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

                                                                                                   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.

(vi) That the contents of para 4(vi) are false, frivolous, misconstrued, concocted and incorrect are vehemently denied by the respondent.

(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.

Deponent

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