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G. PETITION NO. __/2015.
______________ : PETITIONER
___________________ : RESPONDENTS
D.O.H.: ………………
REJOINDER / REPLICATION TO THE WS/REPLY FILED BY THE RESPONDENTS NO.2 & 3 TO THE PETITION FILED BY THE PETITIONER.
REJOINDER / REPLICATION TO THE WS/REPLY FILED BY THE RESPONDENTS NO.2 & 3 TO THE PETITION FILED BY THE PETITIONER.
MOST RESPECTFULLY SHOWETH:-
REPLY TO THE PRELIMINARY OBJECTION:-
1. That the contents of para 1 of the
preliminary objections are wrong and incorrect, hence denied. It is denied that
in the night between ________ and ______ at about ____ petitioner had come at
the residence respondent no.2 and 3 an had left minor ___________ saying that
he was being called by his brother and since then minor ___________ is care and
custody of respondents no.2 and 3, since then petitioner had not care for the
welfare of minor ___________. It is further denied that petitioner even did not
wish minor ___________ on her birthday and even did not provided any clothes or
book or toys to minor ___________ since
she is in the care and custody of respondents no.2 and 3. It is also denied
that petitioner had not care at all regarding the studies and health of minor ___________
since she is in the care and custody of respondents no.2 and 3, minor ___________
is at present studying in ___________, she has been got admitted in the school
by Respondents no.2 and 3 regarding the admission of minor ___________, the
expenses have been born by the respondents no.2 and 3. It is denied that minor ___________
the has great love and affection with the respondent no.2 nad 3, the respondent
no.2 and 3 have also great love and affection with minor ___________. It is
further denied that petitioner is living alone in ______ it will not be in the
interest and welfare of minor ___________ to give her custody to petitioner and
to change her custody from the respondent no.2 and 3. It is further denied that
the welfare of the minor it will be just and proper that this application /
petition filed by petitioner is liable to be dismissed with cost.
2. That the contents of para 2 of the
preliminary objections are wrong and incorrect, hence denied. It is denied that
petitioner is in the habit of telling lies, the statement in oath of petitioner
was recorded in the Court of Ld. ASJ on _____, in the said statement petitioner
stated that he had filed a petition for the custody of his minor daughter in
the competent court. It is further denied that petitioner gave intentionally
with malafide intention this false statement on oath in the Hon’ble Ld. ASJ
that no petition of custody of the minor file by petitioner was pending on ______
It is further denied that the petition under section 25 of Guardianship Act was
filed by petitioner after _____. It is correct that petitioner has also filed a
divorce petition U/s 13 of HMA Act against the respondent no.1 which is pending
in this Hon’ble Court. It is denied that when the divorce petition was filed,
petitioner was living in ____. It is correct that this petitioner in the
present case has filed the copy of the application addressed to SHO, and which
is purported to has been received in the PS _____ on _______ and the DD no. is
mentioned 49B. It is denied that it will be against the interest and welfare of
minor ___________ to give the custody the petitioner who has no respect for
truth. Rest of the contents are denied.
3. That the contents of para 3 of the
preliminary objections are wrong and incorrect, hence denied. It is denied that
petitioner is in collusion with the police and has got falsely implicated in a
false criminal case of murder to his wife respondent no.1 and got arrested her
in collusion with the police. It is further denied that the respondent no.1 is
innocent and has been falsely implicated in the criminal case. It is also
denied that petitioner is a very cunning person and he is very close and
friendly with the young lady ____ with whom he wants to marry. It is further
denied that petitioner generally talks with ___ on telephone, petitioner
generally exchanges messages on telephone with ____, petitioner generally
exchanges greetings on telephone also with ___. Rest of the contents are matter
of record need no reply. It is denied that this petition has been filed by
petitioner with mlafide intention and is meritless and is liable to be
dismissed.
4. That the contents of para 4 of the
preliminary objections are wrong and incorrect, hence denied. It is denied that
after consultation and with malafide intention, petitioner has filed this
petition after _____, by giving false statement on _____ petitioner committed
perjury and is liable to be prosecuted for intentionally giving false statement
on oath before the Ld. ASJ. It is further denied that petitioner is not a fit
person to whom the custody of minor be given from the custody of respondents
no.2 and 3, for the welfare and minor ___________. It is further denied that it
is very necessary that she must remained in the custody of the female,
respondent no.3 Mrs. _____ is the maternal grandmother of minor ___________
with whom she is living since _____. It is also denied that petitioner is
living in ___________ it will not be in the interest of the minor to change the
place of education / study of the minor, when she is already getting education
in Delhi.
5. That the contents of para 5 of the
preliminary objections are wrong and incorrect, hence denied. It is denied that
since the time minor is in the care and custody of the respondent no.2 and 3,
this petitioner never made any attempt to look after the welfare and interest
of the minor ___________. It is further denied that after giving a false
statement on oath on ____ in the Ld. ASJ, after consultation and with malafide
intention, this petitioner has filed this petition under consideration. It is
also denied that this petitioner has not given any valid and proper reason to
change the care and custody of the minor from respondent no.2 and 3 to
petitioner. It is denied that the upbringing of minor ___________ is being
properly looked after by respondent no.2 and 3, petitioner who is living alone
will not be in the position to given comfortable living for minor child ___,
minor ____ since infancy is living with respondent no.2 and 3 and she has
developed emotional bonding with respondents no.2 and 3. It is further denied
that petitioner has intention to marry with ___, respondent no.2 and 3 have
sufficient means to look after the welfare of minor ____. It is also denied
that the custody of minor ___ should not be changed until the person in whose
custody the minor is found to be unfit to look after the welfare of the minor ___.
It is denied that the petitioner who is in service in ____ and who does not
have as a member of his joint family any female member living with him at
present, the interest and welfare of minor ____ requires that this petition of
petitioner must be dismissed.
6. That the contents of para 6 of the
preliminary objections are wrong and incorrect, hence denied. It is denied that
after illegal arrest of respondent no.1 on _____ the petitioner instead of
taking care of the breast feeding child ___________ came to the house of
respondent no.2 and 3 on the night between _______ at about ___ and left the
child (minor ____) with respondent no.2 and 3 on the premise that he
(petitioner) was being called by his brother and since then minor child ____ is
under the care and custody of respondent no.2 and 3. It is further denied that the
stability and consistency in the affairs and routines of the child is also of
utmost importance and thus the chil should allow to continue under the care and
custody of her maternal grandparents (respondent no.2 and 3) and should not be
disturbed and interfered keeping in view of best interest and welfare of the
minor child ____ . Rest of the contents are denied.
REJOINDER ON MERITS:-
1. That
the contents of para 1 of the WS/reply need are wrong, incorrect, reiterated
and denied. It is denied that the petitioner on _____ at about 1 am came in the
house of respondent no.2 and 3 and left minor _____ with respondent no.2 and 3,
when the minor child ___________ was at the stage of breast feeding about 1 pm
on the pretext that he was being called by his brother. It is further denied
that since _______ the minor child ___________ is under the care and custody of
respondents no.2 and 3 and since then proper care and welfare is being looked
after by respondents no.2 and 3 of minor ___________. It is also denied that
now minor ____ has been admitted in a reputed school namely _______, by
respondents o.2 and 3 and she is extremely happy in the said school. It is
further denied that the girl child is now about 40 months old and her grand
maternal mother and her grand maternal father are looking after her interest
and welfare. It is further denied that for about 20 months since ______, the
petitioner remained totally indifferent with the welfare and interest of minor _____.
It is also denied that on _____ petitioner intentionally made a false statement
in the Court of Sh. V.K. Yadav, ASJ, Delhi that he had filed the petition for
the custody of minor ____. It is also denied that infact, on ____ no petition
filed by the petitioner was pending in
any court regarding the custody of minor ___________. It is also denied that
after _______ with malafide intention and consultation, petitioner filed the
present petition for custody in a well-planned manner after _____. It is
further denied that on ____ and on ____, minor _____ was in the care and
custody of respondent no.1 at the residence of her mother. It is further denied
that when the petition under Section 25 of Guardian and Wards Act was filed by
petitioner, the age of ___ was about ____ and ____. It is further denied that
petitioner has falsely mentioned in this para that the child had attained the
age of ___ and ____.
It is denied that since ____ minor ____
is in the care and custody of respondents no.2 and 3. It is further denied that
since then the petitioner has not cared to look after the welfare and interest
of minor ___, respondent no.1 is in custody in a false case. It is also denied
that petitioner and the police are in collusion and they have in planned way
falsely implicated respondent no.1 in the criminal case. It is further denied
that petitioner does not have any other family members in his family. Rest of
the contents are wrong and denied.
It is denied that petitioner or his
brother or his bhabhi have not attempted to meet and talk with the minor ____
since minor child is in the care and custody of respondent no.2 and 3. It is
further denied that petitioner has filed this petition without any legal
justification and with malafide intention and ignoring the welfare and interest
of the minor. It is also denied that minor ______ is in care and custody of
respondent no.2 and 3 since ______ petitioner has approached this Hon’ble Court
with malafide intention.
It is further denied that the
petitioner has no respect for truth and oath, the family of the petitioner
consists of petitioner and his wife and his minor daughter ____ who is now in
the custody of the parents of respondent. It is further denied that petitioner
has filed intentionally false affidavit and has committed perjury and has made
intentionally also averments on material points in his petition. However, the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
2. That the contents of para 2 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
petitioner is working and employed and residing at _____ since ____ and no
female is living with the petitioner at _____. It is further denied that minor ____
is a female / girl child and is about 3 years and 4 months old at present
keeping in view the interest and welfare of minor ___________ it will not be
just and proper to give the custody of the minor ____ to the petitioner. It is
also denied that in the custody of the petitioner, the upbringing of the minor ___
will not be proper and in the interest of the minor. Rest of the contents wrong
and denied. However, the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
3. That the contents of para 3 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
contents of para 3 of the petition shows that the intention of the petitioner
is that he wants to keep in minor ___ at ____ where he is employed with _____
Company and where the office of ____ company in _____ is situated. It is
further denied that the welfare of the minor ____ requires that she should
continue in care and custody of her maternal grandparents in Delhi. It is
further denied that before the order dated ______ the petitioner had not taken
any interest regarding the welfare of the minor and had never made request to
the respondents to meet the minor child. The contents of rest of the para are
denied.
It is further denied that when minor
child is already studying in Delhi it will be against the interest of minor
child to shift her for the studies at ___________. It is further denied that it
is always desirable that the studies of minor should be in continuation and at
the same place. It is also denied that the studies and upbringing are
continuing in proper and in congenial atmosphere at Delhi in the care and custody
of respondent no.2 and 3. However
the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
4. That the contents of para 4 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
respondent no.1 mother of the minor has been falsely implicated in a murder
case by the petitioner in collusion with the police in a well-planned manner
and she is in judicial custody. It is further denied that the mother of the
petitioner was murdered by an unknown criminal on ____ and in that incident,
respondent no.1 was also caused injuries who was also medically examined
regarding the injuries received by her. It is also denied that the petitioner
in the court of SH. V.K. Yadav ASJ on _____ has admitted that the relations
between respondent and her mother in law were normal.
It is further denied that the minor
child is being very well looked after by respondent no.2 and 3 and she is
studying in a reputed school and she is living happily with the respondent no.2
and 3. However the contents
of the para
of the petition
are reiterated as true and correct, may kindly be read as part and
parcel of the para under reply as the same are not being reproduced herein for
the sake of brevity.
5. That the contents of para 5 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that respondents
had never used abusive language and have never caused violence. It is further
denied that the petitioner has intentionally made false and concocted charges
with malafide intention. It is also denied that it is in the interest and
welfare of the minor that the minor should continue in the care and custody of
her maternal grandparents. It is further denied that petitioner is living alone
/ separately at _____. It is further denied that the elder brother of the
petitioner with his wife and children are living separate in New Delhi. However,
the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
6. That the contents of para 6 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
petitioner is very close and friendly with one ___. It is further denied that
the petitioner wants to marry said ___. It is also denied that the divorce has
been filed by the petitioner with malafide intention and is meritless. However,
the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
7. That the contents of para 7 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that petitioner
has falsely stated regarding his transfer to Delhi. It is further denied that
petitioner has not filed nay order of his employer to show his transfer to
Delhi, petitioner has not filed nay copy of any request made by him to his
employer for his transfer to Delhi. It is also denied that petitioner had left
Delhi in ___________ and had gone to _____ and since then he is working there.
It is also denied that petitioner has no intention to get him transferred to ____.
It is further denied that the house of
the petitioner and his brother’s house are separate and at different places. It
is also denied that petitioner does not have any ownership in the house in
which his brother is living, his brother does not have any ownership in the
house owned by the petitioner in Delhi. It is further denied that the family of
the respondents no.2 and 3 is very reputed, it is not in the interest and
welfare of the minor that she should be given in the custody of the petitioner.
However, the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
8. That the contents of para 8 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the minor
is in custody and care of the respondent no.2 and 3, when the minor was left in
the care and custody of respondent no.2 and 3 by the petitioner himself. It is
further denied that the petitioner feeling deep anguishes, disappointment,
frustration due to act and attitude and conduct of the respondents. It is also
denied that the petitioner has made false and concocted averments with malafide
intention. However, the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
9. That the contents of para 9 of the WS/reply
need are wrong, incorrect, reiterated and denied. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
10. That the contents of para 10 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
respondent no.2 and 3 are fit persons to take care of the minor ___________
their age about of respondent no.1 is 52 and respondent no.2 is 50 years old.
It is further denied that respondent no.2 and 3 are already taking proper care
of minor ___________ since ________ the manner in which the averments have been
made in this para of the petition it is clear that the petitioner wants to
create confusion and that the petitioner has intentionally made false,
confusing and vague averments. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
11. That the contents of para 11 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that there is no
separation of the parties, the petitioner has made false and confusing
averments with malafide intention. It is further denied that the petitioner
himself had left minor ___________ at the residence f the respondent no.2 and
3. It is also denied that petitioner wants to marry with ____ who is sister of
his Bhabhi and with whom he is very close and friendly. It is further denied
that petitioner is regularly in touch with ___, petitioner is regularly having
talk with ___ on phones also. Rest of the contents are wrong and denied. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
12. That the contents of para 12 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
petitioner is not interested in maintaining the child and to take proper care
of the child. It is further denied that petitioner is continuously neglecting
the minor ____. It is also denied that minor ____ is already getting proper
education and is being properly brought up in good and congenial atmosphere in
the care and custody of the respondent no.2 and 3. It is further denied that
the petitioner is in the habit of drinking liquor, petitioner is living alone
in _____ and ______ is more than 650 kms from Delhi. It is further denied that
minor ___ is already being provided by the respondent no.2 and 3 all the
necessary amenities which are required for her proper upbringing and
development, she is being brought up in good and congenial atmosphere and in
good culture. It is also denied that petitioner does not have any family member
living with him at _____ where he is working. It is further denied that the
petitioner’s elder brother with his wife and two children are living separately
since long. It is also denied that the address of the petitioner and his
brother and his bhabhi are different, the petitioner has driving license and
adhar card and election card on the address which address is not of his brother
and Bhabhi. It is also denied that will be against the welfare and interest of
minor ____ to hand over her custody to petitioner. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
13. That the contents of para 13 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that petitioner
is living in _____ since ____, ____ he never approached to respondents to see
or meet minor ___________. It is further denied that minor child aged about 3
year and 4 months it will be against the welfare and interest of minor child to
give the custody to petitioner. It is also denied that petitioner has not
mentioned even the alleged terms which the respondents wants to dictate to him
as claimed by him, it will be against the welfare of minor ______ to hand over
her custody to petitioner. However
the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
14. That the contents of para 14 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that it will be
against the interest and welfare of the minor child to give the custody to the
petitioner, petitioner is a unfit person to have the custody of minor ___________.
Rest of the contest are wrong and denied. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
15. That the contents of para 15 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that respondent
no.1 has been falsely implicated in the case as a result of criminal conspiracy
of the petitioner and police officials and she has been falsely implicated in
the case due to collusion between petitioner and police officials in a well
planned manner. It is further denied that petitioner is a very close and
friendly with ___________. It is also denied that petitioner wants to marry
with ___________, petitioner has strong motive to falsely implicate respondent
no.1 in collusion with the police in the criminal case. It is also denied that
the petitioner has no legal right in the circumstances of this case to get the
custody of minor ___________. It is further denied that the petitioner has not
mentioned any provision of law in support of his claim of legal position. It is
further denied that petitioner wants to create confusion regarding legal
position. It is further denied that it is in the best interest and welfare of
minor that the custody should continue with the respondent no.2 and 3 with whom
minor is living continuously since ___________. It is also denied that the
interest and welfare of minor child will be adversely affected if the custody
will be given to the petitioner. Rest of the contents are wrong and denied. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
16. That the contents of para 16 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that minor child
is a girl child of about three years and four months of age she is getting
proper education in good atmosphere and proper culture. It is further denied
that the conduct of the petitioner is also such that he is unfit person to have
custody of minor ___________. It is further denied that the minor ___________
is getting education in proper atmosphere and under care and affection of the
respondent no.2 and 3. It is also denied that the petitioner is unfit person to
get the custody of the minor from the custody of respondent no.2 and 3. It is
further denied that minor ___________ is having proper comforts and she is
being provided all facilities and amenities for her physical and mental needs
by respondent no.2 and 3. It is further denied that minor ___________ is having
a good atmosphere in proper culture at the residence of respondent no.2 and 3,
minor ___________ is very happy and comfortable in the care and custody of
respondent no.2 and 3. It is also denied that minor ___________ is getting
proper love and affection in the care and custody of respondent no.2 and 3
minor ___________ is having love and affection of her maternal grandparents and
due to love and affection she has very emotionally attached with the respondent
no.2 and 3. It is further denied that the maternal grandparents of minor ___________
are also very emotionally attached to her and minor ___________ is having
proper education and proper development in the care and custody of respondent
no.2 and 3. It is further denied that he maternal grandparents of minor ___________
are providing all facilities for her all physical needs and for her proper
development and welfare. Rest of the contents are wrong and denied. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
17. That the contents of para 17 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that minor ___________
is living in the care and custody of the respondent no.2 and 3 since ___________.
It is further denied that the petition is meritless and the petitioner is not
entitled for the relief claimed and the petition is liable to be dismissed with
special cost to respondents. However
the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
Reply of prayer clause paras of the reply are
absolutely wrong and specifically denied. The respondent is not entitle for any
relief claimed for.
Any
allegation made in the reply and are not specifically denied herein are
absolutely wrong and specifically denied and its non specifical denial shall
not be taken as an admission on the part of the petitioner.
It is therefore most respectfully
prayed that the relief may kindly be granted in favour of the petitioner and
against the respondent as prayed in the rejoinder, in the interest of justice,
equity and circumstances of the case.
Pass such further order or orders as this Hon’ble Court may
deem fit and proper of the facts and circumstances of the case, in the interest
of justice.
It is
prayed accordingly.
PETITIONER
DELHI THROUGH
DATED
____________
ADVOCATE
___________,
New Delhi-110013.
C.C./___/1/2015.
_________ : COMPLAINANT
_______________ :
RESPONDENTS
AFFIDAVIT
Affidavit of
Mrs. ____, W/o Sh. _____, R/o _________, do hereby solemnly affirm and declare
as under :-
1. That I am the complainant 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 rejoinder
to reply has 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.
3. The facts stated therein may kindly be
read as part and parcel of the present Affidavit also as the contents of the
same have not been reproduced herein for the sake of brevity.
VERIFICATION
:-
Verified at
Delhi on this ___, day of August, 2016 that the contents of the above Affidavit
are true and correct to my knowledge, nothing material has been concealed there
from.
DEPONENT
RESPONDENT NO.1
G. PETITION NO. __/2015.
________________ : PETITIONER
_________________ :
RESPONDENTS
D.O.H.: ………………
REJOINDER
/ REPLICATION TO THE WS/REPLY FILED BY THE RESPONDENT NO.1 TO THE PETITION FILED
BY THE PETITIONER.
MOST RESPECTFULLY SHOWETH:-
REPLY TO THE PRELIMINARY OBJECTION:-
1. That the contents of para 1 of the
preliminary objections are wrong and incorrect, hence denied. It is denied that
it will not be in the welfare and interest of minor ___________ to give her in
the custody of petitioner. It is further denied that petitioner is living alone
in ___________ (AP) for the last more than two years and no female is living
with him. It is also denied that if she will be given in the custody of
petitioner it will be cause dislocation of her studies and it will not be in
the interest and welfare of minor ___________. It is further denied that minor ___________
it growing up in good surrounding and proper and good culture while in the care
and custody of her maternal parents. It is further denied that on ___________
Kumari ___________ was about one year old and since then she is continuously in
the care and custody of her maternal grandparents with whom she has emotional
bonding. It is also denied that petitioner has intention to marry with ___________
with whom he has close relation and friendship and is continuously having talks
and conversation on telephone also.
It is further denied that in case care
and custody of minor ___________ will be changed as prayed by petitioner, it
will be against the interest and welfare of the minor ___________ who is
comfortably and happily living and studying in the care and custody of her
maternal grandparents.
2. That the contents of para 2 of the
preliminary objections are wrong and incorrect, hence denied. It is denied that
petitioner is in collusion with the police and has got falsely implicated in a
false criminal case of murder to respondent no.1 and got arrested her in
collusion with the police. It is further denied that the respondent no.1 is
innocent and has been falsely implicated in the criminal case. It is also
denied that petitioner is a very cunning person and he is very close and
friendly with the young lady ___________ with whom he wants to marry. It is
further denied that petitioner generally talks with ___________ on telephone,
petitioner generally exchanges messages on telephone with ___________,
petitioner generally exchanges greetings on telephone also with ___________.
Rest of the contents are matter of record need no reply. It is denied that this
petition has been filed by petitioner with mlafide intention and is meritless
and is liable to be dismissed.
REJOINDER ON MERITS:-
1. That
the contents of para 1 of the WS/reply need are wrong, incorrect, reiterated
and denied. It is denied that the petitioner on ___________ at about 1 am came
in the house of respondent no.2 and 3 and left minor ___________ with
respondent no.2 and 3, when the minor child ___________ was at the stage of
breast feeding about 1 pm on the pretext that he was being called by his
brother. It is further denied that since ___________ the minor child ___________
is under the care and custody of respondents no.2 and 3 and since then proper
care and welfare is being looked after by respondents no.2 and 3 of minor ___________.
It is also denied that now minor ___________ has been admitted in a reputed
school namely ___________, by respondents o.2 and 3 and she is extremely happy
in the said school. It is further denied that the girl child is now about 40
months old and her grand maternal mother and her grand maternal father are
looking after her interest and welfare. It is further denied that for about 20 months
since ___________, the petitioner remained totally indifferent with the welfare
and interest of minor ___________. It is also denied that on _______ petitioner
intentionally made a false statement in the Court of Sh. V.K. Yadav, ASJ, Delhi
that he had filed the petition for the custody of minor ___________. It is also
denied that infact, on ____ no petition filed by the petitioner was pending in any court regarding the custody
of minor ___________. It is also denied that after ____ with malafide intention
and consultation, petitioner filed the present petition for custody in a well
planned manner after ____. It is further denied that on ____ and on ___, minor ___________
was in the care and custody of respondent no.1 at the residence of her mother.
It is further denied that when the petition under Section 25 of Guardian and
Wards Act was filed by petitioner, the age of ___________ was about 2 years and
9 months. It is further denied that petitioner has falsely mentioned in this
para that the child had attained the age of two years and six months, when this
petition was filed in _____.
It is denied that since ___________
minor ___________ is in the care and custody of respondents no.2 and 3. It is
further denied that since then the petitioner has not cared to look after the
welfare and interest of minor ___________, respondent no.1 is in custody in a
false case. It is also denied that petitioner and the police are in collusion
and they have in planned way falsely implicated respondent no.1 in the criminal
case. It is further denied that petitioner does not have any other family members
in his family except the respondent no.1 against whom the petitioner has filed
a petition for divorce which is pending. Rest of the contents are wrong and
denied.
It is denied that petitioner or his
brother or his bhabhi have not attempted to meet and talk with the minor ___________
since minor child is in the care and custody of respondent no.2 and 3. It is further
denied that petitioner has filed this petition without any legal justification
and with malafide intention and ignoring the welfare nadi nterest of the minor.
It is also denied that minor ___________ is in care and custody of respondent
no.2 and 3 since ___________ petitioner has approached this Hon’ble Court with
malafide intention.
It is further denied that the petitioner
has no respect for truth and oath, the family of the petitioner consists of
petitioner and his wife and his minor daughter ___________ who is now in the
custody of the parents of respondent. It is further denied that petitioner has
filed intentionally false affidavit and has committed perjury and has made
intentionally also averments on material points in his petition. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
2. That the contents of para 2 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
petitioner is working and employed and residing at ___________ since _______
and no female is living with the petitioner at ___________. It is further
denied that minor ___________ is a female / girl child and is about 3 years and
4 months old at present keeping in view the interest and welfare of minor ___________
it will not be just and proper to give the custody of the minor ___________ to
the petitioner. It is also denied that in the custody of the petitioner, the
upbringing of the minor ___________ will not be proper and in the interest of
the minor. Rest of the contents wrong and denied. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
3. That the contents of para 3 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
contents of para 3 of the petition shows that the intention of the petitioner
is that he wants to keep in minor ___________t at ___________ where he is
employed with __________ and where the office of Genpact company in ___________
is situated. It is further denied that the welfare of the minor ___________
requires that she should continue in care and custody of her maternal
grandparents in Delhi. It is further denied that before the order dated ____
the petitioner had not taken any interest regarding the welfare of the minor
and had never made request to the respondents to meet the minor child. The
contents of rest of the para are denied.
It is further denied that when minor
child is already studying in _____ it will be against the interest of minor
child to shift her for the studies at ___________. It is further denied that it
is always desirable that the studies of minor should be in continuation and at
the same place. It is also denied that the studies and upbringing are
continuing in proper and in congenial atmosphere at ____ in the care and
custody of respondent no.2 and 3. However
the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
4. That the contents of para 4 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
respondent no.1 mother of the minor has been falsely implicated in a murder
case by the petitioner in collusion with the police in a well-planned manner
and she is in judicial custody. It is further denied that the mother of the
petitioner was murdered by a unknown criminal on ____ and in that incident,
respondent no.1 was also caused injuries who was also medically examined
regarding the injuries received by her. It is also denied that the petitioner
in the court of SH. V.K. Yadav ASJ on ____ has admitted that the relations
between respondent and her mother in law were normal.
It is further denied that the minor
child is being very well looked after by respondent no.2 and 3 and she is
studying in a reputed school and she is living happily with the respondent no.2
and 3. However the contents
of the para
of the petition
are reiterated as true and correct, may kindly be read as part and
parcel of the para under reply as the same are not being reproduced herein for
the sake of brevity.
5. That the contents of para 5 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that respondents
had never used abusive language and have never caused violence. It is further
denied that the petitioner has intentionally made false and concocted charges
with malafide intention. It is also denied that it is in the interest and
welfare of the minor that the minor should continue in the care and custody of
her maternal grandparents. It is further denied that petitioner is living alone
/ separately at ___________. It is further denied that the elder brother of the
petitioner with his wife and children are living separate in ____. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
6. That the contents of para 6 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the petitioner
is very close and friendly with one ___________. It is further denied that the
petitioner wants to marry said ___________. It is also denied that the divorce
has been filed by the petitioner with malafide intention and is meritless. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
7. That the contents of para 7 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that petitioner has
falsely stated regarding his transfer to Delhi. It is further denied that petitioner
has not filed nay order of his employer to show his transfer to _____, petitioner
has not filed nay copy of any request made by him to his employer for his
transfer to Delhi. It is also denied that petitioner had left ___ in ________
and had gone to ___________ and since then he is working there. It is also
denied that petitioner has no intention to get him transferred to Delhi.
It is further denied that the house of
the petitioner and his brother’s house are separate and at different places. It
is also denied that petitioner does not have any ownership in the house in
which his brother is living, his brother does not have any ownership in the
house owned by the petitioner in Delhi. It is further denied that the family of
the respondents no.2 and 3 is very reputed, it is not in the interest and
welfare of the minor that she should be given in the custody of the petitioner.
However the contents
of the para
of the petition
are reiterated as true and correct, may kindly be read as part and
parcel of the para under reply as the same are not being reproduced herein for
the sake of brevity.
8. That the contents of para 8 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the minor
is in custody and care of the respondent no.2 and 3, when the minor was left in
the care and custody of respondent no.2 and 3 by the petitioner himself. It is
further denied that the petitioner feeling deep anguishes, disappointment,
frustration due to act and attitude and conduct of the respondents. It is also
denied that the petitioner has made false and concocted averments with malafide
intention. However the contents
of the para
of the petition
are reiterated as true and correct, may kindly be read as part and
parcel of the para under reply as the same are not being reproduced herein for
the sake of brevity.
9. That the contents of para 9 of the WS/reply
need are wrong, incorrect, reiterated and denied. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
10. That the contents of para 10 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
respondent no.2 and 3 are fit persons to take care of the minor ___________
their age about of respondent no.1 is 52 and respondent no.2 is 50 years old. It
is further denied that respondent no.2 and 3 are already taking proper care of
minor ___________ since ___________ the manner in which the averments have been
made in this para of the petition it is clear that the petitioner wants to
create confusion and that the petitioner has intentionally made false,
confusing and vague averments. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
11. That the contents of para 11 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that there is no
separation of the parties, the petitioner has made false and confusing
averments with malafide intention. It is further denied that the petitioner
himself had left minor ___________ at the residence f the respondent no.2 and 3.
It is also denied that petitioner wants to marry with ___________ who is sister
of his Bhabhi and with whom he is very close and friendly. It is further denied
that petitioner is regularly in touch with ___________, petitioner is regularly
having talk with ___ on phones also. Rest of the contents are wrong and denied.
However the contents
of the para
of the petition
are reiterated as true and correct, may kindly be read as part and
parcel of the para under reply as the same are not being reproduced herein for
the sake of brevity.
12. That the contents of para 12 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that the
petitioner is not interested in maintaining the child and to take proper care
of the child. It is further denied that petitioner is continuously neglecting
the minor ___________. It is also denied that minor ___________ is already
getting proper education and is being properly brought up in good and congenial
atmosphere in the care and custody of the respondent no.2 and 3. It is further
denied that the petitioner is in the habit of drinking liquor, petitioner is
living alone in ___________ and ___________ is more than 650 kms from Delhi. It
is further denied that minor ___________ is already being provided by the
respondent no.2 and 3 all the necessary amenities which are required for her
proper upbringing and development, she is being brought up in good and
congenial atmosphere and in good culture. It is also denied that petitioner
does not have any family member living with him at ___________ where he is working.
It is further denied that the petitioner’s elder brother with his wife and two
children are living separately since long. It is also denied that the address
of the petitioner and his brother and his bhabhi are different, the petitioner
has driving license and adhar card and election card on the address which
address is not of his brother and Bhabhi. It is also denied that will be
against the welfare and interest of minor ___________ to hand over her custody
to petitioner. However the contents
of the para
of the petition
are reiterated as true and correct, may kindly be read as part and
parcel of the para under reply as the same are not being reproduced herein for
the sake of brevity.
13. That the contents of para 13 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that petitioner is
living in ___________ since ________ he never approached to respondents to see
or meet minor ___________. It is further denied that minor child aged about 3
year and 4 months it will be against the welfare and interest of minor child to
give the custody to petitioner. It is also denied that petitioner has not
mentioned even the alleged terms which the respondents want to dictate to him
as claimed by him, it will be against the welfare of minor ___________ to hand
over her custody to petitioner. However, the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
14. That the contents of para 14 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that it will be
against the interest and welfare of the minor child to give the custody to the petitioner,
petitioner is a unfit person to have the custody of minor ___________. Rest of
the contest are wrong and denied. However
the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
15. That the contents of para 15 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that respondent
no.1 has been falsely implicated in the case as a result of criminal conspiracy
of the petitioner and police officials and she has been falsely implicated in
the case due to collusion between petitioner and police officials in a well-planned
manner. It is further denied that petitioner is a very close and friendly with ___________.
It is also denied that petitioner wants to marry with ___________, petitioner
has strong motive to falsely implicate respondent no.1 in collusion with the
police in the criminal case. It is also denied that the petitioner has no legal
right in the circumstances of this case to get the custody of minor ___________.
It is further denied that the petitioner has not mentioned any provision of law
in support of his claim of legal position. It is further denied that petitioner
wants to create confusion regarding legal position. It is further denied that
it is in the best interest and welfare of minor that the custody should
continue with the respondent no.2 and 3 with whom minor is living continuously
since ___________. It is also denied that the interest and welfare of minor
child will be adversely affected if the custody will be given to the
petitioner. Rest of the contents are wrong and denied. However, the contents
of the para
of the petition
are reiterated as true and correct, may kindly be read as part and
parcel of the para under reply as the same are not being reproduced herein for
the sake of brevity.
16. That the contents of para 16 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that minor child
is a girl child of about three years and four months of age she is getting
proper education in good atmosphere and proper culture. It is further denied
that the conduct of the petitioner is also such that he is unfit person to have
custody of minor ___________. It is further denied that the minor ___________ is
getting education in proper atmosphere and under care and affection of the
respondent no.2 and 3. It is also denied that the petitioner is unfit person to
get the custody of the minor from the custody of respondent no.2 and 3. It is further
denied that minor ___________ is having proper comforts and she is being
provided all facilities and amenities for her physical and mental needs by
respondent no.2 and 3. It is further denied that minor ___________ is having a
good atmosphere in proper culture at the residence of respondent no.2 and 3,
minor ___________ is very happy and comfortable in the care and custody of
respondent no.2 and 3. It is also denied that minor ___________ is getting
proper love and affection in the care and custody of respondent no.2 and 3
minor ___________ is having love and affection of her maternal grandparents and
due to love and affection she has very emotionally attached with the respondent
no.2 and 3. It is further denied that the maternal grandparents of minor ___________
are also very emotionally attached to her and minor ___________ is having
proper education and proper development in the care and custody of respondent
no.2 and 3. It is further denied that he maternal grandparents of minor ___________
are providing all facilities for her all physical needs and for her proper
development and welfare. Rest of the contents are wrong and denied. However the
contents of the
para of the
petition are reiterated as true
and correct, may kindly be read as part and parcel of the para under reply as
the same are not being reproduced herein for the sake of brevity.
17. That the contents of para 17 of the WS/reply
need are wrong, incorrect, reiterated and denied. It is denied that minor ___________
is living in the care and custody of the respondent no.2 and 3 since ___________.
It is further denied that the petition is meritless and the petitioner is not
entitled for the relief claimed and the petition is liable to be dismissed with
special cost to respondents. However
the contents of
the para of
the petition are reiterated as true and correct, may
kindly be read as part and parcel of the para under reply as the same are not being
reproduced herein for the sake of brevity.
Reply of prayer clause paras of the reply are
absolutely wrong and specifically denied. The respondent is not entitle for any
relief claimed for.
Any
allegation made in the reply and are not specifically denied herein are
absolutely wrong and specifically denied and its non specifical denial shall
not be taken as an admission on the part of the petitioner.
It is therefore most respectfully
prayed that the relief may kindly be granted in favour of the petitioner and
against the respondent as prayed in the rejoinder, in the interest of justice,
equity and circumstances of the case.
Pass such further order or orders as this Hon’ble Court may
deem fit and proper of the facts and circumstances of the case, in the interest
of justice.
It is
prayed accordingly.
PETITIONER
DELHI THROUGH
DATED
___________
ADVOCATE
____________,
New Delhi-110013.
C.C./___/__/2015.
______________ : COMPLAINANT
______________________ : RESPONDENTS
AFFIDAVIT
Affidavit of
Mrs. _______, W/o ________, R/o _______, _______, New Delhi-24, do hereby
solemnly affirm and declare as under :-
1. That I am the complainant 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 rejoinder
to reply has 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.
3. The facts stated therein may kindly be
read as part and parcel of the present Affidavit also as the contents of the
same have not been reproduced herein for the sake of brevity.
VERIFICATION
:-
Verified at
Delhi on this ___, day of May, __ that the contents of the above Affidavit are
true and correct to my knowledge, nothing material has been concealed there
from.
DEPONENT
C.C./__/__/2015.
__________ : COMPLAINANT
___________ : RESPONDENTS
D.O.H.: _______
REJOINDER
ON BEHALF OF THE COMPLAINANT TO THE REPLY FILED BY THE RESPONDENTS.
MOST
RESPECTFULLY SHOWETH :-
REJOINDER ON MERITS : -
1. That the contents of para 1 of the reply to
the application is reiterated. However, the contents of the complaint may be
read as integral part of this replication on the same is no repeated for the
sake of brevity.
2. That the contents of para 2 of the reply are
reiterated, hence denied. However, the contents of the complaint may be read as
integral part of this replication on the same is no repeated for the sake of
brevity.
3-8. That the contents of paras 3-8 of the reply to
the application is wrong and denied. However, the contents of the plaint may be
read as integral part of this replication on the same is no repeated for the
sake of brevity.
Prayer clause of the reply to the application is
absolutely wrong and specifically denied. The respondents are not entitled to
the relief claimed for.
Any allegation made in the reply of the application
and are not specifically denied herein are absolutely wrong and specifically
denied and its non specifical denial shall not be taken as an admission on the
part of the complainant.
It is therefore most respectfully prayed
that the relief may kindly be granted in favour of the complainant and against
the respondents as prayed in the replication, in the interest of justice,
equity and circumstances of the case.
It is prayed
accordingly,
DELHI COMPLAINANT
THROUGH
DATED
_____________
ADVOCATES
____________,
New Delhi-110013.
G. PETITION NO. __/2015.
_______________ : PETITIONER
_________________ :
RESPONDENTS
AFFIDAVIT
Affidavit of ___________,
S/o Sh. ……………., R/o ………………………….. New Delhi, do hereby solemnly affirm and
declare as under :-
1. That
I am the petitioner in the above noted matter and am well conversant with the
facts of the case and am also competent to swear the present affidavit.
2. That the contents of the accompanying rejoinder
to reply to the application have been drafted by my counsel as per my
instructions and the contents of the same have been duly read over and
understood by my vernacular language and after fully understanding the contents
of the therein are all true and correct to my knowledge.
DEPONENT
VERIFICATION :-
Verified at
Delhi on this _____, day of July, 2016 that the contents of my above affidavit
are true and correct to my knowledge, no part of it is false and nothing
material has been concealed therefrom.
DEPONENT
