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Domestic Violence Case Written Arguments
on Behalf of Husband to Question Legality of
Orders Passed by Magistrate Ignoring
Mandatory Laws
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Published by Sridhara babu. N - ಶಶಶ್ರೀಧರ ಬಬಾಬಬ. ಎನ
Affidavit specifically requires to state in para 4, from when and
where she is living with respondent, it also checks in para 6
whether contents have been explained in language known to
her or it is only advocate allegations, it also wants to disclose
in para 9 what type of impending threats...
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NOTE: Arguments drafted for a specific facts and

need/ may change in views from others, do not copy
exact contents, use it to create stillinnovative drafts,
layman shall seek your advocates guidance rather
than using these contents
–
AN EFFORT TO STREAMLINE LITIGATIONS

IN THE COURT OF THE HON’BLE DISTRICT

AND SESSIONS JUDGE AT
…………………

Crl. Appeal /2013

APPELLANT VS RESPONDENTS
……………

…………….

MEMORANDUM OF WRITTEN ARGUMENTS FILED ON

BEHALFOF APPELLANT:-A) INTRODUCTION:-
This appeal is filed against exparte interimorder
passed on an application under section 20 of the D.V.
Act by the Prl Civil judge and JMFC at
……………
.
B). LOWER COURT ALLOWED EXPARTE ORDER FOR
ANAPPLICATION UNDER SECTION 20 OF THE DV ACT
BASED ONTHE FOLLOWING BRIEF POINTS:-
1.

Allegations of dowry demand through phone calls

(no documents produced or witness quoted).
2.

Allegations of cruelty both in Thirupathi and

Saudi Arabiafrom 1993 to 2000
(no such complaint made in 20 years
–
no documents of such complaints produced).

3.

Petitioner went to Thirupati to demand share in

moveablesand immoveable properties for the welfare
of children.
(no documents produced).
4.

Respondent is getting 40 to 50 lakhs handsome

income permonth.
(No documentary evidence produced)
SRIDHARA BABU. N Advocate Tumkur, Karnataka, PH:
9880339764

NOTE: Arguments drafted for a specific facts and

need/ may change in views from others, do not copy
exact contents, use it to create stillinnovative drafts,
layman shall seek your advocates guidance rather
than using these contents
–
AN EFFORT TO STREAMLINE LITIGATIONS

5.

Father of the first respondent has bequeathed one

buildingwhich is situated at tirupathi in the name of
complainant no. 2 to4. The respondent 2 not sending
rentals fetched by that building.
(No documentary proof quoted or attached, no
identification of property quoted either with
street or locality
–
Vague claim).
6.

From the passport court assumed that respondent

isworking in saudi Arabia and getting sufficient income
.
(Such recitals of income details and nature of
work as on the date of petition cannot be found
in passport)

7.

From other documents court assumed the relationship

of parties.
(Mere assumption of relationship is no proof as
to domestics violence)
C). BRIEF GROUNDS PLEADED IN APPEAL:-
1.

Exercise of judicial powers in such pattern is bad in

law.2.

Complaint cannot be entertained - only report from

proper authority need to be considered.3.

Non examination to elicit material particulars as

required under law not made before issuing process.4.

No retrospective effect can be given in application of

act to the acts that took place before 2006.5.

Material particulars as to income not there on record

to pass interim order.6.

Appellant is jobless from October 2010.7.

Under Islamic law all child above the age of 12 years

shall be treated as major.8.

Exercise of erroneous jurisdiction.9.

Arbitrary, capricious and perverse exercise of powers

by lower court without indulgence.10.

Basic law applicable to the facts of the case ignored.

SRIDHARA BABU. N Advocate Tumkur, Karnataka, PH:
9880339764

NOTE: Arguments drafted for a specific facts and

need/ may change in views from others, do not copy
exact contents, use it to create stillinnovative drafts,
layman shall seek your advocates guidance rather
than using these contents
–
AN EFFORT TO STREAMLINE LITIGATIONS

D). CONTRARY STATEMENT OF COMPLAINANT IN

THECOMPLAINT WHICH IS CLEAR
MISREPRESENTATION OFFACTS:-
1.

In para 6 of
the complaint “
At no point of time since from 12 years the
respondents not paid any single NP towards
maintenance of the complainant
”
CONTRARILY
, In para 9 of the complaint
“
After death of father of the first respondent in the year
2003 the second respondent has paid Rs 4000/- per
month till one year only by sending money order to
the complainants regarding the rent of the said
building
”
The building alleged is the self acquired property of 2
nd
respondent which is fraudulently mis-represented.2.

In para 7
of the complaint “
Complainants are entirely depending upon the parents
of the first complainants towards
their food, clothing and other necessities
”
CONTRARILY
, In para 10 of
the complaint “
Complainants having no source of income to maintain
themselves. It is by obtaining hand loans the
complainants are maintaining themselves
”
.3.

In cause title second complainant’s age is mentioned

as 17
years
CONTRARILY,
in para 7 of the complaint 2
nd
complainant isstated to be studying in 2
nd
year Mechanical Engineering that is(5+10+2+2 = 19
years), suppression of material facts fromrepresented
prima facie facts pleaded by complainant
themselves.4.

In cause title third complainant’s age is mentioned as

14
years
CONTRARILY
, in para 6 of the complaint 3
rd
complainant isstated to be born in 1996 (17 years), in
para 7 of the complaintstated to be studying in 1
st
year PUC that is (5+10+1 = 16 years),suppression of
material facts from represented prima facie
factspleaded by complainant themselves.

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