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Sample Counter Affidavit in Domestic Violence case.

IN THE COURT OF HON’BLE 8TH METROPOLITAN MAGISTRATE, CYBERABAD AT RAJENDER NAGAR.

Cri. M.P. No. _______ of 2017

DOMESTIC VIOLENCE CASE No. —-

 

BETWEEN :

Mrs. —–                        …      Petitioner

And

Shri Viky —- & other           …      Respondents.

 

 

COUNTER AFFIDAVIT OF THE RESPONDENT (HUSBAND).

 

I, Viky s/o.—, do hereby take oath and state on solemn affirmation as under :-

  1.         The petitioner has filed rental agreement with — dated 09.10.2017 as an evidence of monthly rent of Rs. 6,000/-.  However, no rent receipts were filed and it is also pertinent to note that the rental agreement is not registered but merely notarized and has no evidentiary value in the eyes of law.  The rental agreement has been filed merely to create a show that the petitioner is living in rented premises.  The rented premise is close to her maternal home. It is evident from the address mentioned in the rental agreement that while she lives at —, —, the address in the rental agreement is —, —, which is not more than 200 to 300 feet from her maternal home.  Thus, it is anybody’s case as to whether she really lives in the rented premises, while her father has fallacious bungalow and out of his 03 daughters, only 01 daughter lives with him and is well employed and earns handsome salary, while elder daughter resides in Bangalore with her husband and the petitioner herself is well employed and being well qualified and lives in palatial  house constructed by her pensioner father who was class-I Government officer of NMDC.  Thus, the rental agreement is merely filed to hood wing this Hon’ble Court.
  2. In so far as treatment and disease of the petitioner is concerned, the medical certificate dated 04.08.2017 has been filed from Ayurvedic specialist and not a Gynecologist. Ayurvedic specialist is not authorized to treat complicated gynecological cases and is further not competent to advise complete bed rest.  So-called disease of Menorrhagia is most common in females which leads to bleeding and can be treated with modern medicines and completely cured.  Thus, the medical certificate dated 04.08.2017 has no basis which is not accompanied by any tests or modern diagnosis, screening, no medicines are prescribed and the Ayurvedic specialist is not qualified to treat the disease of Menorrhagia if any by which the petitioner claims to be affected.  It is further submitted that the said certificate is not accompanied by any affidavit of the medical practitioner and cannot be admissible in evidence.  It is further submitted that the said certificate has been filed on record merely to mislead this Hon’ble Court into believing that the petitioner takes bed rest in the rented premises near her father’s palatial bungalow although she is qualified as Bachelor of Physiotherapy and MBA and earning a salary of 50000/- per month which is evident from her recent updated Form 26AS (TDS statement provided by Income Tax Department, Government of India). Therefore it is unbelievable story spun by the petitioner to hood wing this Hon’ble Court.  Therefore, the documents filed regarding rental agreement and medical certificate are liable to be rejected, in the interest of justice.

 

                                                                                DEPONENT

I know & identify the deponent.

 

Advocate

 

V E R I F I C A T I O N

                   I, Viky s/o. —, Aged about 36 years, Occ. Service, R/o. —, do hereby verify that the contents of the above  counter affidavit of paras 1 & 2 are true and correct to my personal knowledge and believed to be true by me. The same are drafted by my counsel as per the instructions given by me.

Hence signed and verified at Nagpur on this _____ day of November, 2017.

                                                                             DEPONENT

I know & identify the deponent.

ADVOCATE

Counsel for Respondent

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