LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Juned A Harrased (Learner)     27 December 2014

Prima facie allegations

Sr. Counsel of LCI

When petitioner in her petition make prima facie allegations on respondents, I cant understand the meaning of prima facie? Does it mean that allegations are only face value or reason to believe?

Can Respondent use in his WS as Petitioner's allegations are prima facie and false they do not disclose

1.     On plain reading of petition, Petitioner No. 1 apparently made falsely and prima facie allegations against Respondent No. 1 to 7. At the very first we denied in toto that all allegations are false and fake. Petitioner No. 1 is just taking disadvantage of Law. Making allegation on Respondent No. 1 to 7 by Petitioner No. 1 is her imaginary copy and paste paper work. All allegations made by Petitioner No. 1 are dubious; neither have they had any root nor top. They cannot proved before the court nor survive on the test of truth and law. Each and every incident was mentioned by Petitioner No. 1 is mind game of to draft it. They also will not survive on the test of when and where took such incident occurred. Neither had they mentioned any name of witness. All malicious and prejudiced allegations of Petitioner No. 1 are only to harass Respondents for mentally, physically and monetary.

PRAY to Court -  May kindly be not allowed Petitioner No. 1’s application seeking relief in the matter of Domestic Violence Act, under section 23 for interim maintenance since application is prima facie that does not disclose that respondents are committing or has committed or there is likelihood that respondents may commit an act of domestic violence.  And may kindly be not allowed any other relief in the matter of Domestic Violence Act.



Learning

 1 Replies

Hardeep (Business)     27 December 2014

To my mind, the WS is wrongly made - prima facie means " on the face of it / at first sight " and before closer inspection .

 

Assuming that you are denying the Plaintiff's allegations, right drafting should be  " The prima facie allegations made by the plaintiff are false and strongly  denied. At the outset we state that all the allegations are false and are denied in toto.  Petitioner No. 1 is just taking advantage ( NOT disadvantage !! ) of Law....

 

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.For DIRECT contact with me / my friends and more law related informations / queries visit https://getjoy.in/r/q


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register