020. (The Respondent
craves to refer and rely on reply exhibit C of FIRST
INFORMATION REPORT).

xxviii. The Respondent thereafter approached Honorable high

court which was pleased to grant final ABA in the FIR
CR No. 276/2020 to the Respondent and noted in the
interim order that on the basis of no medical &
contradiction in FIR and PWDVA complaint, the
RESPONDENT needs to be protected on 10.12.2020
and the ABA became absolute on 23.9.2022.
xxix. The Respondent states that he has filed complainant
application U/S 12 to 23 of PWDVA complaint showing
address of Sanpada, but the Complainant filed case with
address of Santacruz, Mumbai jurisdiction. The
Respondent state that the legal notice received by them
had her father address as Virar West, Palghar -401303.
The Respondent states that the complainant has
admitted in the application of PWDVA that she returned
back to her father home which as per legal notice was
Virar Palghar . The Complainant has lied on oath and
has fabricated address proof of Sanpada after 9 months
of filing of the PWDVA case.
 510

xxx. The Respondent states that the state affidavit

and chargesheet filed in high court showed
medical report after 70 days of alleged
incidences, with no injury made out and
confirms that Complainant refused to approach
for medical and counselling. The
RESPONDENT further state that since
2.12.2020, they were receiving threatening
from Complainant and from her late father
through various sources to settle with him by
paying his demanded money .(Hereto marked
and annexed as Exhibit V is copy of
threatening email sent to brother in law of
Respondent by Complainant and her
father).

xxxi. The Respondent craves to produce documents

filed in chargesheet with respect to medical
examination report of complainant for rape
being negative on injury and rape and burn
injury being negative and Mahanagar Gas
Report denying fire accident/ repair work in
the flat of Respondent father anytime as falsely
alleged by complainant. It is evident from
these documents of chargesheet that the
complainant has beautifully crafted an
afterthought concocted story with deliberate
intention in Written Statement/ PWDVA/ FIR
to fabricate Respondent and his father for the
greed of money which is largely abuse of law,
perjury on oath requires serious action against
 511

complainant for making such false heinous

allegations. The Respondent submits that the
record shows medical report after 70 days of
falsely alleged incidence with no injury made
out and also confirms that complainant didn’t
approach deliberately for counselling and
medical till 20.10.2020. The Respondent
father’s medical reports at Exhibit-Q and
Honourable High court quashing the PWDVA
case against Respondent father proves the
absurdity and falsity of allegations of
complainant being brutal raped by Respondent
father, who is in fact a senior citizen aged 81
years old hernia patient and has been operated
in 2013. That the respondent states that
complainant has falsely alleged of being raped,
attempted to be killed and harassed in
PWDVA but the photos, chats, medical
examination report in chargesheet is otherwise
and disclosure of affidavit of assets and
liabilities both are false and perjury as there is
no medical treatment record.Therefore, the
documents produced in PWDVA application
and affidavit of Assets and Liabilities by the
complainant are fabricated and perjury on oath
to obtain favourable orders against the
Respondent. (Hereto marked and annexed as
Exhibit VI is the copy of medical
examination report at Meenabai Thackerey
Hospital of complainant of rape and burn
injury being negative).
 512

xxxii. The Respondent states that the part time maid,

who refused to testify as witness to the
complainant-father conspiracy was
unnecessary, dragged into the FIR case and
there is an audio recording dated 30/07/2020 as
a proof. The maid did not even attend the
marriage and nowhere seen in marriage photos
and if the complainant statement to be believed
that the maid was so important person in
Respondent father family, she should be in all
photos of marriage. Thirdly, the maid went for
relative marriage from 10/1/2020 to 23.1.2020
she was in village and she isn’t present in any
photos of 17.1.2020 &18.1.2020. It is pertinent
that maid is not anywhere seen in any family
pictures of complainant and Respondent. The
maid was also implicated in a false 498a FIR
case purely due to personal grudges of
complainant.
xxxiii. . The Respondent states that the PWDVA
application and interim application along with
affidavit of Assets and Liabilities disclosures is
perjury on oath and is afterthought and
concocted and crave to refer to fabricated
evidentiary documents filed by the
complainant in the PWDVA case.
xxxiv. The complainant late father had once again
sent very threatening & intimidating legal
notice dated 29.04.2022 demanding payment
of Rs.47,50,000/- along with Rs.5,00000/-
 513

and interest of 18% thereon, despite all cases

being sub-judice in honourable high court at
the relevant time and at trial courts.(Hereto
marked and annexed as Exhibit-VII is the
copy of the legal notice dated 29.04.2022
sent by present advocates of complainant in
trial courts).
II. The Respondent states that the Complainant
has falsely alleged in the PWDVA with
contradictory dates and twisted the whole facts
and shown Respondent to be impotent. The
Respondent states that the medical
examination in chargesheet shows him to be
medically fit to consummate the marriage and
falsifies the allegation of impotency , therefore
it is perjury on oath to make out a false case
against Respondent. (Hereto marked and
annexed as on Exhibit- VIII Medical
Certificate of Dr.Nitin Tawte showing
Respondent to be medically fit and
Chargesheet Medical examination showing
appellant to be fit).

JJ. The Respondent states that the complainant has filed

documents specially her medical tests of breast cancer
done by her showing Virar address and of her father rental
from 2021 of renewal of agreement of Virar from January
2021 which falsifies the fabricated document of rental.
The complainant didn’t receive the notices of high court as
she was staying in Virar. (Hereto marked and annexed
as Exhibit-IX is the copy of Honourable High court
 514

remark and copy of medical test paper of complainant

no.2 showing Virar).

14.To be more specific, the Complainant alleges that the

Respondent is an impotent and could not perform sexual
intercourse and on the other hand she alleges rape against
theRespondent. This statement itself is self-explanatory/
contradictory that the allegations made by the Complainant
in Written statement/ PWDVA/ FIR is totally absurd,
baseless and false on oath.

15.The respondent submits that the complainant has filed her

affidavit of assets and liabilities and has deliberately not
filed her salary slip & bank statement in details for last
threeyears and other relevant information as detailed in para
9 &10 hereinabove, as required by the mandate of supreme
court, before this Hon’ble court. The respondent filed
applications to that effect and this hon’ble court directed the
complainant to comply with filing of proper documents.
Despite the same the complainant has deliberately failed to
file the same and assets and liability of complainant , is
without the proper disclosure as per the Hon’ble supreme
court directions .The supreme court has created mandate
forcomplete disclosure for both the parties as pre requisite
fornecessary interim relief sought by the parties .Therefore
the application filed by the complainant under section 36,
is frivolous with filing of improper affidavit of assets and
liability , because though the complainant is submitting that
she is housewife , but it can be very well seen that she is
highly qualified physiotherapist and MBA and was working
with Hinduja before , which she has deliberately hidden
from this hon’ble court and is living a lavish life ordering
 515

food from outside daily and instead of mentioning jobless ,

has deliberately written housewife. It is evident that the
complainant is highly educated, physiotherapist MBA, and
is not disclosing the true facts before this hon’ble court &
seeking maintenance by misleading thishon’ble court by
suppressing the vital information, thisshows the intention of
the complainant to not disclose the information about her
earnings and livelihood. It is evident that the complainant is
causing perjury on oath to get favourable order in the
present case by her false statements and fabricated
documents which this honourable court must discard and
reject and not allow such misuse of law.

16.The respondent states that as per the legal notice of

complainant father dated 12th August 2020, he was residing
at Virar , Palghar and as per the complainant submission ,
she has mentioned that she was staying in Seawoods at
herhusband home till 18.08.2020 and went back to her
father place at Virar. So, it is very well seen that the
complainant has created a fabricated document of
unregistered rental and the same is dated 9th August 2020,
even before the so called alleged incidence date 11.08.2020
18.08.2020, when she left the respondent house on 18th
August 2020. Therefore, seeking maintenance and rental is
false , based on fabricated documents and misleading
statements and should be rejected.

17.The respondent submits that the complainant never wanted

tostay with him and refused to consummate the marriage
withhim and has further defamed the respondent with the
allegations of impotency/transgender in relatives and
neighbourhood and withdrew herself from the company of
 516

the respondent after assaulting him and damaging his

desktop on 18th August 2020. The respondent has filed the
NCR forthe same. Therefore, the respondent was
constrained to file the present divorce petition after extreme
cruelty in the hands of complainant driving respondent to
extreme stress andhis marital life was completely shattered.
Therefore, the respondent has approached this hon’ble court
and has filed the present petition. The respondent states
that there are plethora of judgements which states that
if wife has deserted and refused to consummate the
marriage with the husband and refuses to cohabit with
him and causes utmost cruelty driving him with the
thoughts of shame and suicide, she is not entitled for
maintenance and in the present case also it is evident
that the complainant deserted the respondent on 18th
August 2020, as per ownadmission and after a month
filed false PWDVA case asan afterthought and after two
months filed FIR with complete contradiction of
statements causing utmost cruelty on the respondent
further. It is evident that the complainant is highly
educated and it is also evident that, she has not filed her job
details of Hinduja to hide the same from this hon’ble court
and showing herself deliberately sitting idle even after
being highly qualified. It is also evident that the said DV
and FIR was filed as an afterthought, after the present
divorce came to be filed. It isalso evident that the
complainant is living luxurious life, ordering food from
swiggy daily and has deliberately takenhouse on rent,
despite having father house in Virar. It is also evident that ,
she is capable enough to take up a job, but hasdeliberately
not doing any job. From the above, it is evident that the
 517

complainant wants to demand huge money from respondent

by fabricating false cases. The respondent craves to refer to
citation of Hon’ble Madhya Pradesh High Court& Delhi
high court. (The respondent craves to refer and rely on the
List of Citations for the same).
i. The Hon’ble Madhya Pradesh High Court
in case of Mamta Jaiswal vs Rajesh Jaiswal
observed as under:
In view of this, the question arises, as to in
what way Section 24 of the Act has to be
interpreted: Whether a spouse who has
capacity of earning but chooses to
remainidle, should be permitted to saddle
other spouse with his or her expenditure ?
Whether such spouse should be permitted to
get pendente lite alimony at higher rate from
other spouse in such condition ? According
to me, Section 24 hasbeen enacted for the
purpose of providing a monetary assistance
to such spouse 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 idleto squeeze out, to milk out the
other spouse by relieving himof his or her
own purse by a cut in the nature of pendente
lite alimony. The law does not expect the
increasing number of such idle persons
 518

who by remaining in the arenaof legal

battles, try to squeeze out the adversory by
implementing the provisions of law suitable
to their purpose. In the present case Mamta
Jaiswal is a well- qualified woman
possessing qualification like M.Sc. M.C.
M.Ed. Till 1994 she was serving in
Gulamnabi Azad Education College. It
impliedly means that she was possessing
sufficient experience. How such a lady
canremain without service? It really puts a
big question which is to be answered by
Mamta Jaiswal with sufficient congent and
believable evidence by proving that in spite
of sufficientefforts made by her, she was not
able to get service and, therefore, she is
unable to support herself. A lady who is
fighting matrimonial petition filed for
divorce, cannot be permitted to sit idle and to
put her burden on the husband for
demanding pendente lite alimony from him
during pendency of such matrimonial
petition. Section 24 is not meant for creating
an army of such idle persons who wouldbe
sitting idle waiting for a 'dole' to be awarded
by her husband who has got a grievance
against her and who hasgone to the
 61

Court for seeking a relief against her. The

case may be vice versa also. If a husband
well qualified, sufficient enough to earn, site
idle and puts his burden on the wife and
waits for a 'dole' to be awarded by
remainingentangled in litigation. That is also
not permissible. The law does not help
indolents as well idles so also does not want
an army of self-made lazy idles. Everyone has
to earnfor the purpose of maintenance of
himself or herself, atleast, has to make
sincere efforts in that direction. If this
criteria is not applied, if this attitude is not
adopted, there would be a tendency growing
amongst such litigants to prolong such
litigation and to milk out the adversary who
happens to be a spouse, once dear but far
away after an emerging of litigation. If such
army is permitted to remainin existence,
there would be no sincere efforts of amicable
settlements because the lazy spouse would be
very happy tofight and frustrate the efforts of
amicable settlement because he would be
reaping the money in the nature of pendente
lite alimony, and would prefer to be happy in
remaining idle and not bothering himself or
 60

herself for any activity to support and

maintain himself or herself That cannot be
treated to be aim, goal of Section 24. It
isindirectly against healthiness of the society.
It has enactedfor needy persons who in spite
of sincere efforts and sufficient effort are
unable to support and maintain themselves
and are required to fight out the litigation
jeopardising their hard earned income by
toiling working hours. In the present case,
wife Mamta Jaiswal, has been awarded Rs.
800/- per month as pendente lite alimony
andhas been awarded the relief of being
reimbursed from husband whenever she
makes a trip to Indore from Pusad, Distt.
Yeotmal for attending Matrimonial Court for
date ofhearing. She is well qualified woman
once upon time obviously serving as lecturer
in Education College. How she can be
equated with a gullible woman of village?
Needless to point out that a woman who is
educated herself with Master's degree in
Science, Master’s Degree in Education,.
Would not feel herself alone in travelling
fromPusad to Indore, when atleast a bus
service is available asmode of transport. The
submission made on behalf of
 62

Mamta, the wife, is not palatable

anddigestible. This smellsof oblique intention
of putting extra financial burden on
thehusband. Such attempts are to be
discouraged. In fact, wellqualified spouses
desirous of remaining idle, not making

efforts for the purpose of finding out a source of

livelihood,have to be discouraged, if the society
wants to progress.

ii. High court of Delhi in case of Sanjay

Bhardwaj &ors Versus The State and
Anr observed :
No law provides that a husband has to
maintain a wife,living separately from
him, irrespective of the fact whether he
earns or not. Court cannot tell the
husband that he should beg, borrow or
steal but give maintenance to the wife,
more so when the husband and wife are
almost equally qualified and almost
equally capable of earning and both of
them claimed to be gainfully employed
before marriage. If the husband was BSc.
and Masters in
 63

Marketing Management from Pondicherry

University, the wife was MA (English) &
MBA. If the husband was working as a
Manager abroad, the wife with MBA
degree was also working in an MNC in
India.

iii. Anjum vs. Yunus Saleem (High Court of

Delhi)

Under the law the burden is placed in the

first place uponthe wife to show that the
means of her husband are sufficient. In the
instant case there is no dispute that
theAppellant has the requisite means.

7. But there is an inseparable condition

which has also to be satisfied that the wife
was unable to maintain herself. These two
conditions are in addition to the
requirement that the husband must have
neglected or refused to maintain his wife.
It has to be established that the wife was
unable to maintain herself. The Appellant
has placed material to show that the
Respondent-wife was earning some
income.
 64

That is not sufficient to rule out

application of Section 125, Cr. P.C. It has
to be established that with the amount she
earned the Respondent-wife was able to
maintain herself.'
8. When the case of the revisionist is
examined in view ofthe above legal
position, I find that the revisionist is
having sufficient means to maintain
herself. She had been availing all the
facilities at the house of
respondent/husband. Otherwise also, she
has sufficient means to lead her life as per
social status of her husband.
9. Finding no illegality, irregularity or
perversity in the impugned order, the
revision petition is hereby dismissed.
iv. E. Shanthi vs. Vasudev H.K. (High
court of Karnataka)
3. Admittedly, petitioner is residing with
her parents atChennai and whose brother
is also a doctor. When the petitioner was
practicing prior to marriage, when her
name continuous on the board of the
clinic, the Trial Court is justified in
rejecting the application of the
petitioner. There is no
 65

difficulty for the petitioner to work as a

Doctor. Even if the petitioner is not
working as a doctor in the clinic of her
brother, since there are no impediments
for her to work along with her brother as
a doctor and when she is capable of
earning, this Court is of the opinion that
the Trial Court is justified inrejecting the
application of the petitioner. When the
petitioner is capable of earning and
having required qualification and that
when she was working as a doctor prior to
marriage, there cannot be any difficulty
for her to continue the same profession.
Therefore, Section 24 of the Hindu
Marriage Act cannot come to the aid
ofsuch persons. Accordingly, this petition
has to be rejected.

v. Hari Har Raj Kalingarayar vs Aarti (Madras

High Court)
34. Before parting with the case, this Court
expresses its deep concern that though the
legislation formaintenance is a valuable
and beneficial legislation safeguarding
hapless and helpless wife, who is unable
to
 66

maintain herself, but there are some

instances in which as in the case on hand
the wife focus her husbandas like that of
an automated teller machine and the
beneficial provisions of law is managed to
be utilized asa tool of harassment.
35. In the result, this Criminal Revision is
partly allowed with the following
directions:(a) the revision petitionershall
pay a sum of R.10,000/- towards monthly
maintenance to the respondents 2 and 3
each, totaling a sum of Rs.20,000/- per
month from the date of filing of
M.C.No.75 of 2012; (b) the order of
maintenance towards the 1st respondent
stands rejected in view of thefactum that
the 1st respondent posses sufficient means
and source of income to maintain herself.
No costs.
vi. Manokaran @ Ramamoorthy vs
M. Devaki (MadrasHigh Court)
The above averment shows that the
petitioner herein/husband is working in
Senthil Auto Garage,Annai Sathya Nagar,
Chennai-102 and drawinga salary of
Rs.2000/- per month. Likewise, it is also
seenthat the respondent
 67

herein/wife is working in Raj T.V and

drawing a salary of Rs.4,500/-. Though the
said aspect has not been substantiated, I
have already referred to the admission of the
respondent herein in hercounter statement
filed in the main O.P.1310/2000 wherein she
admitted that she secured a private job andis
getting salary and staying with her brother.
On the other hand, it is established
particularly from Ex. R-1, the petitioner
herein is getting only Rs.70/- per day or
Rs.2000/- per month by working in Senthil
Auto Garage.I have already referred to the
language used in Section 24 which makes it
clear that for grant of maintenance pendente
lite the party should not have sufficient
independent income for her support. In the
light of the materials available, particularly
the admitted case of the respondent/wife, she
is employed in a private Satelite T.V. and
earning for her livelihood staying withher
brother, it cannot be construed that she is
not having sufficient independent income.
The Family Court lost its sight to consider
the above material aspect.
 68

G. Bhagyashri vs. Jagdish (High Court of

Bombay)

16. The provision of maintenance /

permanent alimony being a beneficial
provision for the indigent spouse, thesaid
section can be invoked by either of the
spouse, where a decree of any kind
governed by Sections 9 to 13 has been
passed and marriage tie is broken,
disrupted or adversely affected by such
decree of the court. The scope of Section
25 of the Act of 1955 cannot be
constricted by not making it applicable to
a decree of divorce being passed between
the husband and wife. 18. In the wake of
the above observations, since Section 25
has to be looked upon as a provision for
destitute wife/husband the provisions will
have to be construed widely so as to
salvage the remedial entailments, the
contention of the learned counsel cannot
be accepted and it is open for the court to
decide the application filed by the
husband under Section 25 of the 1955 Act,
seeking monthly
 69

maintenance, by way of final proceedings,

pending which, the application for interim
maintenance filed under Section 24 of the
Act of 1955, has been rightly entertained
by the learned Judge and the husband has
been held entitled to interim maintenance
while the proceedings under Section 25
are pending.

18.The respondent submits that in his affidavit of assets and

liability he has clearly stated that he is a contractual
employee with renewal of contract every year and has
resigned, he is presently jobless due to complainant’s
utmost cruelty and online defamatory statements due to
which he is being force to resign . Therefore, it is a
completely misleading statement of the complainant that
the respondent is having salary of Rs. 1,20,000/- is a false
statement to seek favourable orders and without any proof
to the same and the complainant seeking Rs.50,000/-is
illogical and without any basis.
19.The respondent submits that the complainant has
deliberately made false statements in the affidavit of assets
and liabilities and caused perjury on oath to get favourable
orders which is abuse to the process of law. For the want
of proper disclosure in the assets and liabilities and for
fabricating documents and statements causing perjury, this
 70

application needs to be rejected with cost. It is completely

misleading statement of the complainant that the
respondent is having salary of Rs. 1,20,000/- is a false
statement to seek favourable orders .The complainant has
sought arbitrary amount of Rs. 50,000/- which is
exorbitant amount and respondent has relied upon various
judgements hereinabove to establish that the complainant
who is educated and well qualified is not entitled for
maintenance. Presently, due to the derogatory statements
given by the complainant and her father in Online
newspaper as mentioned in para 11 hereinabove the
Respondent is jobless and without any source of
income .Therefore, the arguments adduced by complainant
advocate on the last occasion that Respondent is earning
Rs.51,000/-sufficiently to maintain the complainant is a
false statement and is also inconsistent with her pleadings
where she mentioned salary to be Rs.1,20,000/- .The
complainant advocate further adduced the argument about
respondent father income (pension) to claim maintenance ,
it is settled provision of law that maintenance cannot be
claimed from the parents of respondent from their personal
source of income and secondly the father of respondent is
suffering from many health issues and most of his pension
is utilized towards the treatment. The complainant
advocate further adduced the argument, stating that the
complainant is a Breast cancer patient and the respondent
craves to refer to para no.7 hereinabove and states that it’s
a false submission they are mere tests papers and does not
 71

indicate the prevalence of the disease , therefore to gain

sympathy and favorable orders the false submission have
been made by complainant through the advocate. The
complainant advocate has further argued about the
complainant being Ayurvedic doctor and without any
source of income. The respondent craves to refer to para
no. 8, 13 (U) and para 15 hereinabove to show that the
complainant is highly qualified not ayurvedic doctor which
is a lie and is Physiotherapist and MBA and is lavishly
spending and having source of income which she has
hidden from this court by not showing her source of
expenses and has clearly mentioned that her father is
retired therefore it is a false statement that she has no
source of income as it is implausible to have such a type of
lifestyle where she can afford to stay separately and spend
a huge amount on rental and ordering food online.

20. The respondent further states that not only that the
complainant from day 1 has refused to cohabit with him
and consummate the marriage and has caused utmost
mental & physical cruelty and further has defamed him
publicly by calling him impotent/transgender and rapist
by publishing the same in newspaper despite the
matters being sub judice in the Hon’ble High court.
That the respondent states that for claiming
maintenance under section 23, it is important to prove
that there is prima facie domestic violence and
complainant should prove that she is inclined to stay
with the husband and the husband has refused to
maintain her. In the present case the complainant has
not shown any inclination to stay with respondent, and
 70

she has only put false allegations against the respondent

which is evident as there is no document to prove it and
the medical report is negative. The respondent states
that instead of filing restitution the complainant by
misusing provisions of laws is extorting money. It is
evident that complainant has implicated respondent and
his 81 year old father for money and is not interested in
staying with respondent and the present advocate’s
legal notice dated 29.04.2022 talks about money. The
respondent states that in fact he is entitled to claim
maintenance from complainant because of whom he has
lost his job and craves to file application for the
same.The Respondent state that he has ample evidence
filed with this application to show that the whole case is
vexatious without any cause of action and completely
fabricated, concocted and perjury on oath to make up a
case for extortion of money. The complainant is
abusing the process of law and has filed vexatious
complaint by playing fraud on court process. The
complainant has failed to file any documentary
evidence in the complaint to show prima facie case of
domestic violence. The Complainant has further caused
perjury on oath before this honourable court by filing
false statement and fabricated documents and falsely
deposing to show prima facie case of domestic violence
and got fraudulently the notice issued against the
respondent. The interim application is abuse of law.
 71

21.The respondents further state that it is well

settled provision of law that any decree/ order
obtained by fraud, abuse, perjury in the court
process .

22.The Respondents state that in the aforesaid

circumstances, it is evident prima facie that the
complainant has got issue notice and rejection of
jurisdiction application of respondent by playing
mischief and falsity of statements on oath in the
court proceedings where enquiry may be conducted
by this honourable court.

23.Therefore, the respondent most humbly prays to

this Honourable Court that it may be pleased to
reject the application of maintenance on the
aforesaid grounds.

Filed on-08.11.2023

Filed at-Belapur

Advocate for Respondent