IN THE COURT OF FIRST ADL JUDICIAL FIRST CLASS MAGITRATY AT

KADAPA
D.V.C.No. 23/2018
D.Eswaramma … Complainant
Vs.
1. D.Narasimha Reddy
2. D.Adi Lakshmi … Respondents

COUNTER FILED ON BEHALF OF THE RESPONDENTS 1 AND 2

1. The complainant is unjust and not maintainable either in law
or on facts.

2. The complainant is put to strict proof on all the allegations

made in complaint which are not expressly admitted here in by these
Respondents.
3. The complainant is claiming Rs. 5,000/- towards the alleged
physical and mental torture. The complainant is claiming Rs. 3,000/-
towards household expenses and Rs.2,000/- to other expenses in total
Rs. 10,000/- per month from the respondents. The complainant is not an
ordinary woman. But she is very very intelligent and cunning women
interested to enjoy the fun by making the respondents run from one
court to other court in the name of maintenance, domestic violence etc
by causing physical and mental torture to the respondents. The
complainant is getting the monthly income of Rs. 51,000/- from
agriculture, Kirana business, Liquor business and commission business.
4. The respondents did not commit any domestic violence
against the complainant at any point of time. The complainant did not
live jointly with the respondents at door No. 12/1342-H-1 house in
Chalamareddipalle, Kadapa city. The complainant in the petition dated
21-08-2017 submitted to the Principal District Judge stated that the
complainant is residing at Kondappagaripale Village in Chakrayapeta
Mandal, Kadapa District. The respondents are residing at door No.
2/1342-H house at Chalamareddipalle near Cheinnachouk city. So there is
no question of causing domestic violence on the complainant by the
respondents since the complainant is residing in Kondappagaripalle in
 :: 2 ::
Chakrayapeta Mandal and not at all residing in Kadapa city along with
respondents.
5. The complainant and her husband Obul Reddy partitioned
their property during October 2017 among their three sons and that
complainant and her husband taking Landat Pedda Bavi and Satramkada
land. The husband of the complainant died on 24Th February 2018. The
petitioner inherited Satramkada land Pedda Bavi land extent Acs 1-00
and there is registered sale deed of 1998 in favour of the complaint for
the land of Extent Acs 1-00 at their residential village Kondappagaripalle
having bore wall and with current motor. The complainant is raising
ground muts crop, tomato and other Vegatables crops in that land and
getting Rs.60,000/- for three months by the end of those crops. The
complainant is getting oldage Pension of Rs.1000/- per month. The
complainant is having Kirana shop in Kondappagaripalle village and
selling Rice, cool drinks, Kirana items, liquor, Arrack sweets, Dose, Vada
etc intems and also selling Anganwadi teacher Savitri supplied items milk,
milk powder, rice, Kandi Bedalu, Eggs, for commission and getting the
commission from that Anganwadi teacher for selling her products.
The is come of the complainant per month as follows:
1. From Agriculture per month Rs. 20,000/-
2. Kirana and other relative
Business per month Rs. 30,000/-
3. Old age pension per month Rs. 1,000/-
-----------------
Monthly income Rs. 51,000/-
------------------
6. The complainant is having three sons named 1. D. Obul
Reddy, 2. D. Narasimha Reddy and 3. D. Rama Mohan Reddy and all the
three sons are having sufficient income and leading good life. The
complainant and her husband filed M.C No.4/2016 in Judicial First class
magistrate at Lakkireddipalle against their three sons as mentioned supra
praying the Honourable court to direct the second respondent i.e first
respondent in D.V.C No.23/2018 to pay Rs.10,000/- to both petitioners
for maintenance and Rs.2,000/- for medicines and cloths and further
praying the Honourable court to direct the respondents 1 and 3 to pay
Rs. 4,000/- to the petitioners towards maintenance and Rs.2,000/- for
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medicines and cloths and that M.C No. 4/2016 is pending in that court for
enquiry. The complainant in her petition submitted to P.D.J of Kadapa by
stating that she filed M.C No. 4/2016 in Lakkireddipalle Magistrate court.

7. The complainant filed criminal case C.C No. 101/2015 against

her two sons named D.Narasimha Reddy and Obul Reddy in
Lakkireddipalle First class Magistrate court relating some quarrel at their
native village Kondappagaripalle by deposing that she is residing at
Kondappagaripalle in Chakrayapeta Mandal. The Honourable magistrate
of First class of Lakkireddipalle acquitted the accused in C.C No.101/2015
about 6 months ago. The complainant is in the habit of filing false
petitions before the courts for abusing the process of the court for
wasting valuable time of the Honourable court.

8. The respondents did not necked out the complainant form

their house since the complainant did not live with the respondents. The
complainant never asked the respondents for amounts for maintenance
and cloths since the complainant is well of and that the complainant is
having sufficient cash in hand and a also earning large amounts earned
from agriculture and Kirana business. The respondents never ill-treated
the complainant and that they have great respect to the complainant.
They never abused the complainant as alleged in her affidavit. The
complainant falsely stated in here affidavit that she is residing in Kadapa
city even though she in residing in Kondappagaripalle. The allegations
made in the affidavit as well in the petition dated 21-08-2017 are totally
false meant for filing this false D.V.C No.23/2018 against the
respondents. The M.R.O of Kadapa did not grant H.S No.1817/1404 to the
complainant for 0.03 cents during 1999 year. The H.S No. 1817/1404
certificate filed by the complainant is a false and forged certificate and
that complainant did not construct any small house in that alleged site at
any point of time in Kadapa city. The respondents did not necked out the
complainant from that alleged small house and never scolded the
complainant as alleged in her petition and affidavit since the complainant
had no small house at Kadapa city and that complainant has permanent
residential house at Kondappagaripalle village in Chakrayapeta Mandal.

9. The second respondent got D.K.T form for 0.03 eats in

S.No.392 in Chinnachouk Village fields on 11-04-2003 from M.R.O of
Kadapa. The second respondent constructed her house with cement
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sheets during 2003 year. The second respondent got loan of three lakhs
from Kadapa Citizens Cooperation House Building society L.T.D on 26-09-
2011 for construction of house, with Kitchen, bed room, Veranda with
R.C.C roofing and upstairs with two rooms by spending another Rs.18
lakhs in addition to House building society loan of Rs. 3 lakhs. In total the
respondents spent Rs.21 lakhs for that house even with borrowed
amounts. The second respondent got pass book showing the payments of
installments towards that loan. The Kadapa Municipal Corporation
allotted door No.37/1396 with assessment No. 10130 in the name of the
second respondent and paid property tax on 12-01-2011 and demand
notices are issued in the in the name of the second respondent for 2012-
2013 and 2013 to 2014 and present years in the name of the second
respondent for the house bearing door No.37/1396 situated at Tilak
Nagar in Kadapa city. The second respondent got water tap for that
house under the proceedings dated 10-06-2014 for that house.

10. The complainant filed this false D.V.C No. 23/2018 in order to
harass the respondents for making wrongful gain of large amount from
the respondents for causing hardship and loss to the respondents. The
complainant is not entitled for any amount as prayed for in D.V.C
No.23/2018. The complainant is having large amount of income and that
she does not require any maintenance from the respondents. There are
no merits in this complaint. The complaint is liable to be dismissed with
costs.

11. Prayer: Therefore the respondents pray that Honourable court

may be pleased to dismiss this complaint with costs in the interest of
Justice.

The above stated facts are verified and those facts are true and
correct to the best of our knowledge, information, and belief and signed
this at Kadapa on 07th Day of June 2018.

Advocate
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List of documents filed on behalf of the respondents:

i. C.C of Deposition of D.Eswaramma in C.C No. 101/2015 on the file

of Judicial magistrate of First class of Lakkireddipalle.
ii. Xerox copy of M.C No. 4/2016 on the file of Judicial Magistrate of
First class at Lakkireddipalle.
iii. Xerox copy of D.K.T Form Namuna dated 11-042003 issued in the
name of second respondent.
iv. Xerox copy partition agreement dated 21-10-2017 relating to
respondents and the husband of the complainant.
v. Xerox copy of pass book of Kadapa Citizens Cooperative House
Building society for paying housing loan of Rs. 3 Lakhs.
vi. Xerox copy of property tax receipt for paying tax to Door No:
37/1396 house by the second respondent.
vii. Xerox copy demand notice dated 15-03-2012 issued in the name of
second respondent for door No. 37/1396 house.
viii. Xerox copy of demand notice dated 01-11-2013 issued in the name
of second respondent for paying property tax to door No.37/1396
house.
ix. Xerox copy of proceeding of Kadapa Municipal Corporation dated
10-06-2014 issued in the name of second respondent for door
No.37/1396 house.

Place : Kadapa Advocate for the

Date : 07-06-2018 Respondents
 IN THE COURT OF FIRST ADL
JUDICIAL FIRST CLASS
MAGITRATY AT KADAPA

D.V.C.No. 23/2018

D.Eswaramma
… Complainant

Vs.

1. D.Narasimha Reddy
2. D.Adi Lakshmi
… Respondents

COUNTER FILED ON BEHALF OF

THE RESPONDENTS 1 AND 2

Filed by:

Sri. K. Venkata Reddy B.Com.,

B.L.,
Advocate for the respondents
Kadapa