IN THE COURT OF XXX,
LD. PRINCIPAL JUDGE, FAMILY COURTS, KARKARDOOMA COURTS, DELHI
HMA CASE No. XXX /20XX
IN THE MATTER OF: -
XXXX …PETITIONER
VERSUS
XXXX …RESPONDENT
INDEX
S.NO. |
PARTICULARS |
Page No. |
1. |
Written Statement on behalf of respondent
along with affidavit |
|
2. |
Vakalatnama |
|
RESPONDENT
DELHI
Dated- THROUGH
COUNSEL
Office- XXXXX
Mob- XXXXX
Email- XXXX
IN THE COURT OF _________,
LD. PRINCIPAL JUDGE, FAMILY COURTS, KARKARDOOMA COURTS, DELHI
HMA CASE No. XXX /20XX
IN THE MATTER OF: -
XXXX
…PETITIONER
VERSUS
XXXX …RESPONDENT
WRITTEN STATEMENT ON BEHALF OF RESPONDENT XXX
MOST RESPECTFULLY SHOWETH: -
PRELIMINARY SUBMISSIONS:
I.
At the outset the Respondent in
limine, deny each and every averment and allegation made in the divorce
petition filed by the petitioner, which are inconsistent with what is set out
hereunder by the Respondent by way of present reply. Unless specifically
admitted, nothing in the petition is deemed to have been admitted by the
respondent for want of specific traverse and the petition filed by the
petitioner is liable to be dismissed at the very threshold, since the
petitioner has not come before this threshold, since the petitioner has not
come before this Hon’ble Court with clean hands and is guilty of “suggestion
falsi” and suppression vari”. The petitioner is guilty of
misrepresentation as well as suppression of various material and relevant facts
from this Hon’ble Court and the pleadings of the petition have been
deliberately formatted in a manner, so as to try and surreptitiously obtain a
relief from this Hon’ble court.
II.
That the present divorce
petition filed by the Petitioner is a great misuse of process of law, the
petition is false and fictitious because the petitioner has not suffered any
cruelty at the hands of the respondent, the petitioner is not maintaining the
respondent and he is deliberately concealing material facts and hence the
present petition is liable to be dismissed with exemplary costs.
III.
That the petitioner has not come to this
Hon’ble Court with clean hands and has not stated true facts and concealed
material facts from this Hon’ble Court. In this respect it is submitted that
all the incidents and occasions as made out by the petitioner are purely concocted,
self-imaginary and self-cooked up stories by the petitioner. It only reflects as
to how the petitioner and her family members spoiled the marital relations
between the petitioner and respondent and with their influence and dictating
behaviour the petitioner and her family members tried to terrorize and harass
the respondent and her family members. The petitioner himself and his family
members are responsible for the fate of the marriage and in order to cover up
their own wrongs and misdeeds they have levelled false and outrageous
allegations against the respondent. In
this way the petitioner and her family members of their own want to break
marital relations of the parties and as such the petitioner is not entitled to
get any relief from the Hon’ble court. Hence the present petition filed by the
petitioner being bundle of lies may kindly be dismissed with exemplary costs.
IV. That the present petition is filed by the
petitioner against the answering respondent is not maintainable as the same
being false, frivolous, and without any cause of action, hence the petition
deserves for outright dismissal and the petitioner has instituted this false,
frivolous and fabricated petition based on concocted story in order to harass,
humiliate and defame the respondent in the society and the
petitioner has further concealed the material fact from this Hon’ble Court and
has filed the present petition with wrongful motives, based on self-made
concocted stories without any strict documentary proof and designs to harass
the respondent and drag her in frivolous litigations to spoil her life due to
non-fulfilment of their dowry demand according to them
PARAWISE
REPLY: -
1.
That the contents of
para no.1 are matter of record and does not need any specific reply from the respondent
and is denied all except the fact that marriage ceremony was performed with
great pomp and show and all the family members and close relatives, friends
attended the same and it is denied as stated by the petitioner that the
marriage of the petitioner and respondent was conducted in a simple manner.
2.
That the contents of
para no.2 of the petition are matter of record as the same relates to the age
and address of the petitioner and the respondent therefore does not need to be
replied.
3.
That the contents of
para no.3 of the petition are matter of fact therefore does not need any reply
from Respondent
4.
That the contents of
para no.4 of the petition as stated are absolutely false, fabricated, wrong and
incorrect therefore denied as under: -
(i). That the contents of para no. 4(i) of the
petition are correct to the extent that after marriage the respondent went to
her matrimonial house. It is important to submit that from the onset of
marriage i.e 0X.0X.20XX, the mother-in-law begin taunting by saying that she
had brought nothing from her house and they did blunder mistake by getting
their son married to her. There was no love affection from the side of the
petitioner’s family towards the respondent. Whatever the respondent did was
never enough for the in- laws and they were always indifferent towards her.
(ii)
That the contents of para no. 4(ii) of the petition are wrong, incorrect and
are vehemently denied. It is further denied that the respondent never refused
to take the responsibility of her matrimonial house and never mentioned words
like that she has come to the matrimonial house as a maid. Although it is
pertinent to mention here the mother-in-law of the respondent sarcastically
taunted to the outfit of the respondent.
(iii)
That the contents of para 4(iii) are wrong, incorrect false, frivolous and
fabricated therefore denied. It is further vehemently denied that her conduct
and behaviour had changed as she did not pay respect to her in-laws and it is
also a false allegation that the respondent did not pay any heed towards
request or adhere to the petitioner. It is exorbitant height of bundle of lies
of the petitioner that the respondent made food as per her own choice and never
prepared food for anybody else on request whereas the matter of fact is
entirely contrary to what the petitioner is trying to portray. The petitioner
and his family member never missed a chance to abuse the respondent, mentally
harass and torture her. It is further empathetically denied that the parents of
the respondent have misbehaved with the petitioner and his family members and
also denied that they had ever stated that the respondent is the master of her
own will, wish and she does whatever she likes. It is also incorrect, wrong and
meaningless allegation that the behaviour of respondent is hostile towards her
in-laws and on other hand it was the hostile behaviour of the in laws and the
petitioner that the respondent was subjected to since the inception of the
marriage of the petitioner and respondent.
(iv)
That the contents of para 4(iv) are wrong, incorrect false, frivolous and
fabricated therefore denied and should be put to strict proof in this Hon’ble
Court. All the contents of this para are meaningless, incorrect and
hypothetical therefore vehemently denied. The petitioner is just cooking up
stories of allegations against the respondent.
(v).
That the contents of para 4(v) are wrong, incorrect false, frivolous and
hypothetical and are denied in toto and it is submitted that these allegations
are baseless and the petitioner is just trying to misuse the power of law and
put blame of the collapsing marriage on the respondent, whereas in reality the
petitioner is the actual culprit and the respondent has always been a devoted
wife and daughter-in-law and never dreamt of divorce.
(vii)
That the contents of para 4(vii) are false, frivolous, misconstrued, concocted
and incorrect are vehemently denied by the respondent.
(viii)
That the contents of para 4(viii) are false, frivolous, misconstrued, concocted
and incorrect and are empathetically denied and should be put by this Hon’ble
Court to strict proof. The facts are contrary to what the petitioner has
stated. The respondent was badly beaten up by the petitioner without any rhyme
& reason. On 0X.0X.20XX the petitioner had taken the respondent to her
parental house and seemingly advised her that the she should stay there till
the condition improves at his own house and thereafter the petitioner never
responded to the phone calls of the respondent and her family. petitioner used to
abuse the family of the respondent and used to say that the situation became
worst only due to her and the petitioner also threatened her that he would
teach them a lesson in case if she or her parents will do anything
objectionable act against him or his family.
(ix).
That the contents of para 4(ix) are false, frivolous, misconstrued, concocted
and incorrect therefore the same is empathetically denied whereas the
respondent after finding no alternative went to her matrimonial house on 0X.0X.20XX.
The family of the petitioner hurled abuses towards the respondent and used
filthy language about her family. The petitioner along with his other family
members had thrown the respondent out from the matrimonial house and the
respondent became homeless. She had to take a room on rent and even requested
to the petitioner to keep her with them but replied that he didn’t had money
for her rent and food. It is further denied that the respondent used to bring
food from outside often and she used to keep stale food for the petitioner and
(x).
That the contents of para 4(x) are false, frivolous, misconstrued, concocted
and incorrect therefore are empathetically denied in want of strict proof of
call record. It is further denied that the respondent used filthy remarks
against anyone from his family, whereas the petitioner himself and his parents
kept antagonising with the respondent due to not bringing enough dowry according
to their wish and expectations.
(xi).
That the contents of para 4(xi) are false, frivolous, misconstrued, concocted
and incorrect and are therefore empathetically denied as these allegations are
completely stupid and baseless that the respondent did not allow the petitioner
to join U.P. Police Force whereas she herself has been trying to find the room
to live with her in-laws. There is nothing can be even considered from anywhere
of this petition because whole petition is bundle of lies presented through a
concocted story.
(xii).
That the contents of para 4(xii) are false, frivolous, hypothetical and
baseless hence are empathetically denied.
(xiii)
That the contents of para 4(xiii) are false, frivolous, fabricated and baseless
hence empathetically denied. It is further denied that the petitioner ever came
to the respondent’s house. The allegations pertaining to the petitioner
offering Rs. _____/- or the respondent’s family demanding Rs. ______/- is
erroneous. The Indian Society never would have seen a family of a daughter
demands money from their son-in-law. The petitioner is making absurd stories to
portray the Respondent and her family in the bad light to shift focus from his
own ill doings. It is also further denied by the Respondent that she did not allow
the petitioner to make physical relationship with her. The marriage between the
petitioner and respondent had been duly consummated and the respondent has
always been a dutiful wife. The statements stated by the petitioner are made up
words spitted out on the petition to show the respondent in an absolute horror
picture. The respondent has never made any erroneous demands from the
petitioner and always behaved as a dutiful and loving wife and daughter in law
to the petitioner and his family.
5.
That the contents of
para 5 are false, frivolous, fabricated, baseless and hypothetical therefore
empathetically denied. It is vehemently denied that the respondent treated the
petitioner with utmost cruelties giving him physical and mental torture, pain
and agony. It is further emphatically denied that the respondent deserted the
petitioner without any reasonable cause and in order to lead free life without
any matrimonial obligation and social restrictions. However, it is submitted
that it is the petitioner who left the respondent to lead free life and to get
rid of matrimonial obligation towards the respondent. It is further submitted
that the petitioner left the respondent on a rented accommodation while going
for his training camp and promised her to take back when he would return from
his training. Here it is pertinent to mention the respondent didn’t wish to
live in rented accommodation therefore she requested the petitioner to leave
her at their matrimonial home because all of her clothes, jewellery and other household
items were at her matrimonial home but the petitioner denied to take the
respondent to her matrimonial home and left for his training. It is denied that
the life of the petitioner has become miserable at the hands of the respondent
and further denied that it has become injurious for the petitioner to live in the company of the respondent and
the respondent has caused apprehension of the danger to the life and limb of the
petitioner.
Further
the petitioner cannot be allowed to take mischievous advantage of his own
wrongful act against the respondent and the same can be proved by the
respondent during the trial of the case. It is also submitted that the claims
that the respondent has physically harmed the petitioner in any manner
whatsoever is erroneous. The petitioner is a well built man serving in U.P.
Police as a Constable and had just undergone the strenuous physical training to
become so, it is hardly believable that the respondent could even put a finger
on him.
6.
That the contents of
para 6 are false, frivolous, fabricated, baseless and hypothetical therefore
empathetically denied. However, it is pertinent to mention that the because of
the brutal conduct of the petitioner towards her made her life a living
nightmare. The respondent never obstructed the petitioner from maintaining his
parents and was a dutiful daughter-in-law herself but the petitioner has a
responsibility and a social obligation towards maintain the respondent also
which he never fulfilled. It is important to mention here that the present
petition is filed by the petitioner for only one reason to marry other girl, so
that he can get more dowry from her family, since petitioner is appointed as
constable in Uttar Pradesh Police, while the actual fact is that respondent is
ready to join the company of petitioner and always need him in her life as
husband and never demand for divorce. It is the belief of respondent that “HUM
JEETE EK BAAR HAIN, HUM MARTE EK BAAR HAIN, HUM PYAR EK BAAR KARTE HAIN, AUR
SHADI BHI EK BAAR HOTI AUR YAHI SHADI USKI EK SHADI HAI AUR WO DIVORCE KISI BHI
KEEMAT PAR NAHI DENA CHAHTI HAI”.
7.
That the contents of
the Para 7 are just a big bundle of lies that the petitioner has uttered and
spatted in his petition and is nowhere closer to the reality of what has
happened and still happening in the marital life of the petitioner and respondent.
The petitioner has an evil plan hatched for himself. The petitioner wants to
get the decree of divorce by misrepresenting the facts in this Hon’ble Court
and wants to remarry some other women for more dowry as now he is a Constable
in U.P. Police and has a government Job.
He has never tried once to stand for the respondent in front of his
family. The petitioner never respected the respondent and was always torturing/
harassing her both mentally and physically. The respondent does not wants a
divorce and wishes to live with the petitioner a respectable life as his wife.
8.
That the contents of Para 8 are false and in fact, it is the petitioner himself, who has
committed cruelties upon the respondent by not maintaining her and torturing
her mentally as well as physically.
9. That Para 9 needs no reply from the
respondent.
10.
That the contents of
Para 10 need no reply from the respondent.
11.
That the contents of
Para 11 are false and erroneous. It is pertinent to submit that there is no
legal ground that the petitioner has to get any relief whatsoever from this
Hon’ble Court.
12.
That the contents of
Para 12 need no reply from the respondent.
13.
That the contents of Para 13 need no reply
from the respondent. The respondent’s paternal home is situated at ______________
and the marriage was indeed solemnized there only.
14.
That the contents of
Para 14 need no reply from the respondent.
15.
That the contents of
the prayer clause are erroneous and the same should not be allowed in any
condition whatsoever. The Hon’ble Court should see to it that the petitioner’s
false and fabricated petition is dismissed with exemplary costs to set an
example for all others, who abuse the process of law.
PRAYER:
It is most respectfully prayed that this
Hon’ble Court may kindly be pleased to dismiss the present divorce petition filed
by the petitioner with exemplary costs on the petitioner for wasting the precious
judicious time of the Hon’ble Court.
Pass
any other order(s) which this Hon’ble Court deems fit and proper in the facts
& circumstances of the present case in favor of the respondent and against
the Petitioner.
Delhi Respondent
Dated: Through
Counsel
XXXXXXXXXXXXXXX
Office - X
Mob- X
Email- XXXX
Verification:
I,
the above-named Respondent state on solemn affirmation that the Paras No. 1 to
15 of the written statement along with the preliminary submissions (reply to the
petition filed by the petitioner) are true and correct to the best of my
knowledge and belief are true to information received and believed to be accurate.
The last Para is the prayer to this Hon’ble Court.
Verified
at Delhi on this _____ day of _____, 20XX.
Respondent
IN THE COURT OF XXX XXX, LD. PRINCIPAL JUDGE, FAMILY COURTS, KARKARDOOMA COURTS, DELHI
HMA CASE No. _____ /20XX
IN THE MATTER OF: -
XXXX …PETITIONER
VERSUS
XXXX …RESPONDENT
AFFIDAVIT
I, XXX,
W/o XXXX, D/o XXXX, R/o XXXXXXXXXXXXXXX do hereby solemnly affirm and declare
as under: -
1. That
the deponent is the Respondent in the abovementioned case, filing the present
written statement/reply hence, competent to sign this affidavit.
2. That
the content of the accompanying written statement/reply is drafted by the
counsel of the respondent and all the legal averments are true and correct to the belief of the respondent which is based on legal advice rendered and believed
to be correct.
3. That
the respondent has gone through and understood the contents of the same, and
says that the facts stated therein are true and correct to the best of her
knowledge.
VERIFICATION:
Verified
at Delhi on ___ day of _____ 20XX that the contents of the above affidavit are
true and correct to the best of my knowledge and belief and nothing material
has been concealed therefrom.
Deponent