Written Statement Sumit
Written Statement Sumit
Written Statement Sumit
VERSUS
N.D.O.H:- 04.11.2019
PRELIMINARY OBJECTIONS:
1. That the petitioner no.1 (herein after also called as wife) herself
the benefit of her own wrongs which the law does not permit as
sufficient reasons.
3. That the relevant section in which the present petition has been
than 45,000/- per month from the said job and the petitioner
and the issue that she is not able to maintain herself will not be
Company from last four months and drawing gross salary of Rs.
the present reply. That the petition under reply is also not
and also failed to quantify that how she has maintained herself
2016 itself.
also stated here that petitioner no.1 has no love and affection
with the child and when child was one month, she rejoined her
job which clearly indicating that she did not want petitioner
claim back the custody of the child from the hands of the
forced to separate from his minor school going child and also
forced to live away from his old aged parents when they
parents at Ambala. While the petitioner No.1 was living with the
parents and left the child with her parents at Ambala, petitioner
that the child will not get proper health care and education in
the said school. That moreover, the petitioner No.1 mother has
no love and affection with the child and has no sufficient time
ready to pay the school fee, all study material and other
the child is very scare and not sufficient even for separate living
said child.
wife as such between them except for the fact that the
the disease respondent no.1 not been able to bear a child and
petitioner no.1 to the said treatment and at that time, all the
were always kept by the petitioner no.1 with her and this fact
the respondent/husband.
with the present petition. Even the petitioner did not file her
10. That the Respondent not at any point of time harassed the
petitioner no.1 and actually the petitioner no.1 not ready to live
with the respondent since the day of their marriage and she
wants to live with his lover, Shidhant only and hence this
petition is not maintainable in the eyes of law and liable to be
dismissed.
11. That the present petition is not maintainable on the ground that
and his parents by often threatening him that she will commit
petitioner no.1 from the date of the marriage till she deserted
12. That the petitioner no.1 in any of the para did not disclose that
heavy cost.
proceedings.
14. That the petition under reply is not maintainable and deserves
material fact and has not come with clean hands before this
heavy cost.
respondent.
they have been very cooperative with her and made every
refused by saying that she was not house hold lady and had
was not now ready for child and also promised with the
respective family members that she will ready soon for baby
in future.
office, found that the Petitioner no.1 chats with one Shidhant
her friend from her college and wanted to marry her) and
after seeing the chats the Petitioner no.1 with Shidhant, the
same, who initially denied but after some time she accepted
the same and said that she married with the respondent
kar sakti hu” and thus she started chatting and meeting her
boy friend and she got involved with him again and also has
rahe hai”.
h. That the respondent after coming to know about the
the said factum with anyone then the Petitioner no.1 will not
daughter and assured that she will not done again in future.
from his job for take care of his matrimonial life and tried to
and also advised for some tests. It is clear that from the
thought that the Petitioner no.1 would change but that did
no.1.
n. That in the month of June, 2012 respondent again joined a
leaved the job with a view that the respondent could take
p. That the petitioner no.1 and her family members under the
or go out for dinner and the respondent had said no then the
the respondent agree with her. The petitioner no.1 would get
demands like for going out for outing etc. were not met. She
used to throw the things as well as water on the respondent
maternal uncle and the same was profitable than others and
after the birth of the child the Petitioner no.1 would change
towards the respondent and his parents but also towards her
child were not good. That the Petitioner no.1 herself willfully
not gives up her job but also joined the job in the very next
month and enjoys her life without her child. That the
requested the petitioner no.1 for leave the job for welfare of
having time to take care of her son and she is not their maid
was very bad and she never cared the new born child and
refused by saying that she did not believe in all these things
suicide.
questioned her, she stated that in her family this is not new
u. That the Petitioner no.1 herself willfully left the house of the
respondent’s father.
anybody else.
came in the evening and was shocked to see that his mother
was not in the house and when asked to the petitioner no.1,
she told him that the petitioner no.1, sent his mother to
asked the petitioner no.1 as to why she had sent his mother
some old age shelter houses and when the respondent told
her that how it was possible and that he cannot leave his
mother in lurch and that she should also respect them as her
respondent and all his family members were crazy and that
second to first floor by saying that she would not live in this
jab appne maa ko old age shelter houses me nahi chod aata)
first floor.
wife as such between them except for the fact that the
liquor on daily basis and met with one girl and made
with respondent.
respondent.
of trust.
ff. That several efforts were made by not even respondent but
the petitioner no.1 will not leave with the parents of the
petitioner no.1 are not been fulfilled, they would file a false
hh. That the petitioner no.1 and his family members are giving
of IPC, vide FIR No. 143 of 2018 without stating the reason
and fancies thinks fit to play with the life and respect of
no.1 has not filed any complaint about any alleged, which
kk. That the petitioner no.1 and her family members in collusion
substance and has caused the stress and strain and such an
point of time.
ll. That the petitioner no.1 and his family members are giving
the continuous threats that they will liquidate the life of the
short tempered lady and she intentionally not to take care the
tender aged son and the petitioner no.1 is not good and
during day time i.e. 7:00 AM to 8:00 PM; that the petitioner
no.1 is not having time to take care of her son properly and
there is no one in her house who can take care of the child;
that the attitude and nature of the petitioner no.1 and her
family members are very bad and she never cared the
so educated.
18. Thus, for the reasons set out above, it is submitted that the
admitted to herein.
45,000/- per month from the said job and the petitioner
sake of brevity.
hence denied except the facts, that after the marriage, the
and respondent.
It is also wrong and denied that the said call centers are
brevity.
love with each other and got married in the presence of their
parents.
cash from the Petitioner's father for car and jewellery under
did not realize that the demand of dowry was being made by
cars iii. Only stated that his father only agreed to give
concrete eveidence.
and denied that the father of the Petitioner No.1 had met all
Set (Weighing 5 Tola), One Gold Ring, One Gold Chain with
a very casual manner and all the expenses was born by the
Laws except the Gold Ring and Mangal Sutra were taken by
No.1 that the father of the Petitioner No.1 had not given
concrete evidence.
family members had told the Petitioner No.1 that her father
concrete evidence.
No.1 for dowry by saying that he had a very good match for
the Respondent and that the parents of the said girl were
Lakhs Only). It is also wrong and denied that Sh. Nand Lal
also wrong and denied since that day, the life the Petitioner
evidence.
the Petitioner No.1 told her In-Laws that neither she would
make a demand from her parents nor her father was in the
sake of brevity.
her to get money from her parents and now the petitioner
that it was only then the Petitioner No.1 realized that she
denied that she was very happy that her pregnancy would
and denied that all the dreams of the Petitioner No.1 were
also wrong and denied that the Petitioner No.1 was taken by
said treatment and at that time, all the expenses were born
brevity.
18) That the contents of present para of the petition, the
baseless, hence denied except the facts, that she gave birth
the Petitioner No.1 was forced to spend all her salary on the
No.1 believed the said reason also and did not suspect the
the Petitioner pot when she tried to stop him from going
also wrong and denied that the Petitioner No.1 was shocked
and even had child from said marriage. It is also wrong and
denied that the Petitioner No.1 also learnt that her Father-
In-Law, Mother-In-Law, brother-In-Law and Mama Sh. Nand
brevity.
the child in the tender age, when child more requires his
No.1, the legally wedded wife and minor child Kavish i.e.
brevity.
been forced to seek help from her parents for her day to day
Petitioner No.1 and again threatened her that they would not
fees of minor son Kavish despite the fact that all the
Petitioner No.1.
and denied that the cause of action has accrued on each and
Petitioners.
30) That the contents of present para are matter of record hence
thereof.
31) That the contents of present para are matter of record hence
is earning more than Rs. 45,000/- per month from the Job
33) That the contents of present para are matter of record hence
no need of reply.
34) That the contents of present para are matter of record hence
no need of reply.
amount as alleged.
respondent;
b) Grant exemplary costs in favour of respondent and against the
petitioner no.1;
one.
d) Pass any other order this Hon‟ble Court deems fit in the facts
It is prayed accordingly.
Respondent
Verification:
Verified at Delhi on this 9th day of September, 2019 that the contents of
paras no.1 to __ of the reply on merits are true and correct to the
knowledge and those of paras no.1 to _ of preliminary objections are true
on the basis of information received and are believed to be correct. Last
para is the humble prayer to this Hon’ble court.
Respondent