IN THE COURT OF SH. GAGANDEEP GOYAL; LD. CIVIL JUDGE (JUNIOR DIVISION); FARIDABAD.

CIS NO. ________

IN THE MATTER OF :-

__________________________         APPLICANT/PLAINTIFFS

VERSUS

_________________                               DEFENDANTS

EX-PARTE EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF NO.1 (PW1)

Affidavit of Mr. ____________ S/o Sh. ________ age about ___ years, R/o _______________________, do hereby by solemnly affirm and declare as under;-  

1.     That the Deponent is plaintiff no.1 / applicant in the above noted suit and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.

2.     I state that the defendant no.1 is the wife of the Deponent and she has filed multifarious litigations against the Deponent and his family.

3.     I further state that the present suit was filed with prayer to obtain permanent injunction against the defendant no.1 and 2 in order to restrain them from creating nuisance in front of the house / shop / workplace of the Deponent and also to restrain the defendant no.1 and 2 from defame the deponent among their neighbors / colleagues.

4.     That this Hon’ble Court was pleased to pass an interim order in application under Order 39 Rule 1 & 2 of CP on ________ restraining the defendants from disturbing the Deponent either at the workplace or in the shop of the deponent till the final disposal of the suit. Copy of the order dated _______ passed by this Hon’ble Court is annexed and marked as Ex.Pw1/1.

5.     I further state that the defendant no.1 is habitual of doing illegal acts against the Deponent like she used to go to the home and office place at __________ and so many incidents created by defendant no.1 since long and interfering in the peaceful life of defendant no.1 and not only visited the work place of defendant no.1 and not only visited the work place of defendant no.1 but also met with the friends, colleagues, boss of the Deponent and made so colleagues, boss of Deponent and made so many false, frivolous allegations against the Deponent, which lowered the reputation of Deponent in the eyes of his friends, collogues and boss.

6.     I further state that the defendant no.1 is in a habit of such things, which lowered the social image of the Deponent in the society, friends, colleagues, officials staff, boss and now on ____________, the defendant sent emails (sender email ___________ & receiver’s _____________) to the Deponent and the emails were sent on __________ at ____, _________ at ____ and on _________ at ____ and on _______ at _____, the defendant sent a mail (sender email- ________ & receiver’s __________) to Managing Director of Deponent’s company and also gave phone calls to the Managing Director of the company and staff of the office and the defendant is not approaching to this Hon’ble Court but sending mails to the Managing Director of the Deponent’s company and asking his favour and the same act of defendant making fun of Deponent in the office and everyone in the office is asking from the Deponent and his reputation is tarnished by the defendant and the Deponent’s Managing Director has warned the Deponent that the personal problem, court orders others things should be taken care outside the office and if this act of the defendant is repeated again then he has to face the consequences and asked the Deponent that the defendant must be restrained for making telephonic calls to the Managing Director of the company and now the Deponent having fear that he could be sacked or out from the company by the act of the defendant. Copy of various emails sent by the defendant no.1 to the Deponent and to his employer dated __________, __________ and _______ are annexed and marked as Ex.Pw1/2 to Ex.Pw1/5.

7.     I further state that the defendant no.1 by sending these emails has defamed the Deponent at his workplace and thus has deliberately committed breach of injunction order.

8.     I further state that the defendant disobedience or violation / breach of the interim orders passed by this Hon’ble Court on _________ under Order 39 Rules 1 & 2 of CPC. There was a second application for continued disobedience of the order dated _________ by the defendant which was filed by the Deponent on ____________.

9.     I further state that the defendant got served a legal notice upon the employer of the Deponent through her counsel dated _________ which depicts that the defendant was well aware of the statement made by the counsel on __________ and the same has not been refuted in the legal notice anywhere. No counsel would make any statement which he has not been instructed to by either the client or the advocate. Copy of Legal notice dated _________ is annexed and marked as Ex.PW1/6.

10.   I further state that a new stand taken by the defendant in the application for review of the order dated __________ after a period of _____ is totally false nad contrary to the reply to the application for disobedience of order dated ___________ and is certainly afterthought. The reply to the application for disobedience of the order dated ________ was filed on __________, the defendant could have very well taken the plea that she was unaware of the order dated ____________ instead she was justifying it by other averments. The contention of the defendant in her reply dated __________ stating that she has never violated the order dated _________ in para 2 of the said rely clearly shows that the defendant was aware of the order dated ______ passed by the Hon’ble Court. Copy of order dated ________ passed by Hon’ble Court is annexed and marked as Ex.Pw1/7.

11.   I further state that the defendant no.1 is a notorious lady and she has in the past also committed such acts of defaming the Deponent and his family members, the evidence of which is annexed along with the plaint in the present suit and same is also annexed herewith and marked as Exhibits i.e. The SPA executed by the Plaintiff No. 2, 3 and 4 in favour of Deponent are marked as Ex.PW1/8 to Ex.PW1/10 respectively. The video recording of the defendant No.1 shouting on the street and hurling abuses at the Deponent and his Advocate is marked as Ex.PW1/11. The copy of the call detail of Deponent for the month of _______ calling local police at Faridabad and the copy of the written complaint made to DCP by Deponent dated _______ is marked as Ex.PW1/12 and Ex.PW1/13. The copy of the complaint under Sec. 138, N.I Act, 1881 filed by the Defendant No.2 in collusion with Defendant No.1 against the Deponent is marked as Ex.PW1/14(colly) and the copy of the bank statement of the Deponent transferring his salary to Defendant No.l via NEFT is marked as Ex.PW1/15. The copy of the medical examination report of the Plaintiff No.2 of ________ Hospital is marked as Ex.PW1/16. The copy of the settlement arrived at the Police Post, _____ on ________ is marked as Ex.PW1/17. The Credit Card statement of the Deponent blocking his credit cards is marked as Ex.PW1/18.

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

DEPONENT

VERIFICATION:-

Verified at Delhi on    day of July, 2022 that the contents of paras 1 to 12 of my evidence affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

DEPONENT