In Lazarus Estates Ltd. V. Beasley, (1956) 2 QB 702 at Pp. 712-13 Lord Denning, LJ. said :

        "No judgment of a Court, no order of Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything."   (emphasis supplied)

         See also, in Lazarus case at p. 722 per Lord Parker, C.J. :

        "'Fraud' vitiates all transactions known to the law of however high a degree of solemnity."

        All these three English decisions have been cited with approval by this Court in Pratap Singh's case."

And this judgment has been relied again by Supreme Court of India in its judgment on 27/4/2004 in Vijay Shekhar Vs. U.O.I. & Ors. .

CHECK LIST

(For verifying Compliance of Statutes and Judge made laws set by the Supreme Court of India

 in different Judgments  relating to Family/Matrimonial Homes including for allegations under  section 498A IPC by Living Wife to ensure coming to court with CLEAN HANDS and remain with CLEAN HANDS.)

      That to meet ends of justice and to save guaranteed fundamental rights it is essential that woman gives following declarations on the first date and on all and every dates of hearing thereafter in the court(s) as follows:

                       That amongst others, the above following procedure should be adopted within the existing laws to prevent and identify even attempts to abuse criminal process, is based also upon Article Nos. 141 and 144 of the Constitution as well as based upon directives of the Supreme Court of India in 2005 AIR SCW 5303 (Ruling concerning responsibilities of “Civil (includes Police) and Judicial Authorities” to lessen burden upon courts)  and in 2005 AIR SCW 3569 (Ruling to prevent abuse of criminal process in matrimonial matters and punishing the user of section like 498A IPC for ulterior motives being found with stringent punishment under the existing law).

                     Following Format designed as check list from existing law to prevent misuse of matrimonial laws to save marital homes and to prevent and detect any possibility of ulterior purposes for abuse of civil and criminal process of court :

                      FORM MRS-1 / CHECK LIST 

(with Affidavit sworn before the Judicial Magistrate/Metropolitan Magistrate to prevent and detect abuse of criminal process u/s. 498A IPC and other matrimonial laws, and preventing jumping of conjugal bed by the woman for ulterior and alien purposes, if any) 

To be typed or WRITE in block letters.

To be submitted in One Original and 2extra attested true photocopies for court and police records (in case as applicable). plus additional true copies- one copy for each respondent accused with allegations.

To be submitted within two working days inclusive of the date on which sworn on. 

  (Check List for Cases under Women Empowerment in Matrimonial Homes to prevent abuse of criminal process for ulterior purposes, if any for use in matters of Sections Like Sec.498A IPC, Sec. Dowry Prohibition Act Vis-à-vis in matter relating To Husband and his relatives’ Fundamental Rights including to live with Dignity under Article 21 of The Constitution is guaranteed which cannot be taken away or suspended without considerable reason as per Constitution) 

      To be submitted by the living woman to the JMFC/MM and if submitted to  Police Officer (includes Investigation Officer) it is to be forwarded to the JMFC/MM for taking cognizance or not, and issue of summons for giving show cause or not:

Information Under Existing Law (Statutes + directives in SC Judgments) –

I declare under penalty of perjury under the laws of India and state laws (as & if applicable) as well as Constitution of india that the information contained on all pages of this form and any attachments is true and correct as follows: 

1.     Name of woman (in Full) :

2.     Daughter of (if mentally considering herself to be unmarried) or

      Wife of:

3.     Date of Birth:               

4. (a) Occupation within last 3years before filing of

     any case against husband or his relative(s):

  (b)  Occupation since and after filing of any

any case agianst husband or his relative(s):

4A. If employed or self employed (give details of all employers with complete address and designation, If Self-Employed, details thereof ).

4B. Whether Income Tax paid:   Yes/No

       P.A.N. No. (if any)

4C.  Whether Any Income Tax Deducted At Source?:

        Yes/No . If Yes, give complete details there-of

5. Permanent Address:

6. Present Address :

7. Phone No. (If any) where you reside on date of this check list:

    Mobile No(s). (If any):                      Dates when Acquired:

      Is your phone / mobile number known

      to your husband :                    Yes  /  No

9. Whether Married? If yes, with whom? Name of the husband:___________________ S/o. _________________

a.    Date of Marriage:      

b.    Give proof of marriage, supported with true certified copy of certificate of registration of marriage with the State’s Registrar of Marriages.

                          c. Marriage Registration number

                          d. Date of registration of marriage:

10. Whether you were married before being married to the man named as husband in Column No.9:  If yes, give details.

10A.  Is there any proof of divorce with previous husband, if any, before being married to present husband or has the man/previous husband was a live-in-man woman relation / left you without giving divorce, please give the details:

11. Number of Children (if any): 

      From Previous Marriage(s),   

       From present Marriage.   Children and Abortions(if any) from “Live -in Relations (if any)”:  Give complete Details clearly.

12. Have you Ever any problems like H.I.V., A.I.D.S, and/or any other contagious disease? (Give Proof, there of).

13. Have you married again after your husband expelled you from your matrimonial home?:

14. Have you deserted your husband and left your home

              To return to your parental home/relations/friends: Give Details.

15. Are you living with any man as a “LIVE IN together concept relation”?:

16. You are residing since which date away from husband and all addresses of residences and occupation since your marriage(s):

17. Was your husband employed or unemployed when you left your matrimonial home? Give full and true details.

18. Did your husband compel you to leave home?:

           (Give specific details for all such occasions)

19. Did you leave your husband’s home for any other reason like pursuing education, pursuing employment /p ofessional career of any stream and/or doing business:

20. Has your husband ever called you back to matrimonial home?  Give details for all such occasions:

21. At present residing at the address with my child/children/relative(give exact relation)/alone : Address and other details be given.

22. Why you have preferred cruelty for making complaint u/s. 498A IPC and not preferring divorce by proving cruelty under the Divorce Act? You are ordered to give complete details.

23. i.   Will you compromise by withdrawing sec. 498a IPC complaint, if any, by receiving any desired amount and mutual divorce from husband.

   YES / NO 

    ii.   And required amounts from husband and his  relatives for withdrawing the cases u/s. 498A IPC etc.? Give details clearly herein including what amount you need, if you do not want to reside in matrimonial home with husband mentioned in at Sl. No. 9:

24. Are you residing with your parents and brothers or with any other relative or friend? Give full details.

25. Have you ever been taking contraceptive pills. If yes, Give details there of:  

     25a.  Using other contraceptive methods: Yes / No . 

            If presently taking contraceptive pills and any other contraceptive 

               methods? Please mention -

       26. Any other relevant details, if any:

27. On each date in court the married woman to declare on oath as follows to prevent abuse of criminal process and to save matrimonial homes:                    VERIFICATION

I, Smt. (complete Name) W/o. (Complete name), Age: Occupation:, residing at _______do hereby state on solemn affirmation that the contents of this check list are true and I declare that the above information is true and correct and if found to be not true, I can be penalized by this court as per law applicable for misinforming the court (judicial authority) and/or police officer and treated as my deliberate crime in accordance with u/s. 388, read with Ss. 109 to 114, 120, 120B, 179, 182, 190, 192, 193, 194, 195, 195A, 196, 200, 204, 205, 209, 211, 219, 220, 366, 379, 384, 385, 386, 389, 418, 471, 477, 477A, 498 of the Indian Penal Code (as may be applicable in the circumstances of and in relation to my complaint) and further affirm that nothing material has been hidden. 

        Verified at _ on _ 

         Name of Applicant(Deponent).”

                     Signature(in full) of the woman._________

                      Name in Full of Woman: ”

(And any other information the court may decide to rule out abuse of criminal process by woman without feeling any responsibility towards matrimonial home.)

 IMPORTANT NOTE FROM < xml="true" ns="urn:schemas-microsoft-com:office:smarttags" prefix="st2" namespace="">< xml="true" ns="urn:schemas:contacts" prefix="st1" namespace="">PARIWARIK SURAKSHA: Amongst others, the above procedure should be adopted within the existing law to prevent and identify even attempts to abuse criminal process , is based, upon also the Article Nos. 141 and 144 of the Constitution as well as upon directives of the Supreme Court of India in above mentioned judgments.

drafted by
Sh Sushil Kumar Sharma
Chairman,
PariwarikSuraksha
         Copyright "PariwarikSuraksha,September2006Please inform to use"
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