Pariwarik Suraksha (Regd.) Ph. 9311816780, 9312800559
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CHECK LIST
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 use block letters. To be submitted in One
Original and 2extra attested true photocopies for court and police records. plus additional true copies 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-ŕ-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:
Under Existing Law – 1.
Name of woman (in Full) :
2.
Daughter of (if mentally
considering herself to be unmarried) or Wife
of: 3.
Date of Birth: 4. Occupation within last
3years: 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. Is there any proof of
divorce with previous husband, if any, before being married to present husband
or has the man/previous husband 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 “Living Together 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 or left your home To return to your parental
home/relations/friends: Give Details. 15.
Are you
living with any man as a “living 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
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.
Will you compromise by
withdrawing sec. 498a IPC complaint, by receiving any desired amount and mutual
divorce from husband. And require amounts from husband
and his relatives
for withdrawing the cases u/s. 498A IPC etc.? Give details clearly herein
including what amount you need: 24.
Are you residing with
your parents and brothers or with any other relative or friend? Give full details. 25.
Have you ever you 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? 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, 182, 192,
193, 194, 195, 195A, 196, 200, 204, 205, 209, 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
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