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IN THE COURT OF SH. V.K. KHANNA; LD. PRINCIPAL JUDGE;
FAMILY COURTS, WEST DISTT.
TIS HAZARI COURTS, DELHI.
H.M.A. NO. ___ OF 2024.
IN THE MATTER OF :-
________________ : PETITIONER
VERSUS
____________ :
RESPONDENT
N.D.O.H.: ………..2024
INDEX
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S.NO. |
PARTICULARS |
PAGE NO. |
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1. |
WRITTEN STATEMENT ON BEHALF OF THE
RESPONDENT ALONGWITH AFFIDAVIT |
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2. |
REPLY ON BEHALF OF THE RESPONDENT TO
APPLICATION SECTION 24 OF HMA. ALONGWITH AFFIDAVIT |
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3. |
VAKALATNAMA |
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DELHI RESPONDENT
THROUGH
DATED
_______________
ADVOCATE
_____________------------------------,
New
Delhi-110015
Mob.No.______________
Email:
_______________
IN THE COURT OF SH. V.K. KHANNA; LD. PRINCIPAL JUDGE;
FAMILY COURTS, WEST DISTT.
TIS HAZARI COURTS, DELHI.
H.M.A. NO. 789 OF 2024.
IN THE MATTER OF :-
__________________ : PETITIONER
VERSUS
_______________ :
RESPONDENT
N.D.O.H.: ………..2024
WRITTEN STATEMENT ON BEHALF OF THE RESPONDENT
TO THE PETITION UNDER SECTION 13(1)(i-a) OF THE HINDU MARRIAGE ACT, 1955 FILED
BY THE PETITIONER.
MOST RESPECTFULLY SHOWETH :-
At the outset, the respondent denied all the statements, allegations,
contentions, submissions and averments made alleged asserted and set out in the
petition under written statement keep the same were set out herein and
hereunder serially and each were specifically denied except to the extent of
specific admission made all allegations, contentions, submissions and averments
not specifically admitted as denied.
PRELIMINARY OBJECTIONS / SUBMISSIONS: -
1.
That the present petition is not maintainable in the present form as the
petition as well as the affidavit filedby
the petitioner has not been filed and verified according Delhi High Court Rules
and Order.
2.
That the petitioner is guilty of superssio-veri and falsi-sugestio. The
petitioner has not
come to this Hon’ble Court with clean hands and has forged and hammers
the true facts just to make out the false story against the respondent for
getting the divorce from this Hon’ble Court. The petitioner has unnecessarily
dragged the respondent in false litigation; hence the present petition is nothing but a
bunch of lies.
3.
That the petition contains
allegations which are bogus, wholly vexatious even to the knowledge of the
petitioner. In fact, the petitioner had filed the frivolous petition against
the respondent by sham and shady action. The frivolous and vexatious petition
called dismissed on this very score alone.
4.
That the respondent and his
parents and other relatives
made every effort to understand the petitioner for the purpose
of saving their matrimonial life and come back but all the efforts had become
futile. The Petitioner was asked to leave by the Respondent's family and forced
to stay at her parental home with few clothes. The petitioner did not come back
after so many efforts and requests of the Respondent and Respondent still want
to reconcile the matrimonial ties with the Petitioner and wants she come back
to her matrimonial home. The petitioner had filed the false and frivolous
petition before this Hon’ble Court for getting the divorce but the same is not
maintainable in the eyes of law.
5.
That the present petition
has been filed without any cause of action. No cause of action ever been arose
in favour of the petitioner and against the respondent. The petitioner has
concealed the material facts from this Hon’ble Court and also filed certain
forged, fake and fabricated documents with the oblique motive for getting the divorce and also filed
the wrong affidavit, has committed offence of perjury.
PRELIMINARY
SUBMISSIONS :-
6.
That before marriage both the parties are loving to each other since ____,
the marriage between the parties is a love
marriage and same was duly solemnized at ________, ______, New Delhi, according
to the Hindu Customs, Rites and ceremonies on _____ without any exchange of
dowry.
7.
That Respondent is a law
abiding citizen of India and has always, maintained peace and tranquility,
given rapt attention to the discharge of social, moral obligation and liability
in a fair way and up till now there is not any redressal of grievances against
the Respondent at any forum.
8.
That after the marriage,
the parties lived as husband and wife and cohabited with each other. There is
no child born out of the said wedlock. Petitioner is currently staying at her
parental home and never desired to discharge her matrimonial duties and the marriage of the Respondent and Petitioner
was solemnized without any exchange of dowry and in a low profile manner.
9.
That
the Respondent and his wife lived last together in her matrimonial home till ________
she left the house of the petitioner with all her belonging and valuables which
also includes jewellery from her matrimonial home.
10.
It is submitted that the Respondent
was always giving love and affection to the Petitioner. While Respondent away,
everything in the home was under her custody and there was no one to stop her
and taking the advantage of this liberty, Petitioner went away with all
articles.
11.
That the petitioner and
the respondent had met each other in the year _____ and the relationship which
started as casual friend, changed to lovers and ultimately, they decided to
marry each other. The petitioner and the respondent over the period of time and
after couple of meetings became friend with each other and started liking each
other’s company.
12.
That the family members
of the Respondent came to know about his relationship with the Petitioner and
the Respondent was questioned about his relationship. The Respondent has
clearly told his parent that he will marry the Petitioner and no one else. The
mother of the Respondent, had agreed and stated that if he is so much in love
with her, there is no harm in getting them married. The parents of the Respondent
had agreed for the marriage of the Respondent and the Petitioner belong to
different caste.
13.
That the marriage of the
petitioner with the respondent was solemnized as per Hindu rites and ceremonies
without, any exchange of dowry. The expenses in the marriage were also borne by
the Respondent. That it is hereby submitted that the father of the Respondent has
paid some amount in cash towards the rest of the payment in the marriage are
being searched by the father of the Respondent and undertakes to file the same
as soon as he finds the same.
14.
That after marriage, the Petitioner
was completely reluctant from creating any physical relationship with the Respondent,
though earlier they have enjoyed each other company, but now the Petitioner did
not allow the Respondent to come close to her. The Respondent was not even once
allowed to have any physical relationship with the Petitioner after marriage.
15.
It is further denied that
this averment by the Petitioner alone completely obliterates any allegation of
the cruelty made by the Petitioner, thus leading to the present proceedings
being devoid of any merit and consequently liable to be dismissed. That the Respondent
also showered all his love and affections, but the same was reciprocated.
16.
The Respondent made all
his effort to persuade the Petitioner but she on the other hand, had asked the Respondent
that she did not want to reside with the parents of the Respondent and demanded
a separate house for herself. That the Respondent had told the Petitioner that
he can't leave his parent as both are suffering various ailments especially the
mother of Respondent who was suffering from uncontrolled sugar, pulmonary
edema, coronary artery disease etc. and need a constant care but the Petitioner
had remained adamant to her demand.
17.
That the Respondent had
lack of sleep and he used to be awake all the time at night, being disturbed by
the entire situation. His love for the Petitioner was abundant, however he was
not getting the same response from the Petitioner and that hurted him more.
18.
That the Petitioner while
leaving from house took all the belongings and valuables along with her. The Petitioner
being wife of Respondent, should have taken care of Respondent, but Petitioner never
showed any love and respect and when he needed the Petitioner by her side, she
was nowhere. The Respondent wrote numerous messages to Petitioner and wanted
her to give some response, but the Petitioner showed no reciprocation and acted
like hard stone. The Respondent shared their photographs of good time spent
together, shared voice messages while crying and begging her to be at his side,
to come back and be with him, but the Petitioner failed to do so. That the Respondent
is still madly in love with the Petitioner and wants her to be by his side. The
Petitioner has left the petitioner in Jan. 2024 without any rhyme and reason
and at time when he was unwell and under depression.
19.
That all the sincere
efforts of the Respondent and his family and friends, to bring the Petitioner back
to matrimonial home to resume her matrimonial obligations have bore no fruit
and the Respondent is being made to suffer. The Petitioner has thus left the
matrimonial home, withdrawn from the society of the Respondent and deserted the
Respondent and the aforesaid acts of the Petitioner are without any just or
reasonable cause and without the consent and against the wishes of the Respondent.
It is pertinent to mention
herein that the petitioner is reserve his right to file petition under
Section 9 of the Hindu Marriage Act, 1956 to bring the Petitioner back to her
matrimonial home and living with the Respondent.
20.
It is submitted that no
one from her family, her parents, her brother and sister, ever visited his home
till date, to spend time with them as part of family. Her family was never keen
to build a family-to-family bond. There was no regular communication except for
occasional greetings on birthday/anniversary etc. That during the marriage,
neither Respondent nor anyone from his family had asked anything from Petitioner
/her family as gift/dowry etc. Respondent was having a good salary, so Respondent
never expect and never think of demanding anything from respondent or her
family. It is against the culture of Respondent family. The Respondent went
through the same ordeal and further suffered great deal of difficulty in
thinking straight for a couple of months, In these two months the Respondent tried
to convince the Petitioner not
to end the marriage, but the Petitioner always turned a deaf ear to his
requests and fight on petty issues.
REPLY ON MERITS :-
1.
That the contents of para 1 of the petition are matter of record, hence
need no reply.
2.
That the contents of para 2 of the petition are matter of record, hence
need no reply.
3.
That the contents of para 3 of the petition are matter of record, hence
need no reply.
4.
That
the contents of the Para 4 of the petition are denied to the extent that during the friendship days of the parties,
the respondent created a false image in front of the petitioner by showing that
he respects women and has good family values. It is further denied that the
respondent further showed the petitioner rosy pictures by saying that he is
earning very good and is Sole Proprietor of his aforesaid firm, he proposed the
petitioner for their marriage after few months of their close friendship. It is
further denied that the father of the petitioner spent about Rs. ____ on that
occasion.
5.
That
the contents of the Para 5 of the petition are wrong and denied. It is denied
that just
after the marriage, the behavior of the respondent and his parents started
changing. It is further denied that the respondent did not go for honeymoon,
even though rosy pictures were shown to the petitioner by him for an
international trip of honeymoon before marriage. It is further denied that the
petitioner ignored such things, as they were nothing in her mind.
It is further denied that since _____onwards prior to marriage, the respondent
has started demanding dowry in the form of gifts and kind and has started
pressurizing the petitioner by saying that this is very normal and is common
practice in his family. it is further denied that the parents of the respondent
also supported him and never stopped him for doing such cruelties upon the
petitioner. It is further denied that the demand of bed and furniture for his
bedroom with their choice, heavy shagun envelopes of cash on the festivals was
common demand by the respondent and his parents before marriage. It is further
denied that the respondent was persistent in asking the petitioner regarding
things which her (petitioner) parents certainly give to him (respondent) and
his family before/at the time/after the wedding, and on the objection of the
petitioner, the respondent started losing his temper on these issues in
day-to-day life after the marriage of the parties. It is further denied that this
behavior of the respondent was very shocking for the petitioner, and her
family.
It is further denied that rrior to marriage
aforesaid behavior of demand and pressure on the part of the respondent and his
family members led the petitioner to a disappointment from the respondent. It
is further denied that due to continuous demands of the respondent, the
petitioner broke the "Roka" (fixing of marriage with the
respondent) in ________.
6.
That
the contents of the Para 6 of the petition are wrong and denied. It is denied
that after breaking the "Roka" in ________ the respondent and
his mother started emotionally blackmailing the petitioner. It is further
denied that the respondent started showing the petitioner remorse of his bad
behavior and asking the petitioner for forgiveness, since ______, the
respondent and his mother started influencing the petitioner by telling her
that every man has anger issues and ego problems and both of them promised the
petitioner to overcome anger habits of the respondent. It is further denied
that the respondent and his mother started trapping the petitioner in one way
or the other, due to the promises, assurances and rosy pictures shown by the
respondent and his mother from _________ onwards till marriage, the petitioner
again agreed for her marriage with the respondent. It is further denied that the
parents of the petitioner also agreed for the same as it was their daughter's
decision.
7.
That
the contents of the Para 7 of the petition are wrong and denied. It is denied
that after marriage from ________ the respondent started showing the petitioner
his true colors by again demanding money by saying that the petitioner can help
him as he was in need of Rs. ______ only for his business. It is further denied
that the respondent further pressurized the petitioner to take money from her
parents for him. It is further denied that the petitioner did not want to
pressurize her parents for any financial help at that time as they were already
in financial constraint due to spending an amount of Rs. ________ in marriage. It
is further denied that the marriage of the parties was a lavish wedding on
demands of the respondent and his family for which the respondent and his
parents created a lot of pressure upon the petitioner and her parents after
fixing the marriage second time, as the petitioner was not able to arrange Rs. _____
for the respondent after marriage from her parents hence she was forced to take
a personal loan of Rs. ____on _____ by the respondent. It is further denied
that the respondent took whole loan money from the petitioner and the
respondent at that time guaranteed the petitioner that he will make payment of
monthly instalments of loan as at that time, the petitioner was not having any
source of income for repayment of loan amount. It is further denied that after
some time, the petitioner observed that this arrangement of money by her for
her husband/respondent only encouraged the respondent to start mentally harassing
the petitioner by making mean and derogatory statements about her expenditures
even though the same were the basic necessities of the petitioner. It is
further denied that the respondent wanted repayment of loan instalments from
the petitioner by arranging money from her parents or by minimizing her
expenditures. It is further denied that the respondent started harassing the
petitioner by not giving a single penny and make statements like that
"This is not your home" or "You have no right to
spend money" or "take money from your parents", such
words of the respondent humiliated the poor petitioner a lot but she kept mum
for the sake of her matrimonial life. It is further denied that the respondent
and his mother all the time pressurized the petitioner in one way or the other
to arrange money from her parents by showing themselves in financial
constraint. It is further denied that they even said that "________",
the father-in-law of the petitioner also support both of them i.e. both the
respondent and his mother. It is further denied that it was a great shock for
the petitioner that the respondent never took her out from her matrimonial home
with him until and unless there was social obligation from his family and
friends. It is further denied that in case they went out amongst the friends of
the respondent then the respondent would ask the petitioner to pay for whatever
she has ordered, after one month of marriage of the parties, under financial
constraint and mental torture, the petitioner decided that the only way she
could live with dignity and respect at her matrimonial home is to work. From __________,
the petitioner joined a job as Human Resource Coordinator in a Company namely
"___________". It is further denied that after joining the job by the
petitioner, the respondent constantly scrutinized over the earnings of the
petitioner. It is further denied that the respondent constantly eyed on her
monthly income and demanded the same just after receiving the same. It is
further denied that the respondent showed the petitioner that he is not earning
good even though he was the Sole Proprietor of his business firm and the
petitioner has seen number of cash transactions at her matrimonial home from
the hands of her husband. It is further denied that the petitioner has also
seen a personal locker of the respondent at her matrimonial home and the respondent
never disclosed the petitioner his actual income and the source of money which
was kept in the locker at her matrimonial home or the cash transaction done by
the respondent for household chores. It is further denied that the petitioner
was always discouraged to use any money for her personal needs or basic
necessities, not a single penny was given by the respondent to the petitioner
prior to her job or after that.
8.
That
the contents of the Para 8 of the petition are wrong and denied. It is denied
that the respondent and his mother spent extravagantly on themselves, in
relations and with their friends but always asked the petitioner to tell her
father to help them financially. In the month of ________, the respondent
pressurized the petitioner to put pressure on her parents to help him for Rs. ____
as the respondent wanted to gift a luxury watch to his friend namely "______"
as disclosed by the respondent, due to continuous torture and harassment of the
respondent; the parents/father of the petitioner gave him about Rs. ________
from their credit card and in cash, so that the petitioner's parents can save
her from the respondent's fights. It is further denied that an amount of Rs. _________
has been shown in credit card detail of add-on credit card of father of the
petitioner on ______ and the petitioner was totally broken down due to such
acts of the respondent and requested him to return this money to her parents as
her parents have already spent huge amount of Rs. _______ in their marriage. It
is further denied that the respondent again grabs the petitioner and under his
pressure the petitioner signed certain documents of loan. It is further denied
that the respondent took another loan from "CRED" (financial app) in
the name of the petitioner on _______, which was amounting about Rs. ____, it
was against the wishes of the petitioner and only after that the respondent
returned Rs. _______ of his parents-in-law. It is further denied that the
respondent was extracting money from the parents of the petitioner by one way
or the other and on my continuous request of the petitioner for returning the
money of her parents the respondent kept standing loans in the name of the
petitioner .as mentioned above.
It is further denied that till _______, the petitioner
realized that there was no transparency in the income of the respondent and the
respondent was exploiting her in connivance with his parents specially his
mother. It is further denied that the respondent has taken several credit cards
in the name of the petitioner, after __________, the petitioner was working and
had stable income so in that view the respondent made fool to the petitioner
and arranged credit cards in her name. it is further denied that the respondent
used these credit cards for his personal use and rotated money from one source
to another and the respondent further burdened the petitioner with an approx.
amount of Rs. _____ via credit cards in the year_____. It is further denied
that in this way, the petitioner was/is under a debt of Rs. ______ through
personal loan, CRED loan, Credit card loan all taken by the respondent, however,
the respondent is returning the minimum amount payable on these loans on
monthly basis.
9.
That
the contents of the Para 9 of the petition are wrong and denied. It is denied
that the petitioner while residing at her matrimonial home from _____ to ___
January ____, was harassed in number of ways by using derogatory remarks, by
abusing her by the respondent and his mother or by saying "_____, ………."etc.
It is further denied that the respondent and his mother alienated the
petitioner from society and she was not allowed to meet with her friends and
parents. It is further denied that the respondent also demanded that if she will go to her parent's home then she
should put a leave application on an e-mail or in writing two days before. It
is further denied that the respondent and his mother continuously put false
allegations upon the petitioner, her friends and on her parents and penalize everyone's character, which
gave the petitioner immense pain and humiliation.
10.
That
the contents of the Para 10 of the petition are wrong and denied. It is denied
that during _____ the toilet at the matrimonial home of the petitioner was in
need of repair, when the petitioner asked the respondent for repairing the same
then the respondent told her to pay for repair of the toilet herself or borrow
money from her parents. It is further denied that such type of incident took
place on number of occasions for each and everything like for vegetables, milk,
household facilities etc. etc. when the petitioner's limits of patience crossed
then, she disclosed certain issues of this type to her parents, her parents
seeing the mental health condition, harassment, torture, humiliation and pain
of the petitioner met with the respondent and his family members. It is further
denied that they politely discussed the aforesaid problems of the petitioner
with the respondent and his parents as their acts were slowly and steadily
breaking the mental health of the petitioner which they observe. It is further
denied that initially, the petitioner did not disclose her harassment by the
respondent and his parents to her parents as her marriage was a love cum
arranged marriage and the petitioner did not want to bother her parents. It is
further denied that during discussion with the respondent and his mother, they
assured the parents of the petitioner to finish all the loans taken in
petitioner's name within a span of two months and to keep her well. It is
further denied that they also assured the petitioner and her parents that they
will treat her in a better way as the petitioner was under constant threat of
physical abuse and mental harassment of the respondent. It is further denied
that the parents of the respondent further assured the petitioner and her
parents not to use abusive words and to pass derogatory remarks upon her. It is
further denied that even after the aforesaid assurances the respondent did not
mend his ways and the petitioner was constantly scared for her safety and
security at her matrimonial home as the petitioner had seen the respondent
shouting, abusing, being physically violent, at one point of time, the
respondent had raised hands on his own father and tried to choke him. It is
further denied that the parents of the respondent never stopped him from
committing cruelties of above-mentioned nature upon the petitioner, probably,
the respondent's parents were also scared of him.
11.
That
the contents of the Para 11 of the petition are wrong and denied. It is denied
that despite constant re-assurances of the respondent and his parents to
improve their behavior towards the petitioner and to return the loan taken in
her name, nothing was changed/ done by them. It is further denied that they
took all the wedding jewellery of the petitioner given by parents of both sides
and extended relative's family worth approx. Rs. _____, and kept that jewellery
in another locker holding by father of the respondent Mr. Sanjiv Puri, till
date the Stridhan including whole jewellery of both sides are in possession of
the respondent and his parents. It is further denied that the respondent is not
returning the same even though the petitioner and her mother have asked for the
same to the respondent and his mother. It is further denied that the parents of
the respondent were very instrumental in keeping the jewellery of the
petitioner given to her from both sides and both of them also always instigate
the respondent to pressurize the petitioner to borrow money from her parents. It
is further denied that the respondent and his parents are the persons of
unlawful nature and have criminal bent of mind, a criminal case (probably
cheating and theft) is pending against them. It is further denied that the
petitioner has seen and heard the respondent and his parents discussing about a
FIR against them regarding keeping jewellery in exchange of financial help to
one lady (a friend of mother of the respondent) and not returned the same to
her during _____. It is further denied that the complaint in that ease was
lodged by a very close friend of mother of the respondent and that case is
still pending, at one point of time the petitioner took part in their
discussion regarding that case and requested them to return the jewellery of
said lady. It is further denied that the petitioner was very much harassed and
abused on this suggestion of her by the respondent and his parents and the
petitioner reserve her right to place the said FIR on record as and when the
same will be available to her.
It is further denied that the respondent harassed and
tortured the petitioner not only in connivance with his parents but also in
personal space of her, a number of times he forced the petitioner to
made sexual relations ignoring the physical and mental state of the petitioner
claiming that the petitioner is under his roof and sharing his bed or married
to him or it is his right and her duty to fulfill his physical needs. It is
further denied that the petitioner failed to corporate the respondent then he
alleged her as a "Bad wife material" and abused her in filthy
language as mentioned above (few abuses cannot be written in black and white).
12.
That
the contents of the Para 12 of the petition are wrong and denied. It is denied
that the respondent stopped the petitioner from eating rice forcefully during ____
even though it is a part of
her stable diet from last ___ years, when the petitioner asked the respondent
that why she cannot eat rice then the respondent claimed that rice is not a
good food for him and his mother due to health reasons and as they cannot eat
rice so a daughter-in-law of their family must not eat it. It is further denied
that they all forced the petitioner to skip her meal for a number of nights as the
petitioner is fond of rice and could not digest chapatis all the time, moreover,
eating chapatis on all occasions is not her habit. It is further denied that sometimes
when the petitioner ordered food from outside due to aforesaid reason then the
respondent pressurized her to order something for him claiming that he is
habitual of having second dinner at late night hours and the petitioner paid
for it. It is further denied that under compelling circumstances, the
petitioner developed poor eating habits at her matrimonial home which led her
to several health issues and weight gain creating depression in her.
13.
That
the contents of the Para 13 of the petition are wrong and denied. It is denied
that during ______, when the petitioner was mentally, physically and
emotionally breakdown form the behavior of the respondent and his family
members, the respondent pressurized her to be awake till late hours of night to
take care of his mother by giving massage on her feet, taking care of her
medicines, personal necessities, day to day needs, her entertainment etc. and
bound the petitioner to be at home for that purpose all the time, if there was
a delay in providing aforesaid 'facilities to the mother of the respondent then
the respondent Shouted/Screamed in front of his family members or friends. It
is further denied that according to the respondent being a daughter-in-law it
was the duty of the petitioner to serve her mother-in-law in all ways whatever
she wants or the respondent desired. It is further denied that the mother of
the respondent was having some medical history but she was working and doing
work as a Tarot card reader and travelled internationally for her work, which
can be seen from her passport details, till __________, the relations of the
petitioner and the respondent ended as husband and wife. It is further denied
that their matrimonial tic was only for the purpose of arranging the petitioner
as a home care taker or as a tool to extract money from her parents. It is
further denied that the Facebook friendship of the parties proceeded as a
wedding tie only because the petitioner is one of the legal heirs of her
well-off parents. It is further denied that the parents of the petitioner have
no son and the petitioner is having only one sister, such things were discussed
at the matrimonial home of the petitioner a number of times between the
respondent and his parents in front of the petitioner. It is further denied
that even the respondent and his parents were desirous to get all the assets of
the parents of the petitioner as the only sister of the petitioner is married
and settled abroad. It is further denied that the parents of the respondent
used her credit card of ____ Bank against her wishes and purchased gold of Rs. _____/-
for their daughter as her marriage was fixed in ______, however, later on they
transferred this money due to the reason best known to them. It is further
denied that the respondent and his parents pressurized the petitioner since the
day of marriage till the day of separation for a male child and according to
them a girl will only be a burden, whenever the petitioner objected such
thinking of them, then the respondent and his parents and called her "Dumb",
"____", "______", "____", "___" and
from other insulting words as mentioned above. It is further denied that it is because
of this pressure the petitioner was consciously abstain herself from having
physical relation with her husband / Respondent.
14.
That
the contents of the Para 14 of the petition are wrong and denied. It is denied
that during _______ the respondent planned to buy a new car and took the
delivery of the car in _____, he demanded money from the petitioner and
instructed the petitioner to contribute money for monthly EMI of car loan in
case she sit/use the said car. It is further denied that the respondent
specially went to _____ to bid for VIP number of his new car and spent a huge
amount for VIP number i.e. worth Rs. _____. It is further denied that the
respondent was only lying and manipulating before the petitioner by telling her
that he does not have money in view of extracting money from her parents since
the day of marriage. It is further denied that the respondent spent huge amount
of money for his new car bearing no. ______ (Car Maruti Jimny-SUV) and claimed
that the money belongs to his firm and he can spend it for his happiness only, and
the fact of VIP number of car mentioned above can be verified from the RC of
the said vehicle. It is further denied that the respondent further told that
the petitioner as a wife does not deserve anything. It is further denied that the
respondent treated the petitioner very poorly and insulted her parents by
abusing them in front of her, thus, under the constant insult and mental,
financial pressure, emotional and physical violence, the petitioner was forced
to leave her matrimonial home on ________ by the respondent. It is further
denied that the respondent and his parents have not bothered for the petitioner
since the day of her leaving her matrimonial home (_____) or since the day of
separation/not having relations as husband and wife (_____) and never offered
her any type of support which she as a wife deserves.
15.
That
the contents of the Para 15 of the petition are wrong and denied. It is denied
that the marriage of the parties has irretrievably be broken down and parties
are not in relation as husband and wife since ______ even though they resided
under the same roof for some time between ______ to _____. It is further denied
that there is no chance of their reconciliation or reunion and the petitioner
is not in a position to see his future with the respondent, hence the
petitioner has filed the present petition.
16.
That
the contents of the Para 16 of the petition are matter of record, hence need no
reply.
17.
That
the contents of the Para 17 of the petition are matter of record, hence need no
reply.
18.
That
the contents of the Para 18 of the petition are wrong and denied.
19.
That
the contents of the Para 19 of the petition are wrong and denied.
20.
That
the contents of the Para 20 of the petition are wrong and denied.
21.
That
the contents of the Para 21 of the petition are wrong and denied. It is denied
that the marriage between the parties is virtually a dead wood and there is
total irretrievably break down of marriage, as there is no prospect of any
conciliation or patch-up or reunion between the parties, as they have reached a
point of "no return".
22.
That
the contents of the Para 22 of the petition are matter of record, hence need no
reply.
23.
That
the contents of the Para 17 of the petition are matter of record, hence need no
reply.
24.
That
the contents of the Para 17 of the petition are matter of record, hence need no
reply.
25.
That
the contents of the Para 25 of the petition are wrong and denied.
Prayer clause of the petition along with its
sub paras are absolutely wrong and specifically denied. The petitioner is not
entitled for any relief claimed for.
P R A Y E R
In the fact and
circumstances herein above, the petitioner is not entitled for any relief as
claimed, it is therefore, most respectfully prayed that the petition of the
petitioner may kindly be dismissed with heavy costs, in the interest of
justice.
Pass such other and further order(s) as this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case.
DELHI RESPONDENT
THROUGH
DATED
_____________________
ADVOCATE
__________________------------------------------,
New
Delhi-110015
Mob.No._________________
Email: __________________
VERIFICATION :-
I, above named respondent
states on solemn affirmation that the contents of paras No.1 to 25 of the reply
on merits of the written statement are true and paras No.1 to ……. of
preliminary objections / submissions are correct as per information received
and believed to be true, last para is prayer to this Hon'ble Court. Verified at
Delhi on this ___ day of _____.
RESPONDENT
IN THE COURT OF SH. V.K. KHANNA; LD. PRINCIPAL JUDGE;
FAMILY COURTS, WEST DISTT.
TIS HAZARI COURTS, DELHI.
H.M.A. NO. ___ OF 2024.
IN THE MATTER OF :-
_______________ : PETITIONER
VERSUS
_________ :
RESPONDENT
AFFIDAVIT
Affidavit of Mr. ____, S/o Shri ____,
aged about ____ years, R/o __________------------, Delhi-110015, the
above-named respondent solemnly affirm and declares as follows:-
1. That I am the respondent 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 written
statement to the petition have 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.
VERIFICATON:-
Verified at Delhi on this
____, day of June, 2024 that the contents of the above Affidavit are true and
correct to my knowledge, nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF SH. V.K. KHANNA; LD. PRINCIPAL JUDGE;
FAMILY COURTS, WEST DISTT.
TIS HAZARI COURTS, DELHI.
H.M.A. NO. ____ OF 2024.
IN THE MATTER OF :-
______________ : PETITIONER
VERSUS
___________ :
RESPONDENT
REPLY
ON BEHALF OF THE RESPONDENT TO THE A
PRELIMINARY SUBMISSIONS:
1. That the applicant has based her
application on total falsehood by twisting and distorting material facts
besides concealing the fact that the Petitioner herself is getting gross salary
of more than Rs……../- per month and otherwise earning more than Rs._____ month
by additional online work. The Petitioner has not placed her salary slip on
record. Applicant has also not placed on
records the details of her movable and immovable assets including details of
bank accounts.
2.
That averments made in the written
statement to the petition under section 13(1) (ia) of
4.
That the Petitioner /wife
was never interested to live with the Respondent as his wife. This application
is filed by the Petitioner with ulterior motives only to harass the Respondent.
The Petitioner has inflicted worst form of mental and physical cruelty upon the
Respondent. The present application has been filed with the intention to harass
and to extract money from the Respondent.
This application is an abuse of the process of law, hence deserves
dismissal with costs.
1. That
the present application for maintenance pendente lite deserves dismissal with
cost. The Petitioner has sufficient income to support and maintain herself.
2. That
on the one hand the applicant Petitioner is earning gross emoluments of Rs……/-
per month and with online private work she earns additionally at least Rs……./-
per month. Thus, Petitioner is earning
more than Rs……./- per month. The Petitioner
does not need any further amount towards maintenance pendente lite considering
her needs.
3. Under
S.24 of the Act, this Hon’ble Court has to see if the Petitioner who may either
be wife or husband has no independent income sufficient for her or his support
and the necessary expenses of the proceeding, and then award expenses of the
proceeding and such sum every month, having regard to the Petitioner’s own
income and the income of the Respondent, which may seem to the court to be
reasonable. This section may be contrasted with S.25 of the Act which deals
with permanent alimony and maintenance. Under S.25, the court may order the
respondent to pay to the applicant for her or his maintenance and support, till
her or his lifetime, either a lump sum amount or such monthly or periodical
sum, having regard to the respondent's own income and other property, if any,
and the income and other property of the applicant, the conduct of the parties
and other circumstances of the case, which the court might deem just. It may be
noticed that heading of S.24 of the Act is "Maintenance pendente lite and
expenses of proceedings". The section, however, does not use the word
"maintenance", but it appears that the words "support" and
"maintenance" are synonymous. "Support" means "to
provide money for a person to live on", like "he supports a
family" or "he supports his old mother". Maintenance is "an
act of maintaining", i.e. to support with money. For example, "he is
too poor to maintain his family". In deciding the application under S.24
of the Act, the court has to act in accordance with sound judicial principles
and cannot act in an arbitrary fashion to the prejudice of either of the
parties. The following principles would appear to be relevant for the purpose:
Two corollaries may be added here : (1) In arriving at
the income of a party only involuntary deductions like income-tax, provident
fund contribution, etc., are to be excluded; and (2) though under the law
opposite party may not be obliged to maintain brother or sister but if that
brother or sister having no income is living with the opposite party as member
of his family and where either there are no parents or are unable to maintain
themselves, the court may in a given circumstance consider the expenses to be
incurred on the maintenance of brother or sister by the opposite party. After
all, court cannot be expected to adopt a mechanical approach while interpreting
the provisions of law incorporating principles of social justice like S.24 of
the Act.
4. That
at present the Respondent is unemployed. The Respondent also suffered bouts of
depression on account of mental cruelty inflicted by applicant respondent
repeatedly since marriage. The Respondent thus does not have enough means to
even support his old aged and ailing parents and himself whereas on the other
hand the Petitioner has more than enough means not only to maintain
herself. The Petitioner never cared to
ask the Respondent of his well-being as she is the most self-centered person
and totally indifferent to her matrimonial obligations.
5.
7.
That the averment that
the Respondent is earning of Rs. ______ Per Month is false and denied.
REPLY
ON MERITS :
1.
That the contents of para
1 of the application that the petition under Section 13 of the Hindu Marriage
Act for dissolution of marriage between the parties is false and are wrong and
denied.
2.
That the contents of para
2 of the application are matter of record, hence need no reply.
3.
That the contents of para
3 of the application are matter of record, hence need no reply.
4.
That the contents of para
4 of the application are wrong and denied.
It is denied that the Respondent/Husband is a _________ from __________
and doing his own business in designing and manufacturing LED lights with the
name and style of "_______________.", he is doing his own business
and is earning about Rs. 5 Lakhs p.m. it is further denied that the parents of
the respondent are also earning and doing their own work, the mother of the
respondent is a Tarot Card reader and provide services nationally and
internationally. It is further denied that the father of the respondent is
Director in respondent's business and getting income, the only sister of the
respondent is in America since last approx. 9 years (as known to the
applicant). It is further denied that the family of the respondent is a
well-off family, having various properties in their names and various source of
their income too. The allegations made in the para under reply are totally
vague and baseless and even meaningless.
5.
That the contents of para
5 of the application are wrong and denied. It is denied that the applicant/
wife since the day of separation (______) from the Respondent/ Husband is
maintaining herself and the respondent has not offered her any financial
support. It is further denied that all the Stridhan and jewellery and joint
properties is in the possession of the respondent and his family which they are
not returning to the petitioner.
6.
That the contents of para
6 of the application are wrong and denied. It is denied that the applicant/
wife do not want to burden her parents for her livelihood. It is further denied
that the Petitioner requires an amount of ______/- p.m. (___ ____ only) as her
maintenance as per the status of her husband. Out of which she is earing Rs. ____/-
p.m. at present.
7.
That the contents of para
7 of the application are wrong and denied. It is denied that the Respondent/ husband is the man of
means and is leading a luxurious life, he has intentionally and deliberately
neglecting and deserted the applicant/ wife and has not made any provision for
her maintenance. It is further denied that the Respondent/ husband has not
spent even a single penny towards the maintenance of the applicant till date
and has not made any provision for her maintenance.
8.
That the contents of para
8 of the application are wrong and denied. It is denied that the applicant/wife has no movable and
immovable property in her name.
PRAYER
The application of the applicants is false, frivolous,
vague, bald and without any basis and is abuse of the process of law as well as
abuse of process of this Hon’ble Court and is liable to be dismissed with
exemplary costs. It is therefore prayed that the application be dismissed with
exemplary costs.
Pass such other and further order(s) as this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case.
DELHI RESPONDENT
THROUGH
DATED
_________________
ADVOCATE
_____________________,
New
Delhi-110015
Mob.No.-------------------------
Email: ------------------------
IN THE COURT OF SH. V.K. KHANNA; LD. PRINCIPAL JUDGE;
FAMILY COURTS, WEST DISTT.
TIS HAZARI COURTS, DELHI.
H.M.A. NO. --- OF 2024.
IN THE MATTER OF :-
______________ : PETITIONER
VERSUS
_______ :
RESPONDENT
AFFIDAVIT
Affidavit of Mr. ______, S/o Shri ____
aged about ___ years, R/o _________--------------, Delhi-110015, the
above-named respondent solemnly affirm and declares as follows:-
1. That I am the respondent 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 reply
to application section 24 of HMA have 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.
VERIFICATON:-
Verified at Delhi on this
____, day of June, 2024 that the contents of the above Affidavit are true and
correct to my knowledge, nothing material has been concealed therefrom.
DEPONENT
