IN THE COURT OF MS.XXX XXXX, LD. M.M.; DISTT. _____TIS HAZARI COURTS, DELHI.

MC/XX/20__

IN THE MATTER OF:-

XXXXXXX                                                          COMPLAINANT

VERSUS

XXXX XXXXXXX                                               RESPONDENT

REPLY ON BEHALF OF THE COMPLAINANT TO THE APPLICATION FILED UNDER SECTION 21 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005.

MOST RESPECTFULLY SHOWETH:-

PRELIMINARY OBJECTIONS/SUBMISSIONS:-

1.                 That the present application filed by the respondent is devoid of merits and is a malicious attempt to pressurize the complainant, who has already been subjected to domestic violence and harassment.

2.                 That the welfare of the minor child is of paramount importance, and the same cannot be compromised under any circumstances. The respondent’s violent behavior and lack of responsibility have caused significant emotional distress to the child. The respondent has failed to demonstrate any genuine interest in the welfare of the minor child. His application seeking visitation rights appears to be an afterthought to create hurdles in the complainant’s life rather than a bona fide attempt to maintain a relationship with the child.

3.                 While it is acknowledged that a child has the right to the love and affection of both parents, it is equally important that such rights do not jeopardize the mental and emotional well-being of the child. The Hon’ble Supreme Court, in cases such as Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42, has reiterated that the welfare of the child is the sole criterion in matters of custody and visitation. Given the respondent’s past conduct, granting visitation rights would not be in the best interest of the minor child.

4.                 That the respondent has a history of aggressive and erratic behavior, which has created an unsafe environment for both the complainant and the minor child. The complainant apprehends that granting visitation rights may expose the child to further harm and emotional trauma. The respondent’s failure to fulfill his parental obligations consistently and responsibly disqualifies him from seeking the discretionary relief prayed for in his application.

5.                 That the minor child has been under the sole care and custody of the complainant, who has been ensuring his physical, emotional, and educational needs are met. Any interaction with the respondent, who has displayed a lack of empathy and responsibility, is likely to disrupt the child’s routine and negatively impact his well-being.

6.                 That the respondent has approached this Hon’ble Court with unclean hands, concealing his violent and negligent behavior, which has adversely impacted the complainant and the minor child’s welfare.

7.                 That the respondent’s failure to consistently fulfill his financial and parental responsibilities demonstrates his lack of genuine concern for the minor child’s welfare. The present application is a tactical maneuver rather than a bona fide request.

8.                 That the welfare of the minor child is of paramount importance. Considering the respondent’s history of aggression and neglect, granting visitation rights would be contrary to the child’s best interests.

9.                 It is submitted that the application of the Respondent is not maintainable in the present form, as it fails to establish that visitation rights are in the best interest of the minor child.

10.             That the present application has been moved by the Respondent is not maintainable and full of lies and the reason for making the application is also untrue, false, baseless and is liable to be dismissed on the ground alone.

REPLY ON MERITS:-

1.                 That the contents of para 1 of the application are a matter of record. However, it is denied that the proceedings initiated by the complainant are baseless or filed with mala fide intent.

2.                 That the contents of para 2 of the application are admitted to the extent of the marriage between the parties on 05.10.2008 and the birth of the minor child, Master XXXX, on 18.07.2014.

3.                 That the contents of para 3 of the application are wrong and vehemently denied. It is denied that the applicant has not met with the minor since and thereafter the applicant and the minor child have been deprived of each other's company and love, which are essential for both especially for the welfare of the minor child. It is submitted that the complainant submits that the beahvior of the respondent are violent and neglectful has caused significant emotional and psychological harm to the minor child. Any deprivation of company has been due to the respondent’s own actions.

4.                 That the contents of para 4 of the application are wrong and denied. It is denied that the applicant has been making regularly monthly payment to the non-applicant for maintenance of the minor child. Any financial contribution made by the respondent has been irregular and insufficient to meet the minor child’s needs.

5.                 That the contents of para 5 of the application are wrong and denied. The citing judgments of the Hon’ble Supreme Court, are denied as misconstrued. The respondent has selectively quoted judgments without addressing his own failure to fulfill the principles laid down therein, including ensuring the welfare of the minor child.

6.                 That the contents of para 6 are wrong and denied. The citing judgment of the Hon’ble Supreme Court, are denied as misconstrued. The respondent’s behavior has not been conducive to the child’s welfare or development. Co-parenting requires mutual respect and responsibility, both of which the respondent has failed to demonstrate.

7.                 That the contents of para 7 are wrong, denied as incorrect. While the minor child is entitled to love and care from both parents, such rights cannot override concerns about safety and emotional well-being caused by the respondent’s conduct.

8.                 That the contents of para 8 are wrong and denied. The welfare of the child is indeed paramount, and it is in the child’s best interest to remain in the sole custody of the complainant, who has consistently ensured his well-being.

9.                 That the contents of para 9 are wrong and denied. The respondent’s claim of entitlement to visitation rights is baseless in light of his past behavior and lack of genuine concern for the child’s welfare.

10.             That the contents of para 10 are wrong and denied. The respondent’s request for visitation rights is not made in good faith and does not consider the adverse impact it may have on the minor child.

11.             That the contents of para 11 are wrong and denied. The application lacks bona fides and has been filed with ulterior motives to harass the complainant.

Prayer para of the application is absolutely wrong and specifically denied.

PRAYER:-

In view of the aforementioned submissions, it is most respectfully prayed that this Hon’ble Court may be pleased to:

(a)             Dismiss the application filed by the respondent seeking visitation rights for the minor child, with heavy costs as the same is devoid of merits and not in the best interest of the child; and

(b)             Pass such further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and may pass in favour of the Complainant, in the interest of justice.

It is prayed accordingly.

DATED                                                                COMPLAINANT

PLACE : DELHI                    THROUGH

XXXX XXXXX

 (Advocate)

Counsel for Complainant

Office at _______, New Delhi-1100__.

Mob. No.+91______________

Email: ___________________

IN THE COURT OF MS.XXXXXXX, LD. M.M.; DISTT. XXXX TIS HAZARI COURTS, DELHI.

MC/XX/20XX

IN THE MATTER OF:-

XXXXXXX                                                          COMPLAINANT

VERSUS

XXXX XXXXXXX                                              RESPONDENT

AFFIDAVIT

Affidavit of Mrs. XXXXXX , about ___ years, D/o Sh. ___________

R/o _____________________New Delhi-110008., do hereby solemnly affirm and declare as under:-

1.       That I am the Complainant in the above noted matter and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.

2.       That the contents of the accompanying reply to the application under Section 21 of DV Act 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 December, 2024, 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