IN THE COURT OF XXXXX; FAMILY COURT; DIST. WEST; TIS HAZARI COURTS, DELHI.

MT. CASE NO. xxxxx OF 2018.

IN THE MATTER OF :-

XXXXX                                            : PETITIONER

VERSUS

XXXXX                                            : RESPONDENT

N.D.O.H.: xxxxx

EVIDENCE BY WAY OF AFFIDAVIT OF THE RESPONDENT (RW1)

Affidavit of Sh. Xxxxx aged about ___ years, S/o Sh. Xxxxx, R/o xxxxx., do hereby solemnly affirm and declare as under:-

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.                 I state that the petitioner had herself guilty of desertion of respondent and her matrimonial home and more so ever she had not even worried about to maintain her matrimonial life with her malafide intention and ulterior motive to pressurize the respondent with the collusion of her parents and her associates who misguided the petitioner.

3.                 I further state that the Petitioner has herself left the company of Deponent without any reasonable excuse whereas the petitioner has always cruel toward Deponent and his family members and the petitioner is suppressing the material facts from this Hon'ble court with malafide intention.

4.                 I further state that the petitioner is a working lady. Besides this she is well educated lady and has been undertaking tuition work. She is having sufficient income every month. The petitioner is able-bodied person, she is working and earning but suppressing the true facts from court.

5.                 I further state that the petitioner was not performed her duty as legal wedded wife of Deponent but it is highly amazing the petitioner talking about responsibility of Deponent and his family members, the conduct of the petitioner is giving the wrong message to the society as the petitioner is living with her parents. There is no fault on the part of the Deponent or his family member for left the matrimonial home by the petitioner. Infact the Petitioner herself disturbed the matrimonial life by false allegations with the collusion of her parents and her associates.

6.                 I further state that the petitioner have share in her parental movable or immovable properties and she can maintain herself and also bear the expenses of litigations as she is working and she can maintain herself. The petitioner has without reasonable excuse left her matrimonial home without permission and without consent of Deponent and the Deponent had made his best efforts to bring back the petitioner by visiting at her parental home but every time petitioner was/is adamant not to come back at matrimonial home and not to join the company of the Deponent on one pretext or the other without realizing the consequences of the acts of and deeds.

7.                 I further state that during the pendency of the present case the Deponent filed the application U/s 127 Cr.P.C on the basis of changed circumstances as Deponent managed to get details of entire work experience of Petitioner from her current employer xxxxx.

8.                 I further state that the Petitioner is currently getting per month salary of  xxxx /- from xxxxx and she is also having rental income of xxxxx /- P.M from property No xxxx , New Delhi -1100015 and lease deed dated xxxx is Ex.PW-1/R3. As on date the currently monthly earning of petitioner is more than Rs. xxxx /- per month. 

9.                 I further state that the entire work experience is mentioned in her resume submitted by her in Nexa Magic Auto Pvt. Ltd. which she concealed and interim maintenance was granted to her on xxxx. Partial Details of monthly earnings of petitioner from salary as well as rental income is as under :-

A.      Petitioner herein is earning a monthly salary of Rs.  xxxx /- working since June 2023 at xxxxx Delhi  which finds mention in her Resume submitted by her on xxxxx Copy of Resume submitted for employment to Magic Auto dated xxxxx with signature of Petitioner xxxx is Ex.RW1/1.

B.      The Petitioner herein Purchased property No.xx  /131, xxxx , New Delhi for a sum of Rs.xxxx /- (Certified copy of Sale Deed dated xxxxx is already exhibited Ex.PW1/R2 which proves that the Petitioner concealed her means of income and earning and financial capacity from this Hon’ble Court and procured interim maintenance order dated xxxx by playing fraud with this Hon’ble Court.

C.      Further Petitioner herein Sold property No. xxxx,  xxxxx New Delhi for a sum of Rs.xxxx  /- sale deed dated xxxxx . Copy of sale deed dated xxxx is Ex.RW1/2.

D.      The Petitioner concealed her rental income of Rs.xxxxx  /- from property No.xxxxxNew Delhi-1100015 and lease deed dated xxxxx. Copy Certified Copy lease deed dated  proving rental income of Rs.xxxx /- of Ms. Xxxx from property No.xxxxxNew Delhi is Ex.RW1/3.

E.      The Petitioner worked as Customer Care Executive in xxxxx for 48 months from xxxx till June 2023 where her monthly salary was Rs.xxx  /- which finds mention in her Resume submitted by her on xxxxx.

F.      The Petitioner purchased property No xxxxx  New Delhi -1100015 for a sum of Rs. Xxxxx  /-dated xxxxx same is Ex.PW-xxx during cross examination on xxxx .The said Lease Deed and this property was leased @xxxx  /- per month Lease Deed dated xxxx . Copy of Certified Copy lease deed dated  xxxx proving rental of Ms.xxxx  income of Rs.xxxx  /- alongwith from property No.xxxxx , New Delhi-1100015 is Ex.xxxx.

G.      The Petitioner is also having rental income of Rs. xxxx /- from property No.xxxx , New Delhi 1100015 ad. measuring 100 Sq. Yds. said lease deed dated xxxx . Copy of Certified Copy lease deed dated xxxx proving rental of Ms.xxxx income of Rs. xxxx /- alongwith from property No.xxxxx, New Delhi 1100015 is Ex.xxxx.

10.             I further state that apart from the above mentioned facts Petitioner further concealed her Bank Account number Is xxxxxx , New Delhi where she received her salary for xxxx. Copy of Bank Statement are Ex. Xxxx  The petitioner worked in DD Motors from  xxxx till xxxx and thereafter joined Libra Hyundai and worked as senior executive from xxxx till xxxx the entire income from employers is/was concealed from this Hon’ble Court by the Petitioner.

11.             I hereby state that whatever is stated hereinabove is true and correct to the best of my knowledge.

                                                                        DEPONENT

VERIFICATION:-

Verified at New Delhi on ___ day of xxxx, 2024 that the contents of paras 1 to 11 of my above evidence affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

DEPONENT