IN THE COURT OF _____; LD. PRINCIPAL JUDGE; FAMILY COURTS, NORTH DISTT.

ROHINI COURTS COMPLEX, DELHI

APPLICATION NO:    /20XX

IN

H.M.A. NO.XXXX OF 20XX.

IN THE MATTER OF: -

XXXX                                                                                                                                                               : PETITIONER

VERSUS

XXXX                                                                                                                                                                : RESPONDENT

N.D.O.H.: XX.0X.20XX

APPLICATION U/S 24 OF HINDU MARRIAGE ACT 1955 ON BEHALF OF RESPONDENT XXXX

MOST RESPECTFULLY SHOWETH: -

1.           That the respondent being the legally wedded wife of the petitioner, has shown her love, affection, attachment, and willingness towards the petitioner and his other family members and also maintained the dignity and respect of the family of the petitioner and always fulfilled her marital status/obligations with the petitioner. The respondent was/is having too much love and affection with the petitioner and having so much dream with him but the petitioner has scattered all the dreams of the respondent by filing the false and frivolous petition of divorce. When the respondent tried to pursue and console the petitioner to save his matrimonial relation with the respondent, this was not liked by the petitioner. The respondent and her parents and other relatives made every effort to understand the petitioner for the purpose of saving their matrimonial life but all the efforts had become futile. The respondent was asked to leave by the petitioner's family and forced to stay at her parental home with few clothes. The petitioner did not bring her back nor allowed the respondent to stay in her matrimonial home.

2.           That the Respondent got married to the petitioner on XX.0X.20XX at __________________, according to Hindu Rites, Customs and ceremony with great pomp and show and in the said marriage father of the respondent spent huge amount and all articles are in the custody of the petitioner and in laws.

3.           It is submitted that the respondent met with petitioner in the year 20XX as is cousin brother in respondent’s relation thereafter they both fallen into love and since 20XX they both deeply fallen down in love through physically and emotionally. However, though the respondent was residing in XXXX due to which they met lesser. In the year 20XX, both the families of respondent and petitioner were their relationship when the respondent was just 14 years and from that age, the petitioner sexually, physically abused and made physical relation against the wishes of respondent. It is submitted that despite physically abused, the petitioner always controlled the respondent and treated her like a puppet of his hands and always threatened and pressurized the respondent if, she would leave him, then he commit suicide.

4.           That in the year 20XX, when the respondent and her family shifted to XXX, XX he again came in her touch and they again started to join company of each other in movie, long drive etc. After that, the petitioner started to complainant the respondent for his illegitimate demands like he forced the respondent to go to washroom for sending nude pictures.

5.           That in the year 20XX the respondent’s family shifted to __________  and after this shifting the relationship bond of petitioner and respondent became more stronger. On XX.0X.20XX in night the respondent and petitioner talking with each other on phone and on next day the petitioner said the respondent to come at his house to meet him. Accordingly, on XX.0X.20XX due to love the respondent visited him, where he took the respondent into his room and started to seduce her and he imposed himself on respondent and made physical relations against the wishes of petitioner and made a video of the same.

6.           That after that the petitioner started blackmailing the respondent that if she opposed him or raise voice against him, then he would defame the respondent by disclosing the same to her family and relatives and after the incident of XX.0X.20XX, the petitioner started raising his illegal demands like he compelled the respondent to call while taking bath.

7.           That however, by seeing this kind of behavior of the petitioner, the respondent started to ignore him and tried to part way from him. On XX.0X.20XX the respondent was stayed in her's house and this thing was in the knowledge of the petitioner. Then he called the respondent by assuring her that he would delete her video and photos in front of the respondent and by believing on his version, she went into Parking, then the petitioner forced the respondent and compelled the respondent to sit in the car and he again established physical relations with the respondent forcibly against the wishes of respondent.

8.           That to the utter shock and dismay of the respondent as the petitioner blocked the respondent from facebook, instagram and whatsapp. The respondent's Phupha called the petitioner and asked him whether he wants to marry with the respondent or not on which he flatly refused to marry with the respondent. Being aggrieved, the XXXX of the respondent then talked with the sisters of the petitioner and told them about theseriousness of matter on which they assured him that they would talk in this matter and sought some time of 2-3 days, however, they didn't reply after that.

9.           That on 0X.XX.20XX, the father of the respondent with some of the relatives visited at the house of the petitioner on which they insulted the father of the respondent and relatives and also leveled false allegations on respondent's character in which the mother of the petitioner taunted and insulted the respondent by saying “_______________________'. Not only this they also insulted respondent's father and relatives to go back, otherwise they would call the police.

10.        That after this, the respondent realized that the petitioner has totally used the respondent through her minor age because the family petitioner thereafter started assassination of the character of the respondent in the society and relatives and further she is having fear/apprehension that might be the petitioner viral those photos and video on social media.

11.        That on 0X.0X.20XX the respondent lodged a FIR U/s. 376 IPC vide FIR NO.XXX/20XX, PS XXXX against the petitioner and on that day the respondent was medically examined and on next day her statement got recorded U/s. 164 Cr.P.C, where stated that she was physically abused by petitioner, when she was minor. When the family of the petitioner came to know about the registration of the said FIR/case, on which the family of the petitioner started pressuring the respondent's family members to get marry with the petitioner. Thereafter, the respondent's parents under the pressure of society and relatives, finalized respondent's marriage with the petitioner.

12.        That it is pertinent to mention here that the petitioner and his family members have hatched up conspiracy and in preplanned manner they approached for the marriage as their sole motive is just to quash the said FIR lodged against the petitioner. This thing clearly shown by the petitioner as after fixing of marriage and after marriage also, the petitioner started to neglect the respondent and avoid her and didn't talk positively.

13.        That after fixing of the said marriage, the petitioner called the respondent at the police station for changing of her statement before the I.O., but she refused for the same because marriage she didn't want to do any kind of thing which affected her adversely.

14.        That since XX.0X.20XX the petitioner started to talk with the respondent. On XX.0X.20XX the engagement was performed. On XX.XX.20XX the marriage was solemnized as mentioned above.

15.        That after marriage the petitioner and his family took all gold and silver jewellery of respondent from her and the same are still in their illegal possession. On the very first day of the marriage, the brother in law of the respondent taunted the respondent by saying “Tushar to iss ladki se shadi karke fas gaya, yeh ladki to characterless  hai aur saath mai kuch bhi dahej nahi le karaayi” on this the petitioner's sisters said that 'FIR quashed hote hi, ise iske bhikhari baap ke paas wapas bhej dena, our hum apne bhai ki dusri shadi kara denge kisi bade  harane se'.  On XX.XX.20XX in night time the respondent was shocked to know that the petitioner is using inhaler, however she ignored this thing totally. On XX.XX.20XX the petitioner's advocate called him and the respondent at police station, she was too much tired for which she said the petitioner for visiting on some other day, but the petitioner told this thing to his parents on which the parents of the petitioner came in the room with the petitioner and said the respondent 'hum tujhe jaan se maar dente, agar tu yeh FIR wapas nahi legi to' on which the petitioner also slapped the respondent very tightly and after that the petitioner said the respondent to visit at the police station and accordingly in compelling circumstances she visited at the police station. When the respondent was going to police station in the way the petitioner said to the respondent that “yeh shaadi agar tujhe thik se chalani hai to, jald se jald FIR quash kara de aur wahi karti rah jaise mere advocate tujhe bole”. On XX.0X.20XX at outside the police-station XXX, the petitioner's Advocate had given instructions to the respondent, which the subject was mentioned as “statement in respect of FIR NO.0000/00”. The respondent asked the petitioner about the same on which he said the respondent to visit to IO with that letter, on which when she visited the I.O., the IO told the respondent that this letter is in respect of change of statement for quashing of FIR. On that time, the I.O. mentally and emotionally tortured the respondent a lot, even threatened her that if she want to save her marriage then she will have to do this, otherwise the petitioner would be send to Jail and left behind the bars forever and IO further threatened that if the respondent didn't give/write this, then the petitioner would send to Jail Under POCSO ACT and under pressure for sake of respondent's marriage, she give the statement. On this statement I.O directed the respondent for not mentioning the date and he filed the same by mentioning the previous date on it, at that moment the petitioner and his advocate was present before the I.O. It is pertinent to mention here that I0 also recorded the separate statement of the respondent in which it was written that she is willing to provide site plan of her matrimonial home.

16.        That after giving the said statement in the police station, the behavior of the petitioner and his family members changed drastically and became so rude and cruel towards the respondent.

17.        That being compelled the respondent has lodged a written complaint before CAW Cell. However, no action has been taken so far in this regard. That the respondent has also filed the case under Section 125 of Cr.P.C vide maintenance petition, (MT) No. XX/20XX and same is pending before the Ld. Family Court, Rohini, Delhi and also filed Domestic Violence Complaint before the Ld. M.M., Rohini Courts, Delhi against the petitioner and same is pending for adjudication.

18.        That all the belongings and jewellery of the respondent is still with the petitioner and his family members.

19.        That the petitioner is a man of means and is a business man and runs his own company under the name and style of “_________________ and earning Rs.00 Lakhs approx. per month despite that he is neglecting the respondent to maintain.

20.        That it is only resulting out of the said factum of the petitioner being involved with various women, the petitioner has chosen to send the said Notice forcing the Respondent to divorce the petitioner, as the petitioner has anyway completely deserted the Respondent, and now wants to end any and all (legal) ties with the Respondent in order to enjoy his life (committing immoral and unlawful acts) with other women.

21.        That the Respondent has been forced to live a life full of misery and cruelty resulting from acts being committed by the petitioner and his parents.

REPLY ON MERITS: -

1.           That the contents of para 1 of the petition are admitted and matter of record.

2.           That the contents of the Para no. 2 of the petition are admitted to the extent that the petitioner and respondent got married at _________________________________ however it is vehemently denied that the expenses were paid by the petitioner and his family members. It is further contended & denied that the expenses of the marriage of the petitioner and respondent were borne by the petitioner and his family.

3.           That the contents of the Para no.3 of the petition are matter of record and hence need no reply.

4.           That the contents of the Para no.4 of the petition are admitted to the extent that the respondent was a distant relative of the petitioner however it is denied that the respondent used to visit in the neighborhood and thus became well acquainted with the petitioner and his family. It is further submitted that the petitioner and respondent were in relationship before the marriage and petitioner used to persuade the respondent to go with him different place and spend quality times with him.

5.           That the contents of the Para no.5 of the petition are wrong and denied in toto. It is specifically denied that the respondent proposed the petitioner for the marriage alliance. However it is submitted that the petitioner has made false promises and lured the respondent for doing marriage in future and taking the respondent in believe, the petitioner made physical relation with the respondent. It is further submitted that when respondent asked to petitioner to marry her, the petitioner denied for marriage. It is further denied that the respondent approached the police station to file the false case and lodge false FIR against the petitioner, however it is submitted that when the respondent asked the petitioner to marry her, the petitioner vehemently denied for marrying her and thereafter the respondent was constrained to lodge FIR bearing no. XX/20XX dated 0X.0X.20XX U/s 376 IPC, P.S:

6.           That the contents of the Para no.6 of the petition are wrong and vehemently denied in toto. It is denied that after the registration of FIR the respondent visited the house of the petitioner on multiple occasions and persuaded the family of the petitioner for marriage and respondent and parents of the petitioner considering that the respondent also belongs to same caste and community agreed for marriage of petitioner and respondent.  However it is submitted that the marriage was solemnized with the consent of both the parties i.e. petitioner and respondent.

7.           That the contents of the Para no.7 of the petition is admitted to the extent that the petitioner and respondent were married on XX.0X.20XX at __________________ as per the Hindu Rites and Customs, however it is vehemently denied that the entire expenses of the marriage was borne by the father of the petitioner. It is further submitted that the father of the petitioner has asked to arrange the marriage function at their desired place in a lavish manner as per their standard and he forced the father of the respondent to expend a huge amount in the marriage function.

8.           That the contents of the Para no.8 of the petition are totally wrong and denied. It is vehemently denied that the respondent’s father took a sum of Rs. XXXX/- from the Petitioner’s father for expenses of their side and towards the gifts to be presented to the newlyweds. However, it is submitted that the father of the petitioner has asked for 5 lacs as dowry demand from the father of the respondent and the same has been fulfilled by him for the sake of happiness of the respondent.

9.           That the contents of the Para no.9 of the petition is admitted to the extent that after the marriage the petitioner took the respondent to her matrimonial home at ________, however it is vehemently denied that the behavior of the respondent remain normal for few days but her behavior deteriorated only after one month. It is further denied that then respondent started abusing and humiliating the petitioner and his parents. However it is submitted that the petitioner has married the respondent to set himself free from the clutches of the FIR registered against him by the respondent under relevant sections of IPC as well as POCSO Act. It is further submitted that the respondent was beaten, tortured, and harassed physically as well as mentally in her matrimonial home and subsequently the respondent was thrown out of the matrimonial house when the petitioner was granted interim bail by the Hon’ble Court in the said FIR case registered against the petitioner.

10.        That content of the Para no.10 of the petition is wrong and vehemently denied in toto. It is specifically denied that in xxxx, 20XX the respondent started asking the petitioner for the FDR of rupees twenty lakhs in her name stating that she feels unsecure and it is further denied that a security of rupees twenty lakhs was given to the respondent.

11.        That the contents of the Para no. 11 of the petition are wrong and denied in toto. It is vehemently denied that the respondent stopped establishing physical relations with the petitioner despite advances made by the petitioner on multiple occasions saying that unless the petitioner arranges an FDR of Rupees Twenty Lakhs in respondent’s name. It is further denied that the respondent would not permit the petitioner to touch her. However it is submitted that whenever the respondent tried to develop the physical relations with the petitioner, he would simply refuse to the respondent stating that now he doesn’t feel pleasure with the respondent as he would have before marriage.

12.        That the contents of the Para no.12 of the petition are completely wrong and denied. It is categorically denied that the respondent left the society of the petitioner and went to her parental house and declined to cooperate in petition U/s 482 Cr.P.C filed by the petitioner for quashing of the FIR bearing no. 00/0000. However it is submitted that the respondent was forced to leave the matrimonial home and subsequently the respondent was thrown out of the matrimonial house when the petitioner was granted interim bail by the Hon’ble Court in the said FIR case registered against the petitioner. It is further denied that the respondent has declined the settlement between the parties.

13.        That the contents of the para no.13 of the petition are wrong and denied in toto. It is denied that the respondent started sending messages to the petitioner to settle the matter with him or as to face the dire consequences. It is further denied that the respondent filed false criminal complaint before CAW Cell XXXX and also filed a case U/s 12 of PWDV Act pending in the Hon’ble Court of XX, Ld. MM, District North, Rohini Court Complex, Delhi. However it is submitted that due to the atrocities, physical abuse and humiliation on the respondent by petitioner and his family members the respondent was constrained to file legit criminal complaint before the CAW Cell ___________, against the petitioner and his family members and consequently filed a case u/s 12 of PWDV Act.

14.        That the contents of the para no.14 of the petition are wrong and denied in toto. It is vehemently denied that several meetings took place between the petitioner and respondent for settlement but the respondent is now demanding sum of Rs. 00,00,000/- for cohabiting with the petitioner. However it is submitted that the petitioner has thrown out the respondent out of her matrimonial home and now he is falsely trying to defame the respondent and malign the character and image of the respondent. It is further submitted that respondent hasn’t asked for a single penny from the petitioner, instead the respondent want to reside with the petitioner and want to lead a happy and peaceful married life but the petitioner has no such intentions and want to get rid of the respondent.

15.        That the contents of the Para no.15 of the petition are wrong and denied to the extent that the petitioner has been treated with utmost cruelty by the respondent. However, it is submitted that the petitioner wants to take the advantage of his own wrong therefore he has concocted his false and frivolous story on which he has file the present divorce petition to take the divorce from the respondent. It is further submitted that respondent was beaten, tortured, and harassed physically as well as mentally in her matrimonial home due to which the life of the respondent has become a hell.

16.        That the contents of the Para no.16 of the petition are wrong and denied in toto. However it is submitted that the respondent wants to reside with the petitioner and want to lead a happy and peaceful married life with petitioner along with the family members of the petitioner at the matrimonial home but the intentions and actions of the petitioner and his family members are not same and the petitioner wants to dissolve this marriage without having any cogent ground.

17.        That the contents of the Para no.17 of the petition are wrong and denied in toto. It is specifically denied that during the proceedings of at CAW Cell the respondent has retreated her demand for Rupees XXX. It is further denied that failing with fulfilling the demand the respondent became adamant for registration of FIR against the petitioner and his family members.

18.        That the contents of the Para no.18 of the petition are admitted to the extent that the respondent has filed a list of istridhan articles however it is vehemently denied that the respondent has highly exaggerated and has claimed jewellery, it is further denied that the respondent has already possession of jewellery. It is further denied that the respondent nowhere mention that her father was given Rs. 0,00,000/- by the petitioner’s father for purchase of goods and for expenses at the time of marriage. It is submitted that the list of the istridhan articles claimed are legit and true, none of the item that is claimed lies with the respondent. Everything claimed as the istridhan articles in the concerned complaint are in the possession of the petitioner. Further, it is submitted that not even a single penny has been asked by the respondent or by her family from the petitioner or his family for any purpose. Further the petitioner is under the boundation to proof the said transaction along with evidence.

19.        That the contents of the para no. 19 of the petition are true and correct.

20.        That the contents of para no. 20 of the petition are false and denied.

21.        That the contents of the para no.21 are matter of record and hence need no reply.

22.        That the contents of the para no. 22 are wrong and denied. It is stated that there is no legal ground to admit the present petition hence the same is liable to be dismiss.

23.        That the contents of the para no.23 are matter of record and hence need no reply.

24.        That the contents of para no. 24 are wrong and denied. It is specifically denied that the cause of action to file the present petition arose on each and every occasion, as enumerated in the present petition, when the petitioner was treated with cruelty by the respondent.

25.        That the contents of para no. 25 is a matter of record and hence need no reply.

Prayer clause of the petition along with its sub paras are absolutely wrong and specifically denied. The petitioner is not entitled for any relief claimed for.

P R A Y E R

          In the fact and circumstances herein above, the petitioner is not entitled for any relief as claimed, it is therefore, most respectfully prayed that the petition of the petitioner may kindly be dismissed with heavy costs, in the interest of justice.

Pass such other and further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

DELHI                                                                                                                                                           RESPONDENT

THROUGH

DATED

                                                                                                                 XXXXX & ASSOCIATES

                                                                                                                     Office - XXXXXXXX

                                                                                                                                                               Mob - XXXXXXX

                                                                                                                       Mail - XXXXXXXXXXXXXXX

VERIFICATION: -

          I, above named respondent states on solemn affirmation that the contents of paras No.1 to 25 of the reply on merits of the written statement are true and paras No.1 to ……of preliminary objections / submissions are correct as per information received and believed to be true, last para is prayer to this Hon'ble Court. Verified at Delhi on this ___ day of … 20XX.

RESPONDENT

IN THE COURT OF SH. SANJAY JINDAL; LD. PRINCIPAL JUDGE; FAMILY COURTS, NORTH DISTT.

ROHINI COURTS COMPLEX, DELHI.

H.M.A. NO. XXXX OF 20XX.

IN THE MATTER OF: -

XXXX                                                                                                                                                                : PETITIONER

VERSUS

XXXX                                                                                                                                                                : RESPONDENT

AFFIDAVIT

Affidavit of Mrs. XXX, D/o XXX, W/o XXX, aged about XX years, R/o ____________, the above-named respondent solemnly affirm and declares as follows: -

1.      That I am the respondent in the above said case and well conversant with the facts of the case and competent to swear the present affidavit.

2.      That the contents of the accompanying written statement to the petition have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

DEPONENT

VERIFICATON: -

          Verified at Delhi on this ____, day of XX, 20XX that the contents of the above Affidavit are true and correct to my knowledge, nothing material has been concealed therefrom.

DEPONENT