Written statement with affidavit by respondent in divorce petition under Hindu Marriage Act
0 of 28 blanks filled
IN THE COURT OF Court name, LD. PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI
HMA CASE No. HMA case number/Year
IN THE MATTER OF: -
Petitioner's name…PETITIONER
VERSUS
Respondent's name…RESPONDENT
INDEX
| S.NO. | PARTICULARS | Page No. |
|---|---|---|
| 1. | Written Statement on behalf of the Respondent along with affidavit |
| 2. | Vakalatnama |
RESPONDENT
DELHI
Dated-THROUGH
COUNSEL
Office- Counsel's office address
Mob- Counsel's mobile number
Email-
IN THE COURT OF Court name, LD. PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI
HMA CASE No. HMA case number/Year
IN THE MATTER OF: -
Petitioner's name…PETITIONER
VERSUS
Respondent's name…RESPONDENT
WRITTEN STATEMENT ON BEHALF OF THE RESPONDENT, Respondent's name
MOST RESPECTFULLY SHOWETH: -
PRELIMINARY SUBMISSIONS:
I.At the outset, the Respondent in limine denies each and every averment and allegation made in the divorce petition filed by the Petitioner, to the extent that they are inconsistent with what is set out hereunder by way of the present reply. Unless specifically admitted, nothing contained in the petition shall be deemed to have been admitted by the Respondent for want of specific traverse. The petition is liable to be dismissed at the very threshold, since the Petitioner has not approached this Hon'ble Court with clean hands and is guilty of falsus suggerit and suppression of material facts. The Petitioner is guilty of misrepresentation as well as suppression of various material and relevant facts from this Hon'ble Court, and the pleadings in the petition have been deliberately drafted in a manner designed to surreptitiously obtain relief from this Hon'ble Court.
II.That the present divorce petition filed by the Petitioner is a gross misuse of the process of law. The petition is false and fictitious, as the Petitioner has not suffered any cruelty at the hands of the Respondent. The Petitioner is not maintaining the Respondent and is deliberately concealing material facts; hence, the present petition is liable to be dismissed with exemplary costs.
III.That the Petitioner has not approached this Hon'ble Court with clean hands and has not stated the true facts, while concealing material facts from this Hon'ble Court. In this regard, it is submitted that all the incidents and occasions set out by the Petitioner are purely concocted, self-imaginary and self-serving fabrications. This only reflects how the Petitioner and the Petitioner's family members spoiled the marital relations between the parties, and how, with their influence and overbearing conduct, they sought to terrorise and harass the Respondent and the Respondent's family members. The Petitioner and the Petitioner's family members are themselves 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 manner, the Petitioner and the Petitioner's family members, of their own accord, seek to break the marital relations between the parties, and as such the Petitioner is not entitled to any relief from this Hon'ble Court. The present petition, being a bundle of lies, may kindly be dismissed with exemplary costs.
IV.That the present petition filed by the Petitioner against the answering Respondent is not maintainable, being false, frivolous and devoid of any cause of action; hence, the petition deserves outright dismissal. The Petitioner has instituted this false, frivolous and fabricated petition, based on a concocted story, in order to harass, humiliate and defame the Respondent in society. The Petitioner has further concealed material facts 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, with the design of harassing the Respondent and dragging her into frivolous litigation so as to spoil her life on account of the non-fulfilment of their alleged dowry demand.
PARAWISE REPLY: -
1.That the contents of paragraph no. 1 are a matter of record and do not require any specific reply from the Respondent; the same are denied except to the extent that the marriage ceremony was performed with great pomp and show, attended by all family members, close relatives and friends. It is denied, as stated by the Petitioner, that the marriage between the Petitioner and the Respondent was conducted in a simple manner.
2.That the contents of paragraph no. 2 of the petition are a matter of record, as they relate to the age and address of the Petitioner, and therefore do not require any reply from the Respondent.
3.That the contents of paragraph no. 3 of the petition are a matter of record and therefore do not require any reply from the Respondent.
4.That the contents of paragraph no. 4 of the petition, as stated, are absolutely false, fabricated, wrong and incorrect, and are therefore denied as under: -
(i)That the contents of paragraph no. 4(i) of the petition are correct only to the extent that, after the marriage, the Respondent went to her matrimonial home. It is important to submit that from the very onset of the marriage, i.e., Date of marriage (onset of taunting), e.g., 0X.0X.20XX, the mother-in-law began taunting the Respondent, saying that she had brought nothing from her parental home and that they had made a grave mistake in getting their son married to her. There was no love or affection shown towards the Respondent by the Petitioner's family. Whatever the Respondent did was never enough for the in-laws, and they remained indifferent towards her at all times.
(ii)That the contents of paragraph no. 4(ii) of the petition are wrong, incorrect and are vehemently denied. It is further denied that the Respondent ever refused to take responsibility for her matrimonial home, and it is denied that she ever described herself as having come to the matrimonial home as a maid. It is, however, pertinent to mention that the Respondent's mother-in-law sarcastically taunted the Respondent about her attire.
(iii)That the contents of paragraph no. 4(iii) of the petition are wrong, incorrect, false, frivolous and fabricated, and are therefore denied. It is further vehemently denied that the Respondent's conduct and behaviour had changed, that she failed to pay respect to her in-laws, or that she did not heed the requests of the Petitioner. It is a gross exaggeration and a bundle of lies on the part of the Petitioner that the Respondent cooked food only of her own choice and never prepared food for anybody else on request, whereas the facts are entirely contrary to what the Petitioner seeks to portray. The Petitioner and the Petitioner's family members never missed an opportunity to abuse the Respondent and to mentally harass and torture her. It is further emphatically denied that the parents of the Respondent misbehaved with the Petitioner and the Petitioner's family members, and it is also denied that they ever stated that the Respondent was a master of her own will who did as she pleased. It is likewise a wrong, incorrect and meaningless allegation that the Respondent's behaviour towards her in-laws was hostile; on the contrary, it was the hostile behaviour of the in-laws and the Petitioner to which the Respondent was subjected from the very inception of the marriage.
(iv)That the contents of paragraph no. 4(iv) of the petition are wrong, incorrect, false, frivolous and fabricated, and are therefore denied and put to strict proof before this Hon'ble Court. All the contents of this paragraph are meaningless, incorrect and hypothetical, and are therefore vehemently denied. The Petitioner is merely fabricating stories of allegations against the Respondent.
(v)That the contents of paragraph no. 4(v) of the petition are wrong, incorrect, false, frivolous and hypothetical, and are denied in toto. It is submitted that these allegations are baseless, and that the Petitioner is merely seeking to misuse the process of law and to place the blame for the collapse of the marriage upon the Respondent, whereas in reality the Petitioner is the actual culprit. The Respondent has always been a devoted wife and daughter-in-law and never dreamt of divorce.
(vi)That the contents of paragraph 4(vi) are false, frivolous, misconstrued, concocted and incorrect and are vehemently denied by the respondent.
(vii)That the contents of paragraph 4(vii) are false, frivolous, misconstrued, concocted and incorrect and are vehemently denied by the respondent.
(viii)That the contents of paragraph 4(viii) are false, frivolous, misconstrued, concocted and incorrect and are emphatically denied, and the petitioner is put to strict proof thereof. The facts are contrary to what the petitioner has stated. The respondent was badly beaten up by the petitioner without any rhyme or reason. On Date the petitioner took the respondent to her parental house, the petitioner took the respondent to her parental house and ostensibly advised her that she should stay there until conditions improved at his own house. Thereafter, the petitioner never responded to the telephone calls of the respondent or of her family. The petitioner used to abuse the family of the respondent and used to say that the situation had worsened only because of her. The petitioner also threatened her that he would teach her and her parents a lesson in case she or her parents did anything objectionable against him or his family.
(ix)That the contents of paragraph 4(ix) are false, frivolous, misconstrued, concocted and incorrect and are therefore emphatically denied. The respondent, finding no alternative, went to her matrimonial house on Date the respondent returned to the matrimonial house. The family of the petitioner hurled abuses at the respondent and used filthy language about her family. The petitioner, along with his other family members, threw the respondent out of the matrimonial house, and the respondent was rendered homeless. She had to take a room on rent, and she even requested the petitioner to keep her with him, but he replied that he had no money for her rent or food. It is further denied that the respondent used to bring food from outside or that she kept stale food for the petitioner.
(x)That the contents of paragraph 4(x) are false, frivolous, misconstrued, concocted and incorrect and are therefore emphatically denied; the petitioner is put to strict proof of the call records. It is further denied that the respondent used filthy remarks against any member of the petitioner's family, whereas the petitioner himself and his parents kept antagonising the respondent on account of her not bringing sufficient dowry in accordance with their wishes and expectations.
(xi)That the contents of paragraph 4(xi) are false, frivolous, misconstrued, concocted and incorrect and are therefore emphatically denied, as the allegation that the respondent did not allow the petitioner to join the Name of the police force the petitioner serves in is completely baseless, whereas the respondent herself has been trying to find a room to live with her in-laws. Nothing in this petition can be believed, as the entire petition is a bundle of lies presented through a concocted story.
(xii)That the contents of paragraph 4(xii) are false, frivolous, hypothetical and baseless and are therefore emphatically denied.
(xiii)That the contents of paragraph 4(xiii) are false, frivolous, fabricated and baseless and are therefore emphatically denied. It is further denied that the petitioner ever came to the respondent's house. The allegation that the petitioner offered Rs. Amount petitioner offered (₹)/- or that the respondent's family demanded Rs. Amount allegedly demanded (₹)/- is erroneous. In Indian society, a family of a daughter would never demand money from their son-in-law. The petitioner is concocting absurd stories to portray the respondent and her family in a bad light so as to shift focus from his own misdeeds. It is further denied by the respondent that she did not allow the petitioner to have physical relations with her. The marriage between the petitioner and the respondent has been duly consummated, and the respondent has always been a dutiful wife. The statements made by the petitioner are fabricated words set out in the petition in order to depict the respondent in an absolutely horrifying manner. The respondent has never made any wrongful demands upon the petitioner and has always behaved as a dutiful and loving wife and daughter-in-law towards the petitioner and his family.
5.That the contents of paragraph 5 are false, frivolous, fabricated, baseless and hypothetical and are therefore emphatically denied. It is vehemently denied that the respondent treated the petitioner with cruelty, causing him physical and mental torture, pain and agony. It is further emphatically denied that the respondent deserted the petitioner without any reasonable cause in order to lead a life free of matrimonial obligations and social restrictions. On the contrary, it is submitted that it is the petitioner who left the respondent in order to lead a life free of his matrimonial obligations towards her. It is further submitted that the petitioner left the respondent at a rented accommodation while going for his training camp and promised to take her back when he returned from the training. It is pertinent to mention here that the respondent did not wish to live in the rented accommodation and therefore requested the petitioner to leave her at their matrimonial home, as all her clothes, jewellery and other household articles were lying there; however, the petitioner refused 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 it is further denied that it has become injurious for the petitioner to live in the company of the respondent, or that the respondent has caused any apprehension of danger to the life or limb of the petitioner. Further, the petitioner cannot be permitted to take mischievous advantage of his own wrongful acts against the respondent, and the respondent shall prove the same during the trial of the case. It is also submitted that the claim that the respondent physically harmed the petitioner in any manner whatsoever is erroneous. The petitioner is a well-built man serving in the Name of the police force the petitioner serves in as a Petitioner's police rank and has undergone strenuous physical training for the post; it is hardly believable that the respondent could have even laid a finger on him.
6.That the contents of paragraph 6 are false, frivolous, fabricated, baseless and hypothetical and are therefore emphatically denied. It is, however, pertinent to mention that the brutal conduct of the petitioner towards the respondent made her life a living nightmare. The respondent never obstructed the petitioner from maintaining his parents and was herself a dutiful daughter-in-law, but the petitioner had a responsibility and a social obligation towards the maintenance of the respondent as well, which he never fulfilled. It is important to mention here that the present petition has been filed by the petitioner for the sole reason that he wishes to marry another girl so that he can obtain more dowry from her family, now that the petitioner is appointed as a Petitioner's police rank in the Name of the police force the petitioner serves in, whereas the actual fact is that the respondent is ready to join the company of the petitioner and always wants him in her life as her husband, and has never sought a divorce. It is the belief of the 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 paragraph 7 are nothing but a bundle of lies uttered and set out by the petitioner in his petition and are nowhere close to the reality of what has happened, and is still happening, in the marital life of the petitioner and the respondent. The petitioner has an evil design of his own. The petitioner wants to obtain a decree of divorce by misrepresenting the facts before this Hon'ble Court and wants to remarry some other woman for more dowry, now that he is a Petitioner's police rank in the Name of the police force the petitioner serves in and holds a government job. He has not even once stood by the respondent in front of his family. The petitioner never respected the respondent and was always torturing and harassing her, both mentally and physically. The respondent does not want a divorce and wishes to live a respectable life with the petitioner as his wife.
8.That the contents of Paragraph 8 are false and incorrect. In fact, it is the petitioner himself who has committed acts of cruelty upon the respondent by failing to maintain her and by subjecting her to mental as well as physical torture.
9.That Paragraph 9 requires no reply from the respondent.
10.That the contents of Paragraph 10 require no reply from the respondent.
11.That the contents of Paragraph 11 are false and erroneous. It is pertinent to submit that there exists no legal ground entitling the petitioner to seek or obtain any relief whatsoever from this Hon’ble Court.
12.That the contents of Paragraph 12 require no reply from the respondent.
13.That the contents of Paragraph 13 require no reply from the respondent. It is submitted that the respondent’s paternal home is situated at Respondent's paternal home address, and the marriage was, in fact, solemnized at the said place only.
14.That the contents of Paragraph 14 require no reply from the respondent.
15.That the contents of the prayer clause are erroneous and ought not to be allowed under any circumstances. It is most respectfully submitted that this Hon’ble Court may be pleased to dismiss the petitioner’s false and fabricated petition with exemplary costs, so as to deter all others who seek to abuse the process of law.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to:
(a)dismiss the present divorce petition filed by the petitioner, with exemplary costs imposed upon the petitioner for wasting the precious judicial time of this Hon’ble Court;
(b)pass such other and further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case, in favour of the respondent and against the petitioner.
Place of signing by respondent's counselRESPONDENT
Dated:Through
Counsel
Counsel's name
Office: Counsel's office address
Mob.: Counsel's mobile number
Email: Counsel's email address
VERIFICATION:
I, the above-named Respondent, do hereby state on solemn affirmation that the contents of Paragraphs 1 to 15 of the written statement, along with the preliminary submissions (being the reply to the petition filed by the petitioner), are true and correct to the best of my knowledge and belief, and are true to the information received and believed by me to be accurate. The last paragraph is the prayer made to this Hon’ble Court.
Verified at Place of verification on this Day of verification day of Month of verification, Year of verification.
Respondent
IN THE COURT OF Court name Full designation of the court, Place where the court is located
HMA CASE No. HMA case number/Year
IN THE MATTER OF:
Petitioner's name…PETITIONER
VERSUS
Respondent's name…RESPONDENT
AFFIDAVIT
I, Deponent's name, W/o Deponent's husband's name, D/o Deponent's father's name, R/o Deponent's address, do hereby solemnly affirm and declare as under:
1.That the deponent is the Respondent in the above-mentioned case and is filing the present written statement/reply; she is, therefore, competent to sign and swear this affidavit.
2.That the contents of the accompanying written statement/reply have been drafted by the counsel for the respondent, and all the legal averments made therein are true and correct, in the belief of the respondent, being based on the legal advice rendered to her and believed by her to be correct.
3.That the respondent has gone through and understood the contents of the said written statement/reply, and states that the facts stated therein are true and correct to the best of her knowledge and belief.
Deponent
VERIFICATION:
Verified at Place of verification on this Day of verification day of Month of verification, Year of verification, 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