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Generic Guidelines Document

The Generic Guidelines Document, henceforth referred to as GGD is proprietary material
belonging to Confidare Consultancy LLP ®, the company that runs “Confidare Community Center
for men”, India’s largest community center for victimized and distressed men.
GGD intends to educate its audience about certain generic guidelines which can be followed while
preparing replies/responses/counters/objections/written statements (WS) etc. for various court
cases like Domestic Violence Act, 125 CrPC (Maintenance), Interim Applications under 91
CrPC, Section 24 Hindu Marriage Act – Interim maintenance, Divorce, RCR, child custody
etc.
While, the general recommendation by Confidare stands at a minimum legal engagement,
keeping it to defensive litigation, there can be scenarios wherein certain advice can be given to
initiate a litigation. Keeping line with the same, GGD would mostly focus on guidelines for
submitting replies to various different kinds of petitions.
Also, it is understandable that each case is unique and facts do vary, however, Confidare’s
experts’ experience of handling thousands of cases also reveals an underlying pattern in most of
these cases. And as such, these guidelines should serve good in a vast majority of cases, barring
a handful of exceptions.
Suffice it to mention it here that readers are advised discretion in using these guidelines on an
“as-is basis” for their cases. Readers are also advised to read the guidelines as an understanding
rather than a shortcut to preparing responses for their cases.
These guidelines should not be confused to be used as a template document for preparing
counters.
The onus of preparing an effective counter belies with the user and Confidare or its experts cannot
be held responsible or accountable for any outcomes that may arise due to consumption of these
guidelines.

Confidare is a community center for victimized and distressed men who can avail guidance and
coaching for the crisis situation in their life by taking membership with Confidare. For details
about membership fees and benefits, visit www.confidareindia.com
 Confidare Community Center
Mobile: 9008302822 / 9810742561
Topics:
1. Restitution of Conjugal Rights (RCR), Section 9, Hindu Marriage Act. (Response)
2. Divorce under cruelty and desertion, Section 13 (1) a, Hindu Marriage Act (HMA).
(Response)
3. Maintenance Section 24 HMA, Section 125 CrPC - Interim and main. (Response)
4. Domestic Violence Act – Interim maintenance, Right to Residence, Compensation.
(Response)
5. Interim application under section 91 CrPC seeking salary details from employer
(Response)
6. Child Custody and visitation petition (Original Petition, filed from our side)
7. Conclusion

Confidare is a community center for victimized and distressed men who can avail guidance and
coaching for the crisis situation in their life by taking membership with Confidare. For details
about membership fees and benefits, visit www.confidareindia.com
 Confidare Community Center
Mobile: 9008302822 / 9810742561
Restitution of Conjugal Rights (RCR), Section 9, Hindu Marriage Act.
(Response)
It has been a general observation that most women file for RCR not with an intent to rejoin their
husbands following a separation, but to provoke the husband into taking a legal stand that he
does not want to cohabit with her and thus ease the divorce proceedings in favor of her.
Also, even though she files an RCR and expresses an intent to rejoin with the husband, the
petition is full of allegations of torture and harassment and at times, even dowry demands are
mentioned irrespective of the actual facts of the case. Also, misdeeds by wife are obviously not
mentioned.
Keeping in mind this background, following are the guidelines,
1. If there are allegations of physical and/or mental harassment and also dowry demands,
then get ready for a false dowry case under section 498A and have a criminal lawyer by
your side.
2. Expose wife’s perfidy by writing about her actual behavior towards you and your family
and highlight any incident of abuse.
3. Challenge wife’s intent to rejoin you when she has levelled serious allegations against
you.
4. She will portray you as a bad, uncaring husband and would project that as the reason for
separation and would normally ask for counseling to “improve” your behavior. Expose her
by revealing the real reason of separation as per your case facts.
5. Challenge any monetary claims by wife by revealing her educational qualifications, past
work experience and salary (if any). You need not prove it compulsorily. If you have proof
of employment, well and good, otherwise you can always say you knew she was earning
this much and put an application under Section 151, Civil Procedure Code to ask her
employer to provide info.
6. Additionally, you can highlight the contradiction that on one hand, she wants to stay with
you, while on the other hand, she is asking money from you and use this to establish the
fact that she approached the court with unclean hands and oblique motive.
7. Never say, you don’t want to stay with her in a direct manner. Raise doubts on her
allegations, deny them and subject them to strict proof and say that, “Until, these
allegations are cleared, you are not in a position to take a decision and if her allegations
are false, her petition should be dismissed.”
PS: Remember, in RCR cases, the courts can only give a direction to cohabit, they cannot
enforce you to do so.

Confidare is a community center for victimized and distressed men who can avail guidance and
coaching for the crisis situation in their life by taking membership with Confidare. For details
about membership fees and benefits, visit www.confidareindia.com
 Confidare Community Center
Mobile: 9008302822 / 9810742561
Divorce under cruelty and desertion, Section 13 (1) a, Hindu Marriage
Act. (Response)
Slowly and steadily, the trend of wives filing for divorce under cruelty is increasing. Often these
allegations are false and are laced with the standard harassment template of dowry based
allegations. Also, there are compensation demands, and additionally, we stand the risk of Section
24 (Interim maintenance). Also, the ground laid down for desertion is alleged cruelty against you.
Hence, following are the guidelines for preparing response for a divorce case filed by wife against
you based on cruelty and desertion.
1. Controvert and challenge all her allegations about cruelty, alleged dowry demands and
subject them to strict proof.
2. Deny granting divorce to her based on her alleged cruelty. If you do not do so, divorce will
be granted and it will become an established fact that you were cruel in the marriage and
this will hamper your overall legal positioning.
3. You can however choose to maintain silence in your absolute stand as to whether you
want to divorce her or not.
4. If you are already facing some other cases like dowry case, domestic violence case,
maintenance case etc., then you can also say till the time those cases aren’t decided you
cannot take the decision of divorce.
5. If there are kids involved in the marriage then you can also put a point that till the time the
terms and conditions for custody and visitation of children are not decided, you cannot
take the decision of divorce.
6. Challenge any monetary claims by wife by revealing her educational qualifications, past
work experience and salary (if any). You need not prove it compulsorily. If you have proof
of employment, well and good, otherwise you can always say you knew she was earning
this much and put an application under Section 151, Civil Procedure Code to ask her
employer to provide info.
7. Also, do not forget to highlight the instances of cruelty and abuse you have been subjected
to, at the hands of your wife and which she has not mentioned in the petition filed against
you.
PS: Remember, it’s a contested divorce case and it won’t be easy for courts to give divorce
to wife, if you object to it.

Confidare is a community center for victimized and distressed men who can avail guidance and
coaching for the crisis situation in their life by taking membership with Confidare. For details
about membership fees and benefits, visit www.confidareindia.com
 Confidare Community Center
Mobile: 9008302822 / 9810742561
Maintenance Section 24 HMA, Section 125 CrPC - Interim and main.
(Response)
It needs to be understood that the main intention in the response to a Section 125 CrPC petition
or Section 24 HMA petition, is to avoid maintenance being granted to her or even if it’s get
awarded, it should not be too high.
Hence, keeping this background in mind, following are the guidelines for 125 CrPC/Sec 24 petition
response,
1. Highlight her educational qualifications, past work experience and salary (if any). You
need not prove it compulsorily. If you have proof of employment, well and good, otherwise
you can always say you knew she was earning this much and put an application under
Section 91, Criminal Procedure Code (CrPC) to ask her employer to provide info. This info
needs to be provided at the beginning of the petition.
2. For Section 24, instead of 91 CrPC, Section 151 Civil Procedure Code (CPC) would apply.
3. If she has any income from any other sources known to you like income from rent or from
some investments, do mention about it.
4. If she has parental property income, do mention about it.
5. If she does not have any independent income or past history of it, then all the best to you.
On a more serious note, it’s tough to prevent a high order of maintenance in such a case.
6. Once you are done with her financials, you can then continue to deny the allegations
against you.
7. Also, do not forget to mention the treatment she meted out to you.
8. Often wives exaggerate the income of the husband in order to gain sympathy of court to
get a higher order of maintenance. In such a case, that claim needs to be controverted
with facts. If there’s a huge difference between what she’s claiming and what you actually
earn, feel free to submit your salary slip proactively.
9. Also, do not forget to mention the financial responsibilities on you like any impending
education/marriage/personal loans, dependent parents, household expenses and if your
case is in a different city/town, then you can also mention travel expenses related to case.
Also, add litigation expenses since it’s the wife who has filed cases and you are being
forced to pay money to your lawyer owing to that. The more specific details you can give,
the better it is.
10. If your wife has willfully deserted you, it needs to be mentioned in the response that she
stepped out of your company on her own volition and you have not driven her out.
PS: Please remember, the actual fight is in during the passing of interim maintenance. So
any crucial info which can help you get an order in your favor, use it early on, during the
interim maintenance discussion. Do not wait for trial to begin.

Confidare is a community center for victimized and distressed men who can avail guidance and
coaching for the crisis situation in their life by taking membership with Confidare. For details
about membership fees and benefits, visit www.confidareindia.com
 Confidare Community Center
Mobile: 9008302822 / 9810742561
Domestic Violence Act – Interim maintenance, Right to Residence,
Compensation. (Response)
This is one of the most dangerous gender law passed in recent times against men. It’s vaguely
drafted and that spells trouble for men. There is very little scope for a man to win a Domestic
Violence case because after marriage, literally every action of his can be deemed as violence if
his wife ‘feels’ so. What this means, is that it is generally tough to prevent an order of relief to be
passed against you.
The various reliefs that can be sought are:
a. Interim and final monthly maintenance (in addition to 125 CrPC).
b. Residence orders at the matrimonial home if it is owned by husband or an alternate
accommodation if the matrimonial home was a rented house or ancestral property.
c. One time compensation ranging from a few thousands to a few lacs.
d. Restraining order against you meeting your own children, operating your own bank
accounts or liquidating your own property (though it happens rarely, yet the risk is there).
e. Order to book you in a 498A case via the DV case.
Keeping in mind the above background, the following are the guidelines for drafting a response
for DV Act:
1. Deny all financial reliefs by mentioning her educational qualifications, past work
experience and salary (if any). You need not prove it compulsorily. If you have proof of
employment, well and good, otherwise you can always say you knew she was earning this
much and put an application under Section 91, Criminal Procedure Code (CrPC) to ask
her employer to provide info. This info needs to be provided at the beginning of the petition.
2. Challenge all allegations of violence and torture against you and subject them to strict
proofs.
3. Expose wife’s perfidy by writing about her actual behavior towards you and your family
and highlight any incident of abuse.
4. In case you own a house and that also happens to be the matrimonial home then it
becomes tough to challenge a claim for an order for right to residence by wife.
5. If she’s working or highly qualified then her claim for right to residence or alternate
accommodation can be countered with the plea that she will be getting House Rent
Allowance in her salary.
6. The crucial requirement is to prevent financial orders and for that it is important to highlight
the financial security of wife, deny allegations of abuse and expose her true nature in front
of the court.
7. If she has asked for orders restraining you from visiting children, then the same needs to
be countered saying none of the allegations are still proven and that as a father, you have
a constitutional and biological right to spend time with kids and hence such an order would
be against principles of natural justice.

Confidare is a community center for victimized and distressed men who can avail guidance and
coaching for the crisis situation in their life by taking membership with Confidare. For details
about membership fees and benefits, visit www.confidareindia.com
 Confidare Community Center
Mobile: 9008302822 / 9810742561
Interim application under section 91 CrPC seeking salary details from
employer (Response)
As the hidden underlying motive behind matrimonial litigation is to extract money from husband,
the key fight revolves around interim maintenance and compensation orders. For the same, often
husbands are faced with interim applications under section 91 CrPC wherein the court is
requested to order the employer of the husband to provide his salary details. Moreover, the courts
also facilitate this behavior.
It is also important to understand that once such an order is passed, it becomes incumbent upon
your employer to provide such information and no employer will violate a court order.
Hence, keeping in mind the above points, the following guidelines can be followed while
responding to a 91 CrPC petition seeking salary details from employer.
1. As you anyways cannot hide your salary otherwise, it’s better to declare it upfront in the
court.
2. Often in such applications, wife says that passing such an order would not cause any harm
to the husband but if the order is not passed, she would be in deep trouble. This point
needs to be countered saying it has the potential to endanger your employment and it can
also cause trouble in paying maintenance in case an order is passed.
3. Also challenge the petition saying she has not been able to prove any of her allegations
of abuse; instead she is only after your money and hence this application needs to be
dismissed.

Confidare is a community center for victimized and distressed men who can avail guidance and
coaching for the crisis situation in their life by taking membership with Confidare. For details
about membership fees and benefits, visit www.confidareindia.com
 Confidare Community Center
Mobile: 9008302822 / 9810742561
Child Custody and visitation petition (Original Petition, filed from our
side)
As this petition is mostly filed by fathers, since mothers keep the children with them, this petition
will be a proactive petition from men’s side. Typically, it’s a case filed for seeking custody of kids
under the “Guardians & Wards Act, 1890” and in the same we ask for an interim order of
visitation.
Given the bias against fathers that exists in the system it’s almost next to impossible to get custody
of kids and very tough to get visitation. However, if someone wants to try out, following are the
guidelines.
1. First of all it is important to mention the duration of separation between you and your kids.
2. Highlight all attempts that you made to establish contact with your kids and also if your
wife did not co-operate with you during that time.
3. There are many cases, wherein the wife deliberately abuses the kids in order to inflict
emotional pain to their husbands. Such incidents must be mentioned with details that the
mother is incapable of taking care of kids and the kids need a father.
4. Psychological effects of “Parental Alienation Syndrome” must be highlighted.
5. Effects of fatherless upbringing of children should be mentioned like the kids being prone
to commit more crime, substance abuse, likely to grow up with less confidence etc.
6. The natural right of the father to spend time with the kids must be emphasized. The father
also has a right to influence key decisions in child’s life and build a sustainable parent-
child relationship.
7. If the mother is using the kid as a pawn in the marital dispute and a commute for ego-trip,
then the same needs to be highlighted and also that in this process, it’s the kid who’s
suffering.
8. Potential dangers of the kid being brainwashed against the father must be highlighted.
PS: Howsoever strong petition we make, ultimately it needs to be remembered that law lies
in the mind of the judge.

Confidare is a community center for victimized and distressed men who can avail guidance and
coaching for the crisis situation in their life by taking membership with Confidare. For details
about membership fees and benefits, visit www.confidareindia.com
 Confidare Community Center
Mobile: 9008302822 / 9810742561
Conclusion
These guidelines are generally prepared with an idea to educate people on how to write effective
counters in cases. However, that’s just a small step in the overall contest of the case. But as it is
a written document which forms an integral part of the case documents even into appeals and
above, it is crucial and important to take care while preparing the counter.

Confidare is a community center for victimized and distressed men who can avail guidance and
coaching for the crisis situation in their life by taking membership with Confidare. For details
about membership fees and benefits, visit www.confidareindia.com