District: Hooghly

In The High Court at Calcutta

Civil Revisional Jurisdiction

In The Matter Of:

C.O. No. 3207 of 2015
Smt. Papiya Chakraborty
Petitioner
-

Versus -

Smt. Prabhat Bandyopadhyay

Opposite Party

Affidavit in - Reply on behalf of the Petitioner abovenamed

I, Smt. Papiya Chyakraborty, wife of Smt. Prabhat Bandyopadhyay, by faith

Hindu, by occupation Service, aged about 48 years, residing at Dhalua
Nabapalli, Post Office- Panchpota, Police Station Sonarpur, Kolkata-700
152, do solemnly affirm and say as follows:-

1.

That I am the Petitioner abovenamed and I am fully conversant with

the facts and circumstances of this instant matter and I am otherwise

competent to affirm this affidavit.

2.

A copy of an Affidavit-in-Opposition affirmed by the Opposite Party

herein Mr. Prabhat Kumar Bandyopadhyay (has been referred to as the said
affidavit) has been served on my Learned Advocate-on-Record and I have
gone through the contents thereof and I have fully understood the meaning
and the purport thereof.

3.

All

the

statements

and/or

allegation

and/or

contentions

contained in the said affidavit are all incorrect, baseless and misleading and
a product of careful after thought and aimed at misleading this Honble
Court and creating confusion. Save and except what are matters of record
and what are specifically admitted by me hereinafter and in my revisional
petition being C.O. No. 3207 of 2015 (hereinafter referred to as said
petition) the contents of the said affidavit may be deemed to have been
denied by me in seriatim and in its entirety.

4.

Before I deal with the respective paragraphs of the said affidavit

in seriatim, I say that the said affidavit on behalf of Opposite Party does not
intend to and does not deny and controvert and/or deal with the specific
and material allegations contained in the said petition since the deponent
did not make any specific denial of the statements made in the said petition.
Thus on proper application of the doctrine of non traverse, the allegations
and contentions contained in the said petition which are also unassailable

on merits may be deemed to have been admitted by the deponent in its

entirety. As such the said petition is liable to be allowed as prayed for.

5.

With reference to paragraph Nos. 1 to 4 of the said affidavit, I

deny & dispute the statements and/or allegations, and/or contentions

contained therein save and except what are matters of record. I say that the
said petition filed by me is very much maintainable in its present form, is
not malafide, is not full of contradiction and there is no false and misleading
allegation and there is no aspiration against the Learned Court below
without any cause.
6.

With reference to paragraph No. 5 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I say that by proper
interpretation it would not reveal that the Petitioner has practically admitted
the fact stated by the Opposite Party in his application for divorce and I had
not introduced any fictitious and false story before this Honble Court.
7.

With reference to paragraph Nos. 6 and 7 of the said affidavit, I

deny & dispute the statements and/or allegations, and/or contentions

contained therein save and except what are matters of record. I repeat and
reiterate my statements made in paragraph no. 1 and 2 of the said petition
and say that it is not true that I has left the matrimonial home out of my

own accord inspite of his all efforts to please me and acting according to my
whims by severing relationship with his parents.
8.

With reference to paragraph No. 8 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 3 and 4 of the said petition and I further
deny that the parents of the Opposite Party never had any involvement with
regard to the negotiation of our marriage. I repeat that at the time of
marriage, my father fulfilled all the demands of the Opposite Party and his
family members and gave gold ornaments and other valuables apart from
cash as per the demand of the Opposite Party and his parents and despite
of fulfilling all the demands of the Opposite Party and his family members, I,
on regular occasion was subjected to abusements, harassments and
tortures by the Opposite Party alongwith my in-laws on the ground that
they were not satisfied with regard to the poor quality of the articles given in
dowry and also over the demands for more dowry.
9.

With reference to paragraph No. 9 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 5 of the said petition and say that there
was no threat of the Petitioner for which the Opposite Party had to shift to a
rental accommodation leaving his parental house and it is also not true that

I had declined not only the joint mess with the parents of the Opposite Party
but joint residence also. I further say that it is not true that the Opposite
Party had to change his rental accommodation at the whims of the
Petitioner with a view to please her.

10.

With reference to paragraph Nos. 10 and 11 of the said affidavit,

I deny & dispute the statements and/or allegations, and/or contentions

contained therein save and except what are matters of record. I repeat and
reiterate my statements made in paragraph nos. 6 and 7 of the said petition
and say that as the matrimonial home of the Petitioner is at Arambagh and
the Petitioner wanted to lead his matrimonial life, hence, she applied for
transfer his place of work from South 24 Parganas to Arambagh as it was
not possible for her to travel daily from Arambagh and such procedure for
transfer took some time. I further say that such transfer does not ipso facto
proves that the Petitioner had made false allegation of inhuman torture
against the Opposite Party and his parents. Inspite of all odds the Petitioner
was trying to adjust with the situation at Arambagh and was of the view
with the passing of time things may become normal, but which,
unfortunately, did not. The Petitioner states that the fact of transfer does not
belies the allegations made by the Petitioner against the Opposite Party and
his parents. I vehemently deny dispute and oppose that I had started
torture upon the Opposite Party and his parents, abused them with filthy

languages and compel the Opposite Party to leave his old parents to satisfy
my whims by shifting to the rented accommodations.
11.

With reference to paragraph No. 12 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 8 of the said petition and deny that
nobody inflicted any torture upon me.
12.

With reference to paragraph No. 13 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 9 of the said petition and I deny and
dispute that I have falsely alleged that I have driven out and also deny that
the Opposite Party tried his best to answer to my whims, resorted to
immoral steps by leaving his old ailing parents and shifter to tenanted
accommodation, stopped communication with them according to my desire.
Further I deny that the Opposite Party tried to convince me to live
peacefully with him to honour the marriage tie and it is also not true that I
did not care to his well being and I vehemently oppose that I always used to
visit my parents house without any intimation, decline to share bed and
cohabitation, thereby depriving him to enjoy legally married life and
ultimately left the matrimonial home forever by deserting him. I deny that
the Opposite Party had made any endeavor to bring back me to my

matrimonial home. I say that it is not true that I had painted the episode
according to my convenience for the sake of my case. I further stay that the
statements made in paragraph 9 of the said petition is not imaginary and
fictitious story.

13.

With reference to paragraph No. 14 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 10 of the said petition and I deny that
there was no demand on their part and also dispute that as the days rolled
on my whims and adamant attitude made his life miserable. It is also not
true that the Opposite Party had to tolerate everything tightlipped as I
allegedly always used to threat to initiate a proceeding under section 498A,
Code of Criminal Procedure and allegedly threat to commit suicide. It is also
not true that the Opposite Party had been compelled to leave his parental
house and his parents under my dictate and any demand as consequent
torture upon me is not at all absurd and false and I had never assaulted the
Opposite Party physically.
14.

With reference to paragraph No. 15 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 11 of the said petition and state that as I

was drove out from my matrimonial home and inspite of my endeavor, when
I was not allowed to enter into my matrimonial home and even when I was
threatened by the Opposite Party not to enter at Arambagh, I had to take
transfer from Arambagh to Garia. I deny that my concern about my mother
is only for the purpose of the case and I say that my mother is ill, bedridden and in need of constant vigil.
15.

With reference to paragraph No. 16 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 12 of the said petition and I deny that I
had left the matrimonial home and never took any step to contact him and
say that I had been drove out from my matrimonial home and inspite of
repeated attempts, the Opposite Party did not take any measures to bring
me back. It is not true that I am trying to shift the blame upon the Opposite
Party. It is also not true that the story of better match and more dowries has
been introduced only for the purpose of the case. I further repeat that there
was intervention by friends and relatives at my instance to settle the dispute
and I deny that there was any attempt by the Opposite Party to bring me
back.
16.

With reference to paragraph No. 17 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my

statements made in paragraph no. 13 of the said petition and deny and
dispute that on 1st April at about 3:30 P.M. I came to the rented
accommodation with some unknown persons and made an attempt to
forcibly enter into the said rented accommodation and as such the question
of resistance by the Opposite Party as well as any abuse him with loud voice
does not arise at all. I also say that any Police complaint, as alleged, by the
Opposite Party, is false.
17.

With reference to paragraph No. 18 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 14 of the said petition and I further
repeat that such transfer is due to the Opposite Party and his parents.
18.

With reference to paragraph No. 19 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 15 of the said petition and I vehemently
oppose and deny that I did not visit my mother-in-law and upon her death I
declined to see her dead body, in view of my hatred towards my mother-inlaw and not due to any fault on her part and also due to any of my alleged
pride that I am an educated lady and my mother-in-law is an uneducated
lady. I also deny that there was any compulsion on my part for which the
Opposite Party had been compelled to file the said Matrimonial Suit.

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19.

With reference to paragraph Nos. 20 21 and 22 of the said

affidavit, I deny & dispute the statements and/or allegations, and/or

contentions contained therein save and except what are matters of record. I
repeat and reiterate my statements made in paragraph nos. 16, 17 and 18
of the said petition.
20.

With reference to paragraph No. 23 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph nos. 19, 20, 21 and 22 of the said petition
and I say the statements made therein are matters of record.
21.

With reference to paragraph Nos. 24 and 25 of the said affidavit,

I deny & dispute the statements and/or allegations, and/or contentions

contained therein save and except what are matters of record. I repeat and
reiterate my statements made in paragraph nos. 23 and 24 of the said
petition and I deny that the Opposite Party is not a wealthy person nor a
businessman and by such profession he can maintain the bare necessities
of is life and I am more financially sound than him. I say it is not true that
the Opposite Party has to frequently travel to Kolkata from Arambagh for his
business purpose and if the case is transferred from Arambagh to Alipore
that would cause serious hardship to him. I repeat that my claim to transfer
the suit on the ground of long journey, huge cost, absenting school, keeping

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ailing mother alone at home and cruelty and torture all are bonafide
grounds.
22.

With reference to paragraph No. 26 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 25 of the said petition and deny that I
had made any aspersion against the Court of Law which is contemptuous. I
also deny that I had introduces the fact of threat by the Opposite Party and
his parents are totally false and has introduced for the purpose of the case
solely with intention to mislead this Honble Court with baseless and vague
allegations. I repeat that the Opposite Party and his parents are influential
persons in the locality. Though the mother-in-law of the Petitioner has died
now but she was a powerful lady during her lifetime.
23.

With reference to paragraph No. 27 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 26 of the said petition and I say that the
Opposite Party shall not be in any disadvantageous position if the
Matrimonial suit is transferred to Alipore as the Opposite Party is a frequent
traveler to Kolkata. I deny that I have no threat neither here nor there.

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24.

With reference to paragraph No. 28 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 27 of the said petition and I say as there
was no cruelty, as alleged, by me, hence, the question of filing of
Matrimonial Suit to save himself from my alleged cruel hands does not arise
at all. I repeat that this Matrimonial Suit had been filed with ulterior motive
and to unnecessary harass and drag the Petitioner to the Court.
25.

With reference to paragraph No. 29 of the said affidavit, I deny &

dispute the statements and/or allegations, and/or contentions contained

therein save and except what are matters of record. I repeat and reiterate my
statements made in paragraph no. 28 of the said petition and I say that the
Opposite Party is not well aware of the settled principle of law. I say that
transfer of the Matrimonial Suit from Arambagh to Shrirampur or
Chinsurah will equally prejudice the Petitioner. I repeat that the Opposite
Party is a frequent visitor of Kolkata and I have a threat of health and life at
Arambagh.
26.

With reference to paragraph Nos. 30 and 31 of the said affidavit,

I deny & dispute the statements and/or allegations, and/or contentions

contained therein save and except what are matters of record. I repeat and
reiterate my statements made in paragraph no. 29 of the said petition and I
deny that the statements made there are extraneous and totally beyond the

13

scope of an application under section 24 of the Code of Criminal Procedure.

I say that this application is very much maintainable and in form and as
such my application is not liable to be rejected.
27.

That the statements made in paragraphs no. 1 to

are true to

my knowledge and rest are my respectful submission before this Honble

Court.
Prepared in my office,

The Deponent is known to me,

Advocate.

Clerk to : Mr.

Solemnly affirmed before me

This the

day of December, 2015.

Commissioner

Advocate

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District : Hooghly
In the High Court at Calcutta
Civil Revisional Jurisdiction
In The Matter of :
C.O. No. 3207 of 2015
Smt.
Papiya
Bandyopadhyay
(Chakraborty)
Petitioner
- Versus Sri Prabhat Kumar Bandyopadhyay
Opposite Party

Affidavit - in - Reply on behalf of the

Petitioner

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Mr. Shuvanil Chakraborty, Advocate

Bar Association Room No. 16
High Court, Calcutta