Application under Section 24 Hindu Marriage Act by respondent for maintenance pendente lite and litigation expenses
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE COURT OF Name of the Family Court judge, Ld. PRINCIPAL JUDGE, FAMILY COURTS, NORTH DISTRICT
ROHINI COURTS COMPLEX, DELHI
APPLICATION NO/Maintenance application filing year
IN
H.M.A. NO. Maintenance application number OF Year of maintenance application
IN THE MATTER OF: -
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
N.D.O.H.: Date of next hearing
APPLICATION UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955 ON BEHALF OF THE RESPONDENT Respondent's name
MOST RESPECTFULLY SHOWETH: -
1.That the respondent, being the legally wedded wife of the petitioner, has always shown her love, affection, attachment and willingness towards the petitioner and his family members, has maintained the dignity and respect of the petitioner's family, and has always fulfilled her marital obligations towards the petitioner. The respondent had and continues to have deep love and affection for the petitioner and had cherished many dreams with him; however, the petitioner has shattered all the dreams of the respondent by filing a false and frivolous petition for divorce. When the respondent attempted to persuade and console the petitioner in order to save the matrimonial relationship, the petitioner did not appreciate her efforts. The respondent, her parents and other relatives made every possible effort to make the petitioner understand and to save the matrimonial life, but all such efforts proved futile. The respondent was asked to leave the matrimonial home by the petitioner's family and was forced to stay at her parental home with only a few clothes. The petitioner neither brought her back nor permitted the respondent to reside in her matrimonial home.
2.That the respondent was married to the petitioner on Date of marriage at Place of marriage according to Hindu rites, customs and ceremonies, with great pomp and show. The father of the respondent incurred substantial expenditure on the said marriage, and all the articles given in the marriage are in the custody of the petitioner and his in-laws.
3.It is submitted that the respondent met the petitioner in the year Year respondent met petitioner, he being a cousin brother in the respondent's relation, and thereafter they fell in love, and since Year of deep involvement they were deeply involved with each other, both physically and emotionally. However, as the respondent was residing in First city where respondent resided, they were able to meet less frequently. In the year Year families established contact, the families of the respondent and the petitioner established a relationship between them, when the respondent was merely 14 years of age, and from that age the petitioner sexually and physically abused the respondent and established physical relations with her against her wishes. It is submitted that despite such abuse, the petitioner always controlled the respondent and treated her like a puppet in his hands, and constantly threatened and pressurised the respondent that if she were to leave him, he would commit suicide.
4.That in the year Year of family shift to first city, when the respondent and her family shifted to City where respondent's family shifted in Year of shifting, the petitioner again came into contact with her, and they again began to keep each other's company, going to movies, on long drives and the like. Thereafter, the petitioner started making illegitimate demands of the respondent, including forcing the respondent to go to the washroom in order to send nude pictures.
5.That in the year Year of shift to subsequent city, the respondent's family shifted to City of subsequent family shift, and after this shifting the bond between the petitioner and the respondent became stronger. On the night of Date of phone conversation, the respondent and the petitioner spoke with each other on the phone, and on the next day the petitioner asked the respondent to come to his house to meet him. Accordingly, on Date of first assault incident, out of love, the respondent visited him, where he took the respondent to his room, began to seduce her, imposed himself upon her and established physical relations with her against her wishes, and made a video of the same.
6.That thereafter, the petitioner started blackmailing the respondent, stating that if she opposed him or raised her voice against him, he would defame her by disclosing the same to her family and relatives. After the incident of Date of blackmail incident, the petitioner started raising his illegal demands, including compelling the respondent to call him while she was taking a bath.
7.That upon witnessing such behaviour of the petitioner, the respondent started to ignore him and attempted to part ways with him. On Date of second assault incident, the respondent was staying at her own house, and this fact was within the knowledge of the petitioner. The petitioner then called the respondent, assuring her that he would delete her videos and photographs in her presence, and believing his assurance, she went to the parking area, where the petitioner forced the respondent to sit in his car and once again established physical relations with her forcibly and against her wishes.
8.That, to the utter shock and dismay of the respondent, the petitioner blocked the respondent on Facebook, Instagram and WhatsApp. The respondent's Phupha (uncle) called the petitioner and asked him whether he was willing to marry the respondent, whereupon the petitioner flatly refused to marry her. Being aggrieved, the Relative of respondent who spoke to petitioner's sisters of the respondent then spoke with the sisters of the petitioner and informed them of the seriousness of the matter, upon which they assured him that they would look into the matter and sought time of two to three days; however, they did not respond thereafter.
9.That on 0X.Month of visit to petitioner's house.Year of visit to petitioner's house, the father of the respondent, along with some relatives, visited the house of the petitioner, whereupon they insulted the father of the respondent and his relatives and also levelled false allegations against the character of the respondent. The mother of the petitioner taunted and insulted the respondent by saying "Taunt made by petitioner's mother". Not only this, they also insulted the respondent's father and relatives and asked them to go back, failing which they would call the police.
10.That thereafter, the respondent realised that the petitioner had wholly exploited her during her minority, as the petitioner's family thereafter started an assassination of the character of the respondent in society and among relatives. The respondent further entertains a fear and apprehension that the petitioner may make the said photographs and video viral on social media.
11.That on 0X.0X.Year of FIR lodging, the respondent lodged a FIR under Section 376 IPC vide FIR No. FIR number/Year of FIR number, PS Police station, against the petitioner. On the same day, the respondent was medically examined, and on the next day, her statement was recorded under Section 164 Cr.P.C., wherein she stated that she was physically abused by the petitioner while she was a minor. When the family of the petitioner came to know about the registration of the said FIR/case, they started pressuring the family members of the respondent to marry the petitioner. Thereafter, the respondent's parents, under pressure of society and relatives, finalised the marriage of the respondent with the petitioner.
12.That it is pertinent to mention here that the petitioner and his family members have hatched a conspiracy and, in a pre-planned manner, approached for the marriage, their sole motive being to get the said FIR lodged against the petitioner quashed. This has been clearly demonstrated by the petitioner, as after the fixing of the marriage, and even after the marriage, the petitioner started neglecting and avoiding the respondent and did not speak to her positively.
13.That after the fixing of the said marriage, the petitioner called the respondent to the police station for the purpose of changing her statement before the I.O., but she refused to do so, as prior to the marriage she did not wish to do anything which would adversely affect her.
14.That since Date petitioner resumed contact, the petitioner started speaking with the respondent. On Date of engagement, the engagement was performed. On Date of marriage solemnization, in Month of marriage solemnization, the marriage was solemnised, as mentioned above.
15.That after the marriage, the petitioner and his family members took away all the gold and silver jewellery belonging to the respondent and continue to retain the same in their illegal possession. On the very first day of the marriage, the brother-in-law of the respondent taunted her by saying “Petitioner's name to iss ladki se shadi karke fas gaya, yeh ladki to characterless hai aur saath mai kuch bhi dahej nahi le karaayi”, whereupon the sisters of the petitioner said, 'FIR quashed hote hi, ise iske bhikhari baap ke paas wapas bhej dena, aur hum apne bhai ki dusri shadi kara denge kisi bade gharane se'. On Date of inhaler discovery.Month of inhaler discovery.Year of inhaler discovery, during the night, the respondent was shocked to learn that the petitioner was using an inhaler; however, she ignored this fact entirely. On Date of police station visit demand.Month of police station visit demand.Year of police station visit demand, the petitioner's advocate called the petitioner and the respondent to the police station. The respondent, being extremely tired, requested the petitioner to visit on some other day, but when the petitioner informed his parents of this, they came into the room along with the petitioner and told the respondent, 'hum tujhe jaan se maar denge, agar tu yeh FIR wapas nahi legi to', whereupon the petitioner also slapped the respondent very hard. Thereafter, the petitioner directed the respondent to visit the police station, and under compelling circumstances she accordingly visited the police station. While the respondent was on her way to the police station, the petitioner told her, “yeh shaadi agar tujhe thik se chalani hai to, jald se jald FIR quash kara de aur wahi karti rah jaise mere advocate tujhe bole”. On Date of advocate's instructions.0X.Year of advocate's instructions, outside the police station at Police station where instructions given, the petitioner's advocate handed over instructions to the respondent, the subject of which was mentioned as “statement in respect of FIR No.0000/00”. Upon the respondent asking the petitioner about the same, he directed her to visit the Investigating Officer with that letter. When the respondent visited the I.O., the I.O. told her that the letter pertained to a change of statement for the quashing of the FIR. At that time, the I.O. subjected the respondent to grave mental and emotional torture, and even threatened her that if she wished to save her marriage, she would have to do so, failing which the petitioner would be sent to jail and confined behind bars forever. The I.O. further threatened that if the respondent did not give/write the said statement, the petitioner would be sent to jail under the POCSO Act, and under this pressure, and for the sake of her marriage, the respondent gave the statement. On the basis of this statement, the I.O. directed the respondent not to mention the date, and filed the same by inserting a prior date upon it; at that very moment, the petitioner and his advocate were present before the I.O. It is pertinent to mention here that the I.O. also recorded a separate statement of the respondent, in which it was recorded that she was willing to provide the site plan of her matrimonial home.
16.That after the giving of the said statement in the police station, the behaviour of the petitioner and his family members changed drastically and became extremely rude and cruel towards the respondent.
17.That the respondent, being compelled to do so, lodged a written complaint before the CAW Cell; however, no action has been taken thereon till date. The respondent has also filed a petition under Section 125 of Cr.P.C., being Maintenance Petition (MT) No. Maintenance petition number/Year of maintenance petition filing, which is pending before the Ld. Family Court, Rohini, Delhi, and has also filed a Domestic Violence Complaint against the petitioner before the Ld. M.M., Rohini Courts, Delhi, which is likewise pending adjudication.
18.That all the belongings and jewellery of the respondent are still in the custody of the petitioner and his family members.
19.That the petitioner is a man of means, is a businessman, and runs his own company under the name and style of “Name of petitioner's company”, earning approximately Rs. 00 Lakhs per month; despite this, he has neglected and failed to maintain the respondent.
20.That it is solely on account of the petitioner's involvement with various women that the petitioner has chosen to send the said notice, forcing the respondent to divorce him. The petitioner has in any event completely deserted the respondent and now seeks to sever any and all legal ties with her in order to enjoy his life (committing immoral and unlawful acts) with other women.
21.That the respondent has been forced to live a life full of misery and cruelty as a result of the acts committed by the petitioner and his parents.
REPLY ON MERITS
1.That the contents of paragraph 1 of the petition are admitted, being a matter of record.
2.That the contents of paragraph 2 of the petition are admitted only to the extent that the petitioner and the respondent were married at Place of marriage; however, it is vehemently denied that the expenses were paid by the petitioner and his family members. It is further contended and denied that the expenses of the marriage of the petitioner and the respondent were borne by the petitioner and his family.
3.That the contents of paragraph 3 of the petition are a matter of record and hence require no reply.
4.That the contents of paragraph 4 of the petition are admitted only to the extent that the respondent was a distant relative of the petitioner; however, it is denied that the respondent used to visit the neighbourhood and thus became well acquainted with the petitioner and his family. It is further submitted that the petitioner and the respondent were in a relationship prior to the marriage, and the petitioner used to persuade the respondent to accompany him to different places and spend time with him.
5.That the contents of paragraph 5 of the petition are wrong and denied in toto. It is specifically denied that the respondent proposed the marriage alliance to the petitioner. It is, however, submitted that the petitioner made false promises and lured the respondent into marriage in the future, and taking the respondent into his belief, the petitioner established physical relations with her. It is further submitted that when the respondent asked the petitioner to marry her, the petitioner refused to do so. It is further denied that the respondent approached the police station to file a false case and lodge a false FIR against the petitioner; however, it is submitted that when the respondent asked the petitioner to marry her, the petitioner flatly refused, and thereafter the respondent was constrained to lodge FIR bearing No. FIR number/FIR year (second reference) dated 0X.0X.Date-related year of FIR under Section 376 IPC, at P.S. Police station where FIR was registered.
6.That the contents of paragraph 6 of the petition are wrong and vehemently denied in toto. It is denied that, after registration of the FIR, the respondent visited the house of the petitioner on multiple occasions and persuaded the petitioner's family for the marriage, and that the petitioner's parents, considering that the respondent belonged to the same caste and community, agreed to the marriage. It is, however, submitted that the marriage was solemnised with the free consent of both parties, namely the petitioner and the respondent.
7.That the contents of paragraph 7 of the petition are admitted only to the extent that the petitioner and the respondent were married on Date of marriage.0X.Year of marriage at Place of marriage as per Hindu rites and customs; however, it is vehemently denied that the entire expenses of the marriage were borne by the petitioner's father. It is further submitted that the petitioner's father insisted that the marriage function be arranged at a place of his choice in a lavish manner befitting his standard, and he forced the respondent's father to spend a huge amount on the marriage function.
8.That the contents of paragraph 8 of the petition are wholly wrong and denied. It is vehemently denied that the respondent's father took a sum of Rs. Amount alleged taken from petitioner's father (₹)/- from the petitioner's father towards the expenses of the petitioner's side and towards gifts to be presented to the newlyweds. It is, however, submitted that the petitioner's father had demanded Rs. 5 lakhs as dowry from the respondent's father, which demand was fulfilled by him for the sake of the happiness of the respondent.
9.That the contents of paragraph No. 9 of the petition are admitted only to the extent that, after the marriage, the petitioner took the respondent to her matrimonial home at Matrimonial home location. However, it is vehemently denied that the behaviour of the respondent remained normal for a few days and thereafter deteriorated after one month. It is further denied that the respondent thereafter started abusing and humiliating the petitioner and his parents. It is submitted that the petitioner married the respondent in order to extricate himself from the clutches of the FIR registered against him by the respondent under the relevant sections of the IPC as well as the POCSO Act. It is further submitted that the respondent was beaten, tortured and harassed, both physically and mentally, in her matrimonial home, and that subsequently she was thrown out of the matrimonial home when the petitioner was granted interim bail by the Hon'ble Court in the said FIR registered against the petitioner.
10.That the contents of paragraph No. 10 of the petition are wrong and are vehemently denied in toto. It is specifically denied that in Month of FDR demand, Year of FDR demand, the respondent demanded that the petitioner provide an FDR of rupees Amount of alleged demand (₹) in her name on the ground that she felt insecure. It is further denied that any security of rupees Amount of alleged demand (₹) was given to the respondent.
11.That the contents of paragraph No. 11 of the petition are wrong and denied in toto. It is vehemently denied that the respondent stopped establishing physical relations with the petitioner, despite advances made by him on multiple occasions, on the ground that unless the petitioner arranged an FDR of Rupees Amount of alleged demand (₹) in her name she would not do so. It is further denied that the respondent refused to permit the petitioner to touch her. It is submitted that, whenever the respondent attempted to develop physical relations with the petitioner, he refused, stating that he no longer derived pleasure from the respondent as he had before the marriage.
12.That the contents of paragraph No. 12 of the petition are wrong and denied in toto. It is categorically denied that the respondent left the society of the petitioner, went to her parental home and declined to cooperate in the petition under Section 482 Cr.P.C. filed by the petitioner for quashing of FIR bearing No. Number of FIR sought to be quashed. It is submitted that the respondent was compelled to leave the matrimonial home and was subsequently thrown out of the matrimonial house when the petitioner was granted interim bail by the Hon'ble Court in the said FIR registered against the petitioner. It is further denied that the respondent declined the settlement between the parties.
13.That the contents of paragraph No. 13 of the petition are wrong and denied in toto. It is denied that the respondent sent messages to the petitioner to settle the matter or else face dire consequences. It is further denied that the respondent filed a false criminal complaint before the CAW Cell on Date of CAW Cell complaint and also filed a case under Section 12 of the PWDV Act, pending in the Hon'ble Court of Name of the MM's court, Ld. MM, District North, Rohini Court Complex, Delhi. It is submitted that, on account of the atrocities, physical abuse and humiliation meted out to the respondent by the petitioner and his family members, the respondent was constrained to file a legitimate criminal complaint before the CAW Cell, CAW Cell location, against the petitioner and his family members, and consequently to file a case under Section 12 of the PWDV Act.
14.That the contents of paragraph No. 14 of the petition are wrong and denied in toto. It is vehemently denied that several meetings took place between the petitioner and the respondent for settlement, and that the respondent is now demanding a sum of Rs. Amount of alleged demand (₹) for cohabiting with the petitioner. It is submitted that the petitioner has thrown the respondent out of her matrimonial home and is now attempting to defame the respondent and to malign her character and image. It is further submitted that the respondent has not asked for a single penny from the petitioner; on the contrary, the respondent wishes to reside with the petitioner and to lead a happy and peaceful married life, but the petitioner has no such intention and seeks to rid himself of the respondent.
15.That the contents of paragraph No. 15 of the petition are wrong and denied to the extent that the petitioner has been treated with utmost cruelty by the respondent. It is submitted that the petitioner seeks to take advantage of his own wrong; he has therefore concocted a false and frivolous story, on the basis of which he has filed the present divorce petition to obtain a divorce from the respondent. It is further submitted that the respondent was beaten, tortured and harassed, both physically and mentally, in her matrimonial home, as a result of which her life has been made a misery.
16.That the contents of paragraph No. 16 of the petition are wrong and denied in toto. It is submitted that the respondent wishes to reside with the petitioner and to lead a happy and peaceful married life with him and his family members at the matrimonial home, but the intentions and actions of the petitioner and his family members are to the contrary, and the petitioner seeks dissolution of the marriage without any cogent ground.
17.That the contents of paragraph No. 17 of the petition are wrong and denied in toto. It is specifically denied that, during the proceedings before the CAW Cell, the respondent retreated from her demand for Rupees Amount of alleged demand (₹). It is further denied that, upon the said demand not being fulfilled, the respondent became adamant for the registration of an FIR against the petitioner and his family members.
18.That the contents of paragraph No. 18 of the petition are admitted only to the extent that the respondent has filed a list of her istridhan articles. It is vehemently denied that the respondent has grossly exaggerated the jewellery claimed, and it is further denied that the respondent is already in possession of the jewellery. It is further denied that the respondent nowhere mentioned that her father was given Rs. Amount allegedly paid by petitioner's father for marriage expenses (₹) by the petitioner's father for the purchase of goods and for expenses at the time of the marriage. It is submitted that the list of istridhan articles claimed is legitimate and true, and none of the items claimed remains in the possession of the respondent. All the articles claimed as istridhan in the concerned complaint are in the possession of the petitioner. It is further submitted that not a single penny has been demanded by the respondent or her family from the petitioner or his family for any purpose. Further, the petitioner is bound to prove the said transaction along with evidence.
19.That the contents of paragraph No. 19 of the petition are true and correct.
20.That the contents of paragraph No. 20 of the petition are false and denied.
21.That the contents of paragraph No. 21 are a matter of record and hence require no reply.
22.That the contents of paragraph No. 22 are wrong and denied. It is stated that there is no legal ground to admit the present petition, and the same is therefore liable to be dismissed.
23.That the contents of paragraph No. 23 are a matter of record and hence require no reply.
24.That the contents of paragraph No. 24 are wrong and denied. It is specifically denied that the cause of action to file the present petition arose on each and every occasion enumerated in the petition, when the petitioner was allegedly treated with cruelty by the respondent.
25.That the contents of paragraph No. 25 are a matter of record and hence require no reply.
The prayer clause of the petition, along with its sub-paragraphs, is absolutely wrong and is specifically denied. The petitioner is not entitled to any of the reliefs claimed therein.
P R A Y E R
In the facts and circumstances stated herein above, the petitioner is not entitled to any of the reliefs 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.
DELHIRESPONDENT
THROUGH
DATED
Counsel's name & ASSOCIATES
Office - Counsel's office address
Mob - Counsel's mobile number
•Counsel's mobile number (second line)
VERIFICATION: -
I, the above-named respondent, state on solemn affirmation that the contents of paragraphs 1 to 25 of the reply on merits of the written statement are true, and that the contents of paragraphs 1 to Last paragraph number of preliminary submissions of the preliminary objections/submissions are correct as per information received and believed to be true; the last paragraph is the prayer to this Hon'ble Court. Verified at Place of verification on this Date of verification day of … Year of verification.
RESPONDENT
IN THE COURT OF Name and designation of the presiding Judge
Court complex and city.
H.M.A. NO. Divorce petition (H.M.A.) number OF Year of divorce petition filing.
IN THE MATTER OF: -
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Mrs. Respondent's name, D/o Respondent's father's name, W/o Respondent's husband's name, aged about Respondent's age years, R/o Respondent's address, the above-named respondent, who solemnly affirms and declares as follows: -
1.That I am the respondent in the above-mentioned case, am well conversant with the facts of the case, and am 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; the contents thereof have been duly read over and explained to me and understood by me, and after fully understanding the same, I hereby state that the facts stated therein are true and correct to my knowledge.
DEPONENT
VERIFICATION: -
Verified at Place of verification on this Date of affididavit verification, day of Month of affidavit verification, Year of affidavit verification, that the contents of the above affidavit are true and correct to my knowledge and belief, and that nothing material has been concealed therefrom.
DEPONENT