IN THE COURT OF DR. S.K.

JAIN, HON’BLE PRINCIPAL JUDGE,

FAMILY COURT, NORTH WEST DISTRICT, ROHINI COURTS,
DELHI

MT CASE NO. 351 OF 2018

IN THE MATTER OF:

AMAN SAXENA & ANR. …PETITIONERS

VERSUS

SUMIT SAXENA …RESPONDENT

N.D.O.H:- 04.11.2019

REPLY ON BEHALF OF RESPONDENT TO THE PETITION U/S.

125 Cr.P.C. FOR MAINTENANCE FILED BY PETITIONERS

THE RESPONDENT MOST RESPECTFULLY SUBMITS AS UNDER:

Before giving parawise reply to the petition, the respondent wants to

submit some preliminary objections which are jurisdiction in the

nature go to the root of matter and may be decided first before

dealing with the alleged petition.

PRELIMINARY OBJECTIONS:

1. That the petitioner no.1 (herein after also called as wife) herself

as well as on behalf of respondent no.2 (herein after also called

as child/minor child) has filed the present petition under section

125 Cr.P.C. against the respondent (herein after also called as

husband) before this Hon’ble Court only with intention to get

the benefit of her own wrongs which the law does not permit as

the petitioner no.1 has disserted the respondent without any

sufficient reasons.

2. That the present petition filed by the petitioner no.1 is nothing

but an abuse of the process of law and as such is liable to be

dismissed against respondent with exemplary cost as upon a

plain reading of the petition, it is inferred that petitioner no.1

has failed to disclose any cause of action to sue against the

 respondent and is therefore liable to be rejected. Even as per

para 28 of the petition, it is pleaded that cause of action arose

in this matter when the respondent neglected the petitioners

without stating the date and occurrence when the respondent

neglected the petitioners. In the absence of any averment in

the petition regarding accrual of cause of action qua the

respondent, the petition qua the respondent cannot proceed

and the same deserves to be rejected at the threshold itself.

3. That the relevant section in which the present petition has been

filed clearly state that the husband is liable to pay maintenance

to his wife if she is unable to maintain herself. That the present

petition for maintenance is not maintainable as per section 125

(1) (a) of Cr.P.C against the respondent as the petitioner no.1

itself pleads in para no. 5 of the petition that she is serving as a

Analyst in a Samsung India Electronics Ltd. and she receives a

salary of Rs. 38,000/- per month, and as such there is no need

of further enhancement of maintenance allowance. That the

petitioner no.1 is not entitled for any maintenance as per

section 125 (1) (a) of Cr.P.C as she is an educated and well

bodied lady and is able to maintain herself very well. It is also

submitted that petitioner no.1 is doing job and is earning more

than 45,000/- per month from the said job and the petitioner

intentionally and deliberately concealed the salary sleep from

this Hon’ble Court and the respondent reserves his right to

initiate proceeding u/s 340 Cr. P. C against the petitioner no.1

for giving false statement/affidavit before this Hon’ble Court

and the issue that she is not able to maintain herself will not be

decided without positive evidence. That the petitioner no.1 has

 no locus standi to file present petition against respondent as

the petitioner no.1 is drawing more salary than respondent and

respondent is serving as a manager under the Insurance

Company from last four months and drawing gross salary of Rs.

30,000/- as on 30th September, 2019 whereas the petitioner

no.1, is working women and drawing salary of more than Rs.

45,000/-. Copy of income sleep of respondent is attached with

the present reply. That the petition under reply is also not

maintainable as based upon “actus reus,” & “suggestion false

suppression veri” principle, even the petitioner failed to show

any ground to the effect that she is unable to maintain herself

and also failed to quantify that how she has maintained herself

since December, 2016 till filling of the present petition as the

respondent got separated from her in the month of December,

2016 itself.

4. That in the present petition, petitioner no.1 herself has

admitted that petitioner no.2 residing with petitioner no.1’s

parents without considering the child’s welfare when

respondent being natural and lawful guardian of the minor child

is ready and willing to take care of minor child with him. It is

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

no.2 in her life so the question of maintenance for respondent

no.2 is not made out for and on behalf of petitioner no.1 as

filed by her. That the petitioner No.1 neglected the child in

the tender age, when child more requires his mother

presence in the tender age of his child hood. It is also

 submitted that after neglected the child in the age of one

month, respondent’s mother took care of the child. It is also

stated that respondent being the father and the natural

guardian of the child, the respondent has an unlimited right to

claim back the custody of the child from the hands of the

maternal grandparents and child would be happier with him

than with its maternal grandparents and it would be in the best

interest of the welfare of the petitioner no.2-child that one of

the parent take care of him. Even otherwise the

respondent/husband is living a very stressful life who has been

forced to separate from his minor school going child and also

forced to live away from his old aged parents when they

needed him the most, hence the contention of the petitioner

no.1 is devoid of merit and deserves to be dismissed.

5. That presently child undisputedly residing with petitioner No.1’s

parents at Ambala. While the petitioner No.1 was living with the

respondent at her matrimonial house, the respondent’s father

got the child admitted in one of the best educational school

namely VSPK International School, Rohini, however, after the

petitioner No.1 took the child from the custody of respondent’s

parents and left the child with her parents at Ambala, petitioner

No.1’s parents has got admitted the child in a very simple

school. The standard of education, the infrastructure and the

staff of the said school is of very lower quality and it is likely

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

to provide appropriate education to the said child. It is apparent

 that while in the custody of the petitioner No.1’s parents the

future of the child will be at stake. It is submitted that the

respondent is having normal liability of his minor son and he is

ready to pay the school fee, all study material and other

expenses of his minor son i.e. Kavish if the custody granted in

his favour. That, Moreover, the atmosphere the parental house

of the petitioner No.1 is not suitable for appropriate bringing up

of the child, since the accommodation at the parental house of

the child is very scare and not sufficient even for separate living

of the petitioner No.1 with the minor child. There is no

appropriate atmosphere for proper study at home. All these

things and circumstances are gross hurdle in the welfare of the

said child.

6. That the present petition filed by the petitioner no.1 is not

maintainable in terms of Sub-section (4), no wife, who has

deserted her husband, can claim maintenance Under Section

125 of Cr.P.C. That in the month of December, 2016, petitioner

no.1, deserted the respondent without his fault and thereafter

petitioner no.1 and respondent have no relation of husband and

wife as such between them except for the fact that the

petitioner no.1 was legally wedded wife of Respondent. Due to

the continuous act of mental cruelties as regularly committed

by the petitioner no.1, respondent was under full of miseries,

mental torture, pain, agony and not tolerated the torture as

caused by the petitioner no.1 and due to the act of the

petitioner no.1, respondent was under serious depression and

doing nothing except to leave his parent’s house (daru me

duub geya or suicide committee kurne wala tha).

7. That the petitioner no. 1-wife has concealed the material facts

before this Hon’ble Court that petitioner No.1 suffered from

Tuberculosis before the marriage and this fact was suppressed

or concealed from the respondent and his parents and due to

the disease respondent no.1 not been able to bear a child and

on coming to know all this, respondent’s father himself took the

petitioner no.1 to the said treatment and at that time, all the

expenses were born by the father of the respondent. It is

further submitted that the petitioner was treated at Sun

Diagnostic Centre, who is a top consultant of Delhi.

8. That the present petition is not maintainable on the ground that

the petitioner herself disserted the respondent/husband and

jewelleries gifted by the respondent/husband’s parents which

were always kept by the petitioner no.1 with her and this fact

itself shows that she was in a pre-planned manner without any

force, coercion, undue influence or pressure from the side of

the respondent/husband.

9. That the present petition is not maintainable and deserves to

be dismissed as the petitioner is failed to justify the amount

claimed in the petition because no supporting documents filed

with the present petition. Even the petitioner did not file her

detailed income and assets affidavit in support of her claim in

the court to declare her income with sole malafide intention to

mislead this Hon’ble Court.

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

the petitioner no.1 caused mental torture to the respondent

and his parents by often threatening him that she will commit

suicide, thereby disturbing the harmony in the family. That the

respondent and his parents had provided all facilities to the

petitioner no.1 from the date of the marriage till she deserted

the respondent. That the petitioner no.1, raised many

dramas and due to the act and torture, petitioner’s father

operated two times in six month for heart attack.

12. That the petitioner no.1 in any of the para did not disclose that

on what grounds, she is seeking the relief’s under Section 125

Cr.P.C and in absence of any specific ground, all the

contentions made by the petitioner no.1 are vague. The present

petition is not maintainable and is liable to be dismissed with

heavy cost.

13. It is also submitted that the present petition is nothing but a

tool to harass and indulge the respondent in malicious

proceedings.

14. That the petition under reply is not maintainable and deserves

to be dismissed being devoid of any merits even barred by law

as based upon wrong facts and concocted story raised by the

petitioner with the connivance of her parents.

15. That the present petition is not maintainable because the

petitioner no.1 has filed the present petition on false grounds

and leveled false allegations against respondent. It is submitted

that petitioner no.1 has approached this Hon’ble court with a

 pre-planned, concocted, false, fabricated, vexatious,

misconceived, motivated, contents, contentions, allegations and

assertions, hence the present petition is not maintainable and is

liable to be dismissed with heavy cost. That the present petition

is not maintainable since the petitioner no.1 has concealed the

material fact and has not come with clean hands before this

Hon’ble Court hence the same is liable to be dismissed with

heavy cost.

16. NON-DISCLOSURE AND INTENTIONAL CONCEALMENT OF

MATERIAL FACTS BY THE PETITIONER NO. 1 BEFORE

THIS HON’BLE COURT AS UNDER:-

a. It is also disclosed the material facts as concealed by

respondent No.1 that the married of petitioner no.1 and

respondent is love marriage and was solemnized in a very

simple manner without any pomp and show as respondent’s

parents never raised demand of any dowry or any kind of

favour from the petitioner no.1’s parents. That at the time of

marriage and there is/was no article given in the marriage

from the petitioner no.1 side, instead major expenses of the

marriage ceremony were born out by the family of the

respondent.

b. That the family of the respondent is a middle class,

affectionate, broad minded. The father of the respondent

was Bank Officer. The mother of the respondent is a

housewife. That on 04.12.2009, father of the respondent

organized a grand function at Bansal Bhawan, A-7, Near

Rockfield Public School, Sector 16, Rohini, New Delhi, Delhi

110089 on his own sources and also requested to the

 petitioner no.1’s parents that on same day also organized a

marriage ceremony but the request of the respondent’s

parents not exceeded by the them.

c. That after the marriage the respondent and his family

members gave warm welcome to the petitioner no.1 and

they have been very cooperative with her and made every

effort to make the petitioner no.1 feel at home and

respondent and his parents never asked the petitioner no.1

to do house hold work due to the reason that she is working

lady, however, during all that period she never offered

herself for doing household work.

d. In second week of January, 2010 the petitioner no.1 showed

her true colors firstly when respondent asked the petitioner

no.1 to rise early in the morning and to cook breakfast for

the respondent due to the reason that the mother of the

respondent was not well on that day. However, she curtly

refused by saying that she was not house hold lady and had

not come in his house as a servant. The respondent realized

that the petitioner no.1 is acting under the dictation,

direction, instruction and advice of her family members as

petitioner no.1 is not having its own power to take the

decision relating to her matrimonial life. The family members

of petitioner no.1 are having the immense interference in

the matrimonial life of the respondent. The immense and

excessive interference on the part of the family members of

petitioner no.1 in the matrimonial life of the respondent and

the petitioner no.1 had ruined the matrimonial life of the

respondent completely and had made it full of miseries,

 mental torture, pain, agony, suffering and set back to the

respondent and taken away the valuable right of the

respondent to establish the happy and prosperous

matrimonial life in the company of the petitioner no.1. That

the parents of the petitioner no.1 regularly visited the

matrimonial house of the petitioner no.1 and immense

interference drowns in the matrimonial life of the parties.

The immense interference on the part of the petitioner

no.1’s parents in the life of the respondent has caused

immense mental torture, pain and agony.

e. In month of June, 2010 when petitioner no.1 and respondent

went to their bedroom the petitioner no.1 was not

responsive and she did not allow the respondent to have

sexual intercourse with her. That the attitude of the

petitioner no.1 was indifferent and she complained that the

respondent is not a man of her taste and such conduct of

the petitioner no.1 caused mental stress upon respondent.

That the respondent also came to know that the petitioner

no.1 took anti-pregnancy pills without his consent and does

not want to conceive a child under the pretence of

maintaining her figure and when the respondent tried to

make the petitioner no.1 understand that it was her

matrimonial duty to which she raised a drama and started

crying loudly and threatened to leave the house. Therefore,

a meeting was organized consisting of respectable members

of both parties including the respondent and the petitioner

no.1 in which it was stated by the petitioner no.1 that she

was not now ready for child and also promised with the
 respective family members that she will ready soon for baby

in future.

f. That in the month of July, 2010 respondent got good Job in

OSC Exports, Gurugram as Senior Consultant and in the

month of August, 2010, upon return to his home from his

office, found that the Petitioner no.1 chats with one Shidhant

(about whom she had informed to the respondent that he is

her friend from her college and wanted to marry her) and

after seeing the chats the Petitioner no.1 with Shidhant, the

respondent was shocked to know that the said Shidhant is

residing in Ambala and also found chats wherein they talked

about their physical intimacy.

g. That at that time the Petitioner no.1 immediately came and

snatched the mobile from the respondent, then the

respondent confronted the Petitioner no.1 regarding the

same, who initially denied but after some time she accepted

the same and said that she married with the respondent

with lot of expectations of luxurious life style, but the

respondent failed to fulfill the said expectations and said that

“mai apni jindagi ek pagal admi ke chakkar me barbaad nahi

kar sakti hu” and thus she started chatting and meeting her

boy friend and she got involved with him again and also has

physical relations with him and said that “woh mujhe wo

saari khushi deta hai jo tum de nahi sakte, aur mujhe ab

tumhari jarurat nahi hai bas tumhare baap ke is ghar ke

chakkar me mere ghar wale tumhe divorce nahi dene de

rahe hai”.
h. That the respondent after coming to know about the

Petitioner no.1 Extra –Marital affair with aforesaid person

got completely shattered and when the respondent’s parents

came to know about the same, the Petitioner no.1

threatened the respondent and his parents that if they share

the said factum with anyone then the Petitioner no.1 will not

leave them and will implicate the respondent, his parents

and other family members in false criminal cases.

i. That thereafter the parents of the Petitioner no.1 came to

the respondent’s home and to cover the misdeed of their

daughter and assured that she will not done again in future.

j. That in the month of September, 2010 respondent resigned

from his job for take care of his matrimonial life and tried to

make the petitioner no.1 understand that in addition to her

job, it was her matrimonial duty to devote some time with

the respondent on which she again raised a drama by saying

that you was a burden on the petitioner no.1. Due to this

continuous act of mental cruelties committed by the

petitioner no.1, respondent was under full of miseries,

mental torture, pain, agony and not tolerated the torture as

caused by the petitioner no.1 and due to the act of the

petitioner no.1 respondent was under serious depression and

doing nothing from September, 2010 to June, 2012 by the

continues act of the petitioner no.1.

k. That in between 2010 to June, 2012 respondent no.1

taunting the petitioner that he is not a man of her

taste and who born child _____________________

l. It had came to the knowledge of respondent as well as his

parents when in the Year, 2012 petitioner reported to the

respondent that she had abnormal pain in her right side

neck for which the respondent took her to Sun Diagnostic

Centre, who after examine the petitioner no.1, opined that

he had every doubt for existence of the previous operation

and also advised for some tests. It is clear that from the

reports of doctor that petitioner No.1 suffered from

Tuberculosis before the marriage and this fact was

suppressed or concealed from the respondent and/or his

guardians and due to the reason stated in this para

respondent no.1 not been able to bear a child. It is also

stated here that after long fertility treatment of tuberculosis,

petitioner no.1 bear a child. It is also submitted that the all

treatment’s expenses spent by the respondent’s father. That

the respondent was shocked to hear the aforesaid facts by

suppression of those material facts obtained the consent of

marriage from the respondent. On the next morning, the

respondent reported such fact to the father of the petitioner

no.1 who came on respondent’s father house and to

apologized with the petitioner no.1 and his parents.

m. That after knowing the fact as stated above, the respondent

thought that the Petitioner no.1 would change but that did

not happened and behavior of petitioner no.1 was not

changed. The family members of petitioner no.1 were having

the immense interference in the matrimonial life of the

respondent even after pardoned form the act of petitioner

no.1.
n. That in the month of June, 2012 respondent again joined a

job as a assistant manager with India Mart Company after

support of his maternal uncle and 6 persons working under

respondent in between 4 were girls and 2 were boys. That

on August, 2012 when respondent came back from her job,

the petitioner no.1 charged, useless allegations upon

respondent that respondent was having affairs with

numerous girls without considering the facts that the girls

only worked with the respondent.

o. That on useless allegation upon respondent, respondent

leaved the job with a view that the respondent could take

care of his fresh matrimonial life but all is on vain.

p. That the petitioner no.1 and her family members under the

well planned design conspiracy in a preplanned manner with

malafide intentions caused harassment, torture, cruelties,

trauma and atrocities upon the respondent. If the petitioner

no.1 had asked anything like clothing or wants to go Cinema

or go out for dinner and the respondent had said no then the

petitioner no.1 would get violent and do anything to make

the respondent agree with her. The petitioner no.1 would get

angry and violent if respondent deny for anything like

cooking or any purchase on her demand and would start

throwing utensils etc. or even the petitioner no.1 used to

slap the respondent or scratch him with nails (the petitioner

no.1 firstly slapped the respondent in the month of July,

2013 and thereafter it became routine for her once in two

three days the slapping and scratching) whenever her

demands like for going out for outing etc. were not met. She
 used to throw the things as well as water on the respondent

when he refuses any of her demands.

q. In the month of July, 2013 respondent established its own

business in partnership of call centers with the help of his

maternal uncle and the same was profitable than others and

respondent also offered to the petitioner no.1 for leave her

job and joined the business of the respondent but petitioner

no.1 clearly refused the offer of the respondent without any

reason. The petitioner no.1 again charged, useless

allegations upon respondent that respondent was having

affairs with numerous girls and due to the torture as caused

by the petitioner no.1, respondent not concentrated with his

business and due to the reason stated above the said

business was closed after massive losses.

r. That out of this wedlock a male child Kavish was born on

06.04.2014 in Delhi and the said child is presently with the

petitioner no.1’s parents. That the respondent thought that

after the birth of the child the Petitioner no.1 would change

and the petitioner no.1 is not acting under the dictation,

direction, instruction and advice of her parents, but that did

not happened and the Petitioner no.1 behavior not only

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

respondent and his parents on numerous occasions had to

requested the petitioner no.1 for leave the job for welfare of

his/her child but the Petitioner no.1 treating it as her

 weakness would treat the respondent with more hatred and

would even misbehave in front of the other family member

of the respondent by stating that the petitioner no.1 was not

having time to take care of her son and she is not their maid

servant. That the attitude and nature of the petitioner no.1

was very bad and she never cared the new born child and

the child was always kept by the mother of the respondent

and as such the atmosphere which was gave by the

petitioner no.1 would spoil the future of the child and

stopped the development of the child and the respondent

was/is suffering from mental pain and agony due to the

reason stated above.

s. That on 30.10.2015, respondent also came to know when

the petitioner no.1 was going to office that petitioner no.1

also not interested to celebrate Karva Chauth and she

refused by saying that she did not believe in all these things

then on refused to perform "chuda ceremony" which not

only hurt the sentiments of the respondent but his parents

as well. That the petitioner no.1 sold her mangalsutra and

when the respondent questioned her, she threatened to

commit suicide. She told him not to ask any further

questions in this regard. That the petitioner no.1 not wearing

Mangalsutra on her neck and Sindoor on her forehead and

when respondent questioned, she threatened to commit

suicide.

t. In between October, 2015 to November, 2015, it had also

come to the knowledge of the respondent that petitioner

no.1’s second brother Gaurav (Son of Real Mossi) also

 proposed petitioner no.1 and when the respondent

questioned her, she stated that in her family this is not new

by saying that my Brother in law (Bade Mosi Ka ladka)

married with her sister in law (Choti Mosi Ki Ladki).

u. That the Petitioner no.1 herself willfully left the house of the

respondent on many occasions to live and enjoy her life

under influence of her parents. That the respondent on

numerous occasions had to visit the parental house of the

petitioner no.1 for the welfare of his/her matrimonial life but

the Petitioner no.1 treating it as her weakness would treat

the respondent with more hatred and would even misbehave

in front of the other family member of the respondent.

v. That the respondent’s father is very upset about the

incidents as stated above and respondent as well as

his parents number of times requested the petitioner

no.1 to stop the mental torture but all in vain. Having

left with no other option respondent’s father on

demand of petitioner no.1 purchased a new house and

arranged a separate floor of the same premises with

the help of his father, with a view that the respondent

could take care of his matrimonial life. This living

arrangement was arranged with the consent of

petitioner no.1’s parents. It is further submitted that

petitioner no.1 as well as her parents were satisfied

with the fresh accommodation arranged by

respondent’s father.

w. That the petitioner no.1 even after a separate living

arrangement did not improve her conduct rather she

 become more ravish against the respondent. Initially

the petitioner no.1 was not even interested to meet

any of the relative/friends of the respondent and also

was not allowing the respondent to meet with

anybody else.

x. That in the month of September, 2016 when the respondent

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

market for bringing some articles in spite of the fact that he

was even not in a position to move properly and was on

clutches. The petitioner no.1 on the other hand was just

taking rest in her bedroom. This was the extreme of tyranny

on the part of the petitioner no.1 and when the respondent

asked the petitioner no.1 as to why she had sent his mother

to the market, she lost her senses and immediately bursted

upon the respondent saying that his mother was burden on

the family and advise the respondent to get him admitted in

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

mother, she started abusing loudly saying that the

respondent and all his family members were crazy and that

their house was nothing but a mental clinic and petitioner

no.1 started throwing articles on the respondent from

second to first floor by saying that she would not live in this

floor with respondent and also threatened the respondent by

saying that (ager apne maa ka ittna he khyal he to usske

 sath niche he reh mere sath iss floor pe tabhi rehne dundi

jab appne maa ko old age shelter houses me nahi chod aata)

and from that day respondent residing with his parents on

first floor.

y. In the mid month of December, 2016 when respondent was

not in the house, the petitioner no.1 without any rhyme or

reason tried to assault/slap respondent’s mother by using

obscene language. Due to this behavior, the mother of the

respondent has requested to the petitioner no.1 to refrain

from the said unprecedented conduct but the petitioner no.1

threatened the mother of the respondent of implicating her

(mother of respondent) in a false case and also used to give

threat to commit suicide by hanging or poisoning. Due to

this continuous act of physical and mental cruelties and

atrocities committed by the petitioner no.1, respondent was

under full of miseries, mental torture, pain, agony and not

tolerated the torture as caused by the petitioner no.1 and

after long wait on December, 2016, respondent left her

parents house (daru me dub geya).

z. Thereafter, respondent from December, 2016 to May,

2017 lived without petitioners and his parents.

aa. In the month of June, 2016, respondent’s parents

requested to the respondent for join his matrimonial

life again for his son. In between mother of the

respondent uphold all his responsibility towards

respondent no.2-child. On request of the parents of

respondent, respondent again resume his life with his

parents and respondents but petitioner no.1 and

 respondent although had been lived in the same

premises but there was no relation of husband and

wife as such between them except for the fact that the

respondent was lived with the Petitioner no.1. Since

long lime no cohabitation had taken place between the

respondent and petitioner no.1 which amounts to

mental cruelty upon respondent.

bb. It is also submitted that respondent also disclosed the

fact to the petitioner no.1 that from Dec, 2016 to

March, 2017 he had gone into depression disorder and

even suffered financial losses and also consumed

liquor on daily basis and met with one girl and made

relation by mistake with her but due to the reason as

stated by respondent, petition no.1 pardoned the

respondent because she has no love and affection

with respondent.

cc. Thereafter, respondent again trying to resumed his

matrimonial life with a view that the respondent could

take care of his fresh matrimonial life but all is on

vain and the petitioner no.1 did not improve her

conduct rather she become more ravish against the

respondent and also blackmailed the respondent and

his family members for criminal complaint.

dd. That the petitioner no.1 insulted the respondent and

his father several times in presence of his other family

members using filthy language and told the

respondent that she wants to reside separately from

the father of the respondent and also pressurized the

 father of respondent for new house in the name of

petitioner no.1 and after rejected the illicit demands

of the petitioner no.1, she started abusing father of

the respondent and started maltreating him instead of

cooperating and when ever father of the respondent

asked her even for some little cooperation, she would

refuse to the same and then starts to hurl abuses on

them saying that they were burden on the family and

better they would die after prepare a will in her name.

Instead she started compelling father of the

respondent to work for her, to make tea and to

prepare snacks in morning. Such attitude of the

petitioner no.1 was not bearable and continued

creating mental torture and agony in the mind of the

respondent.

ee. That the entire jewellery honored to the petitioner no.1

during marriage by the parents of the respondent were in

possession of petitioner no.1 and the petitioner no.1 did not

return the same to the parents of respondent, despite

repetitive request made by the parents of the respondent on

several occasions and the parents of the petitioner no.1 had

made clear to the parents of the respondent that if the

parents of the respondent shall demand the same then they

will be falsely implicated in criminal case and by not

returning the jewellery of the parents of the respondent will

amount to committing the continuous act of criminal breach

of trust.
ff. That several efforts were made by not even respondent but

also by the respondent’s parents from the date of marriage

and even several meetings were convened with respectable

members of both parties, however, the petitioner no.1 and

her parents remained adamant on the their condition that

the petitioner no.1 will not leave with the parents of the

respondent and that the respondent will have to break or

relation with his parents and other family members. Such

condition was not acceptable to the respondent.

gg. That the parents of the respondent on numerous occasions

requested the petitioner no.1 and her family members to

settle the matter amicably and peacefully, but the petitioner

no.1 and her family members made demand of money from

the parents of respondent and her parents are giving the

continuous threats that if the demand of the parents of the

petitioner no.1 are not been fulfilled, they would file a false

and frivolous complainant before Police against respondent

and his family members.

hh. That the petitioner no.1 and his family members are giving

continuous threats that they will solemnize another marriage

of the petitioner no.1 in a secret manner and if the petitioner

no.1 and his family members succeed in their illegal, design

and motive then the respondent shall suffer irreparable loss

and injury and it will lead to miscarriage and failure of

justice and the injury suffer by the respondent cannot be

compensated in any term.

ii. Due to this continuous act of physical and mental

cruelties and atrocities committed by the petitioner

 no.1, respondent was under full of miseries, mental

torture, pain, agony and not tolerated the torture and

blackmailing as caused by the petitioner no.1 and

after long wait on December, 2017, respondent left

her parents house again and residing with his

maternal uncle. Thereafter, respondent not in a

position to do anything for his life and life of the

petitioner is full of torture. In the month of March,

2019, responded joined a job as a manager under the

Insurance Company with the help of his maternal

uncle and drawing salary of Rs. 30,000/- per month.

In between December, 2017 to February, 2019,

maternal uncle of the respondent maintained him.

jj. That on 14.09.2018, petitioner no.1 moved a false and

frivolous complainant before the Women Cell, Sector 3,

Rohini, Delhi against the respondent and his family

members. The petitioner no.1 has imposed allegations of

mental, physical harassment with respect to dowery

pursuant to which a false FIR was registered against the

respondent and his family members U/s 498A, 406, 34

of IPC, vide FIR No. 143 of 2018 without stating the reason

of late FIR. It is further pertinent to mention that at no prior

time before or after the marriage, such aspect was raised by

the petitioner no.1 and her family members. It is only at this

very juncture when the petitioner no.1 at her own whims

and fancies thinks fit to play with the life and respect of

respondent and his family by implicating false case. The

entire sequence of events would suggest that petitioner no.1

 at no prior time had intentions to carry on with the

matrimonial life. The petitioner no.1 only with the sole

motive of spoiling the life of the respondent. The events as

narrated by the respondent in the aforesaid paragraphs are

nothing but instances of cruelty being inflicted by the

petitioner no.1 upon the respondent and his family

members. Such conduct of the petitioner no.1 further added

to the mental torture and grievances of the respondent. It is

submitted that except the CAW cell complaint, the petitioner

no.1 has not filed any complaint about any alleged, which

itself shows that she is leveling false allegations against the

respondent and his family members.

kk. That the petitioner no.1 and her family members in collusion

and connivance with each other have caused atrocities,

cruelties, trauma, physical and mental torture and atrocities

upon the respondent to such an extent that it has made the

life of the respondent totally indifferent and tasteless

substance and has caused the stress and strain and such an

extent that the respondent may commit the suicide at any

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

respondent at any point of time with the help of goons and

the respondent is leading his life under the constant terror

and fear the respondent has each and every reasonable

apprehension and reason to believe that the precious life of

the respondent may be diluted at any point of time other

than the procedure establish under the law.

17. That the petitioner no.1 is an irresponsible, self centered and

short tempered lady and she intentionally not to take care the

tender aged son and the petitioner no.1 is not good and

congenial atmosphere in her parental house to take care of her

son as the petitioner no.1 is doing a private job as a analyst

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

respondent no.2-child and the child was always kept by the

mother of the petitioner no.1 who is suffering from various

communicable diseases and as such the atmosphere would

spoil the future of the respondent no.2-minor child and stopped

the development of the respondent no.2-child in his younger

age; that the respondent is a well educated person residing in

good atmosphere; that the family of the petitioner no.1 is not

so educated.

18. Thus, for the reasons set out above, it is submitted that the

present petition is liable to be dismissed against respondent.

The respondent now proceeds to answer the specific averments

made in the petition, all of which are denied, unless specifically

admitted to herein.

PARAWISE REPLY ON MERITS: -

1) That the contents of present para of the petition, the

respondent does not admit entire contentions being wrong,

baseless, hence denied except the facts, that the petitioner

no.1 is the wife of the respondent. It is wrong and denied

 that petitioner no.1 is a working woman who is not able to

maintain herself in the salary which she is receiving from her

employer and seeking support from her parents and

relatives for maintaining her minor son Kavish. It is

submitted that the petitioner no.1 is earning more than Rs.

45,000/- per month from the said job and the petitioner

no.1 intentionally and deliberately concealed the said facts

from this Hon’ble Court. It is also submitted that the

petitioner no.1 is well qualified, having post graduate degree

and able to maintain herself. It is also submitted that the

contention raised by the petitioner no.1 is support by her

parents for maintaining her and petitioner no.2 is vague and

false because no supporting documents filed on behalf of

petitioner no.1. It is submitted that respondent is ready and

willing to take care of his minor child with him. The

respondent in reply to the present para also refers and

reiterates to the contents of preliminary objections which are

not repeated herein for the sake of brevity.

2) That the contents of present para are wrong, baseless,

hence denied except the facts, that marriage between the

petitioner no.1 and respondent was solemnized on

07.12.2009 at Food Court Banquet Hall, Ambala, Haryana

according to Hindu Rites and rituals and one male child

namely Kavish Saxena was born on 06.04.2014 from the

said wedlock between the petitioner no.1 and the

respondent. It is wrong and denied that the marriage

between the petitioner and respondent was solemnized with

great pomp and show. The petitioner be put to strict proof

 thereof. It is submitted that all the functions were organized

simply and from the side of respondent, only 20-25 persons

were attended the said marriage from the side of respondent

and no amount was ever spent on behalf of petitioner no.1.

It is also submitted that on 04.12.2009, father of the

respondent organized a grand function at Bansal Bhawan, A-

7, Near Rockfield Public School, Sector 16, Rohini, New

Delhi, Delhi 110089 from his own sources. It is also

submitted that the contention raised by the petitioner no.1 is

vague and false because no supporting documents filed on

behalf of petitioner no.1. The respondent in reply to the

present para also refers and reiterates to the contents of

preliminary objections which are not repeated herein for the

sake of brevity.

3) That the contents of present para of the present petition

need no reply being matter of record. It is also submitted

that the respondent presently residing with his maternal

uncle at G-15/96, 1st Floor, Sector 15, Rohini, Delhi.

4) That the contents of present para are wrong, baseless,

hence denied except the facts, that after the marriage, the

petitioner no.1 and respondent lived together as husband

and wife initially at House No. 109, Pocket D-14, Sector 3,

Rohini, Delhi-110085 and since year 2016 the petitioner

no.1 had been residing with respondent in the matrimonial

home at House No. 140, Pocket D-16, Sector 3, Rohini,

Delhi-110085. It is submitted that the petitioner no.1

deserted the respondent without any fault on his part in the

month December, 2016 and petitioner No.1 residing

 forcefully of respondent’s father house on third floor at

House No. 140, Pocket D-16, Sector 3, Rohini, Delhi-

110085. It is also relevant to state here that from the month

of December, 2016, petitioner and respondent no.1 had no

relation of husband and wife as such between them. It is

also submitted that since long time i.e. December, 2016 no

cohabitation had taken place between the petitioner no.1

and respondent.

5) That the contents of present para are wrong, baseless,

hence denied except the facts, which are matter on record.

The petitioner be put to strict proof thereof. It is wrong and

denied that the petitioner no. 1 drawing salary of Rs.

38,000/-. It is also wrong and denied that the respondent is

running two call Centers in the name of Kaushlaya Trading

Services (KTS) at Dwarka and Nirman Vihar (Laxmi Nagar).

It is also wrong and denied that the said call centers are

providing services to Idea Cellular Ltd. and LIC and therefore

the respondent has huge income of at least Rs. 2,00,000/-

per month from the said Call Centres. It is submitted that

the respondent is serving as a manager under the Insurance

Company from last four months and drawing gross salary of

Rs. 30,000/- as on 30th September, 2019. It is submitted

that the petitioner no.1 was clearly disentitled to

maintenance under Section 125 as stated that she is

working and earned more than respondent, However, it was

cleared from the present para that she is unable to satisfy

the condition of Section 125(1)(a) that she is unable to

maintain herself. The respondent in reply to the present para

 also refers and reiterates to the contents of preliminary

objections which are not repeated herein for the sake of

brevity.

6) That the contents of present para are wrong, baseless and

hence denied. It is wrong and denied that the marriage

between the Petitioner No.1 and the Respondent was

solemnized with great pomp and show due to specified

demands of the Respondent and his parents. It is also wrong

and denied that the marriage party was organized by the

Petitioner's No.1 parents on a very lavish scale. It is also

wrong and denied that the father of Petitioner No.1 fulfilled

all the demands of In-Laws. It is also wrong and denied that

the parents of the Petitioner No.1 had given in marriage of

petitioner No.1 gift articles like gold ornaments, silver

jewellery, clothes and household articles to the respondent

and respondent’s parents beyond their capacity in addition

to the cash given to the Respondent as well as his relatives.

It is submitted that the petitioner no.1 and respondent fell in

love with each other and got married in the presence of their

respective parents and no article of any sort was received

from the petitioner’s no.1 family in the marriage, instead all

expenses of the marriage ceremony were born out by the

family of the respondent, as the petitioner no.1 and her

family members were not in the good financial status to

even bear the expenses of food to be provided to the

relatives of the parties and also unable to get the marriage

done from their own resources.

7) That the contents of present para are wrong, baseless,

hence denied except the facts, that on 24.07.2009,

Roka/Ring ceremony was organized in Food Court, Banquet

Hall, Ambala Haryana. It is wrong and denied that

respondent’s parents wanted that marriage party be

organized in a grand manner in a good banquet hall. It is

also wrong and denied that father of the respondent forced

the father of the petitioner no. 1 to pay at least Rs. 1,100/-

to all the relatives and neighbors who had came to attend

the ring ceremony. It is submitted that the ring ceremony

had attended by 7-10 members of the respondent‘s family.

It is also submitted that marriage as well as other functions

which were solemnized by the petitioner No.1’s parents in a

very simple manner without any pomp and show and no

cash/presents as alleged were given by the petitioner’s

parents.

8) That the contents of present para of the petition, the

respondent dose not admit entire contentions being totally

baseless and meaningless and false allegations. It is wrong

and denied that on 07" November 2009, Father-In-Law of

the Petitioner No.1 had called upon the father of the

Petitioner No.1 to Delhi at his residence where he demanded

cash from the Petitioner's father for car and jewellery under

the guise of maintaining his social status in the eyes of his

relatives. It is also wrong and denied that due to demand by

the Respondent and his family members, the parents of the

Petitioner No.1 had given sufficient dowry beyond their

capacity at the time of marriage. It is also wrong and denied

that the father of the Petitioner No.1 being a simple person,

did not realize that the demand of dowry was being made by

the Respondent and In-Laws of the Petitioner No.1 under the

garb, of social pressure of relatives. It is also wrong and

denied that the father of the Petitioner No.1 agreed to give a

cash of Rs.6 Lakhs to the Respondent and his parents at the

time of marriage, but despite receiving money from the

father of the Petitioner No.1, the greed of Respondent and

In-Laws of Petitioner No.1 did not get satisfy. In this regard

it is submitted that i. petitioner itself stated that his

father is simple man and cash of Rs. 6 lakh how

arranged ii. At that time petitioner’s father have two

cars iii. Only stated that his father only agreed to give

cash at the time of marriage iv. Not stated when her

father give cash v. no documentary evidence. In reply

to this para, it is submitted that the marriage between the

petitioner no.1 and the respondent was love cum arranged

without any demand as the father of the respondent is well

educated man and the marriage has been performed

according to the wishes of the family of the petitioner no.1 in

a very simple manner. Before and at the time of marriage

the respondent or his family members did not demand any

type of gifts, dowry etc. as the respondent’s father was well

to do and was earning handsomely. However, some gifts

were exchanged on the persistent requests and demand of

the relatives of the petitioner no.1 despite the objection of

the respondent. It is further submitted that respondent and

respondent’s parents did not make any demand for car

 because at the time of marriage parents of the respondent

have two cars. In regard to the present para, it is submitted

that the petitioner no.1 has attempted to create concocted

stories against the respondent and his parents, without any

concrete eveidence.

9) That the contents of present para are wrong, baseless,

hence denied except the facts, that the respondent and

respondent’s parents had gifted gold jewellery. It is wrong

and denied that the father of the Petitioner No.1 had met all

demands of the Respondent and In-Laws as the demands

were made by In-Laws of the Petitioner No.1 strategically

after the parents of the Petitioner No.1 had already

distributed marriage cards. It is also wrong and denied that

the parents of the Petitioner No.1 had spent more than 30

Lakh in the marriage of Petitioner No.1 with Respondent. It

is also wrong and denied that the parents of the Petitioner

No.1 had gifted a lot of gold Jewellery in addition to dowry

articles to the Petitioner No.1 and Respondent and In-Laws

of the Petitioner No. 1. In this regard it is submitted that i.

no were stated that demand of Rs. 30 lakh were made

by petitioner or his parents ii. No documentary

evidence of 30 lakh. It is submitted that Respondent and

his parents had gifted gold jewellery including 4 gold bangles

(Weighing 1 Tola each), one Gold Mangal Sutra, One Gold

Set (Weighing 5 Tola), One Gold Ring, One Gold Chain with

Pendant (weighting 1.5 tola) etc. to the Petitioner No.1 at

the time of marriage & Roka Ceremony. In this regard it is

submitted that all the Jewellery gifted by respondent’s

 parents are in possession of Petitioner No.1 and her parents.

It is also submitted that no article were exchanged in this

marriage because respondent’s parents is in good financial

status and the respondent never demand any sort of dowry,

rather the marriage between the parties were solemnized in

a very casual manner and all the expenses was born by the

respondent’s parents. It is submitted that all the functions

were organized simply and from the side of respondent, only

some persons were attended the said marriage and no such

alleged amount was ever spent. In regard to the present

para, it is submitted that the petitioner no.1 has attempted

to create concocted stories against the respondent and his

parents, without any concrete eveidence.

10) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that all the Jewellery

articles given to the Petitioner no.1 by her parents and In-

Laws except the Gold Ring and Mangal Sutra were taken by

the Mother-In-Law of the Petitioner No.1 on the very next

day of her marriage. It is also wrong and denied that despite

repeated request by the Petitioner No.1 for returning her

jewellery, the Respondent and his parents, they did not

return the jewellery to the Petitioner No.1. It is also wrong

and denied that all the Jewellery articles including stridhan

of the Petitioner No.1 is in possession of Respondent and his

parents. In this regard it is submitted that after the

marriage, the petitioner no.1 was warmly welcomed in her

matrimonial house and no such alleged allegation had ever

taken place. It is submitted that question of returning the

 jewellery is not made out when the same is not in

possession of Respondent’s Mother. In regard to the present

para, it is submitted that the petitioner no.1 has attempted

to create concocted stories against the respondent and his

parents, without any concrete evidence.

11) That the contents of present para are wrong, baseless,

hence denied. It is specifically denied that after the

marriage, the Respondent and his family member further

showed their true colours of extreme greed. It is also wrong

and denied that since the day of marriage, the Respondent

and his family members have been taunting the Petitioner

No.1 that the father of the Petitioner No.1 had not given

enough cash and jewellery in the marriage and the

Respondent and his family member have been let down by

the father of the Petitioner No.1 in the eyes of their

relatives. In regard to the present para, it is submitted that

the petitioner no.1 has attempted to create concocted

stories against the respondent and his parents, without any

concrete evidence.

12) That the contents of present para are wrong, baseless,

hence denied. It is denied that after the marriage of the

Petitioner No.1 and the Respondent, the Respondent and his

family members had told the Petitioner No.1 that her father

would have to pay at least a sum of Rs.10,00,000/- (Rupees

Ten Lakhs only) more if the father of the Petitioner No.1

wanted the Respondent to get established in their house. It

is also denied that the Petitioner No.1 was made to believe

by the Respondent that he was not a party to his parents

 greedy behavior and that the Respondent would stand with

the side of the Petitioner No.1 in all eventualities. That the

contents of present para are wrong, baseless, hence denied.

It is denied that the Petitioner No.1 continued to bear all the

atrocities committed by the Respondent's parents under the

false perception that the Respondent is madly in love with

the Petitioner No.1 as the Respondent always made her

believe that the Respondent hated the greedy behavior of

his parents but was avoiding confrontation with his parents.

In regard to the present para, it is submitted that the

petitioner no.1 has attempted to create concocted stories

against the respondent and his parents, without any

concrete evidence.

13) That the contents of present para are wrong, baseless,

hence denied. It is denied that since the date of marriage

not only the Father-In-Law, the younger Brother-In-Law of

the Petitioner No.1 Yash Saxena had been misbehaving with

the Petitioner No.1. It is also denied that the younger

Brother-In-Law of the Petitioner No.1 used to abuse the

Petitioner in Vernacular Language and had at times even

manhandled the Petitioner No.1. It is also denied that the

Bother-In-Law of the Petitioner No.1 used to call the

Petitioner No.1 "Kutiya". It is also denied that on the

Occasion of first Diwali after marriage, the Petitioner No.1

protested when Brother-In-Law of the Petitioner No.1 called

the Petitioner No. 1 "Kutia" and abused her. It is also denied

that the Brother-In-Law of the petitioner No.1 threw his

slipper at the Petitioner No.1 and even pushed her so

 vigorously that she had fallen on the ground. It is specifically

denied that the Respondent's maternal uncle Sh. Nand Lal,

who is a property dealer/caterer at Sector-16, Rohini by

profession, had also been regularly harassing the Petitioner

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

ready to spend more than Rs.50,00,000/-(Rupees Fifty

Lakhs Only) in the marriage. In this regard it is submitted

that petitioner no.1 is a quarrelsome lady with high

temperament and after the marriage, she did not try to

understand her responsibilities towards the respondent and

his family members. It is further submitted that petitioner

no.1 used to quarrel with the respondent and other family

member on one pretext and other and threatened them to

implicate in false criminal cases. It is submitted that

petitioner was never harassed or humiliated at her

matrimonial home. It is further submitted that the petitioner

is leveling vague and false allegations against the

respondent and his family members and she has failed to

give any specific date, time or instance, when she was

subjected to such cruelties, which itself shows that there is

no truth in the said allegations. In regard to the present

para, it is submitted that the petitioner no.1 has attempted

to create concocted stories against the respondent and his

parents, without any concrete evidence.

14) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that on the third

marriage anniversary of the Petitioner No.1, Sh. Nand Lal

 had visited matrimonial home of the Petitioner No.1 and

threatened her saying that the Petitioner's celebrations of

marriage anniversaries were very short lived as her Father

had till date not paid the sum of Rs.10,00,000/-(Rupees Ten

Lakhs Only). It is also wrong and denied that Sh. Nand Lal

told the Father-In-Law of the Petitioner No.1 that he had a

good property proposal for them and that he should arrange

money to avoid fizzling out of such a lucrative proposal. It is

also wrong and denied since that day, the life the Petitioner

No.1 became hell as the Respondent and his parents as well

as Brother-In-Law started pressurizing the Petitioner No.1

on daily basis to force the parents of the Petitioner No.1 to

arrange at least Rs.10,00,000/-(Rupees Ten Lakhs Only) to

enable the Respondent and his family members to purchase

the property being proposed by Sh. Nand Lal. In regard to

the present para, it is submitted that the petitioner no.1 has

attempted to create concocted stories against the

respondent and his family members, without any concrete

evidence.

15) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that on 31.12.2012,

the Petitioner No.1 told her In-Laws that neither she would

make a demand from her parents nor her father was in the

capacity to arrange such a huge amount as the father of

Petitioner No.1 had already spent lot of money in her

marriage beyond his capacity. It is also wrong and denied

that the Father-In-Law of the Petitioner No.1 who is a bank

manager, got enraged and told the Petitioner No.1 to leave

 his house and make separate arrangements for herself. It is

also wrong and denied that the Father-In-Law of the

Petitioner No.1 threatened that he would ensure that

husband of the Petitioner No.1 i.e Respondent also throws

her out of his life. In regard to the present para, it is

submitted that the petitioner no.1 has attempted to create

concocted stories against the respondent and his parents,

without any concrete evidence. The respondent in reply to

the present para also refers and reiterates to the contents of

preliminary objections which are not repeated herein for the

sake of brevity.

16) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that since then the

Petitioner No.1 found a sudden change in behavior of the

Respondent. It is also wrong and denied that the

Respondent stopped if providing all kind of emotional

support to the Petitioner No.1, the Respondent used to

provide earlier. In this regard, it is submitted that earlier the

petitioner no.1 claimed that the respondent harassing/forced

her to get money from her parents and now the petitioner

no.1 is saying that respondent providing her all kind of

emotional support to the petitioner No.1, which clearly

proves that the petitioner no.1, is a liar and concocted

stories against the respondent. It is also wrong and denied

that it was only then the Petitioner No.1 realized that she

had been lured into love marriage by the Respondent to

satiate the dowry desires of the Respondent and his family

members. It is also wrong and denied that when the

 Petitioner No.1 confronted the Respondent, the Respondent

told the Petitioner No.1 that love cannot be sufficient to fulfill

financial requirements of life and that the Petitioner No.1

would have to act in accordance with the dictates of

Respondent's parents. It is also wrong and denied that the

Petitioner No.1 was totally shattered but she had no option

except to accept her fate as the Petitioner No.1 was herself

responsible for taking wrong decision of marrying into a

greedy family. It is also wrong and denied that the Petitioner

No.1 was not in a position to disclose her ordeal to her

parents as it was a love-cum-arranged marriage where the

parents of the Petitioner No.1 had agreed to marry her with

the Respondent only on Petitioner's strong recommendation.

In regard to the present para, it is submitted that the

petitioner no.1 has attempted to create concocted stories

against the respondent and his parents, without any

concrete evidence. The respondent in reply to the present

para also refers and reiterates to the contents of para No.15

of preliminary objections which are not repeated herein for

the sake of brevity.

17) That the contents of present para are wrong, baseless,

hence denied except the fact that on 17.08.2013, the

Petitioner No.1 found that she was pregnant. It is wrong and

denied that she was very happy that her pregnancy would

change the behaviour of the Respondent and that the

Respondent would start loving her as earlier. It is also wrong

and denied that all the dreams of the Petitioner No.1 were

shattered as the Respondent said that it was the

Respondent's mistake which had resulted in her pregnancy.

It is wrong and denied that on the same day i.e. on

17.08.2013, in the evening, Father-In-Law of the petitioner

No.1 told the Respondent to get the pregnancy terminated

or it would become difficult for them to remarry the

Respondent. It is wrong and denied that the Petitioner No.1

was shocked to hear such words from her Father-In-Law. It

is also wrong and denied that the Petitioner No.1 pleaded

with the Respondent that she wanted to give birth to the

child. It is also wrong and denied that the Respondent told

the Petitioner No.1 that his father had given clear

instructions to the Respondent to get the pregnancy

terminated if the child is a female. It is also wrong and

denied that the Petitioner No.1. clearly refused to get the

sex of child determined. It is also wrong and denied that on

refusal by the Petitioner No.1, the Respondent told the

Petitioner No.1 that in that case he would not be allowed to

continue with the pregnancy. It is also wrong and denied

that since the Petitioner No.1 never wanted to lose her

pregnancy, the Petitioner No.1 was compelled to get the sex

of child determined at an undisclosed place in Haryana. It is

also wrong and denied that the Petitioner No.1 was taken by

the Respondent, Mother-In-Law, Father-In-Law, Maternal

Uncle Sh. Nand Lal to Haryana in car during night hours in

the month of October, 2009 where the Petitioner No.1 was

made to undergo Ultra Sound Tests. It is also wrong and

denied that the Petitioner No.1 was allowed to continue with

the pregnancy thereafter without disclosing hers the

outcome of test. It is also wrong and denied that the

Petitioner No.1 understood that the result might have been

that the Petitioner No.1 was carrying a male child. It is

submitted that petitioner no. 1-wife has concealed the

material facts before this Hon’ble Court that petitioner No.1

suffered from Tuberculosis before the marriage and this fact

was suppressed or concealed from the respondent and his

parents and due to the disease respondent no.1 not been

able to bear a child and on coming to know all this,

respondent’s father himself took the petitioner no.1 to the

said treatment and at that time, all the expenses were born

by the father of the respondent. It is further submitted that

the petitioner was treated at Sun Diagnostic Centre, who is a

top consultant of Delhi. It is also submitted that the

petitioner no.1 took anti-pregnancy pills without consent of

respondent and does not want to conceive a child under the

pretence of maintaining her figure and when the respondent

tried to make the petitioner no.1 understand that it was her

matrimonial duty to which she raised a drama and started

crying loudly and threatened to leave the house. In regard

to the present para, it is submitted that the petitioner no.1

has attempted to create concocted stories against the

respondent and his parents, without any concrete evidence.

The respondent in reply to the present para also refers and

reiterates to the contents of para No.15 of preliminary

objections which are not repeated herein for the sake of

brevity.
18) That the contents of present para of the petition, the

respondent does not admit entire contentions being wrong,

baseless, hence denied except the facts, that she gave birth

to son Kavish on 06.04.2014. It is wrong and denied that

the Petitioner No.1 was forced to spend all her salary on the

household affairs and was even forced to pay to Father-In-

Law of the Petitioner No.1 a sum of Rs.2,00,000/-(Rupees

Two Lakhs Only) in January 2016 for assisting him in

purchase the present matrimonial house. It is also wrong

and denied that the Petitioner No.1 kept on providing every

penny to her In-Laws from her salary only under the

impression that one day the Respondent and his family

members may realize their mistakes, but the extreme shock

of the life of Petitioner No.1 was still waiting to explode in

future. It is also wrong and denied that the Respondent had

started remaining out of the matrimonial home for days

citing reason that the Respondent was busy in setting up a

new business. It is also wrong and denied the Petitioner

No.1 believed the said reason also and did not suspect the

Respondent's character as the Petitioner No.1 was too

engrossed in bringing up her child and the Petitioner No.1

only considered her In-Laws and Respondent to be greedy.

It is also wrong and denied that when the Respondent

started remaining out of the house continuously for weeks at

a stretch, the Petitioner No.1 started asking the Respondent

for his whereabouts. It is also wrong and denied that the

Respondent used to give severe beatings to the Petitioner

No.1 when the Petitioner insisted upon knowing the details

 of his stay outside the house. It is also wrong and denied

that on 07.02.2018 the Respondent gave severe beatings to

the Petitioner pot when she tried to stop him from going

from the Matrimonial home. It is reiterated that petitioner

herself is a quarrelsome lady with high temperament and

after the marriage, she did not try to understand her

responsibilities towards the replying respondent and his

parents and she used to quarrel with the replying

respondent and other family member on one pretext and

other and threatened them to implicate in false criminal

cases. In regard to the present para, it is submitted that the

petitioner no.1 has attempted to create concocted stories

against the respondent and his parents, without any

concrete evidence. The respondent in reply to the present

para also refers and reiterates to the contents of para No.15

of preliminary objections which are not repeated herein for

the sake of brevity.

19) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the Respondent

left the matrimonial home on 07.02.2018 saying that he

would commit suicide and never come back home. It is also

wrong and denied that when Respondent did not return

home, the Petitioner No.1 started searching for him. It is

also wrong and denied that the Petitioner No.1 was shocked

as on 10" February 2018 when she came to know that the

Respondent had remarried during the Petitioner's lifetime

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

Lal, had secretly got the respondent married to one lady

named Sunita Sundriyal with whom the respondent had

been living as husband and wife at B-6, Jeevan Park,

Mahindra Park in Uttam Nagar, Delhi. It is also wrong and

denied that it was only 10.02.2018 that the Petitioner no.1

realized that the Respondent had been remaining absent

days from the matrimonial home in order to live with Sunita

Sundriyal. In this regard, it is submitted that the Respondent

has not yet married anybody, as such, the petition of the

petitioner no.1 that the respondent was married is baseless

and meaningless allegation. It is also submitted that

respondent leave the house of his father in the month of

December, 2016 due to the continuous act of mental

cruelties as regularly committed by the petitioner no.1. In

regard to the present para, it is submitted that the petitioner

no.1 has attempted to create concocted stories against the

respondent and his parents, without any concrete evidence.

The respondent in reply to the present para also refers and

reiterates to the contents of para No.15 of preliminary

objections which are not repeated herein for the sake of

brevity.

20) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the respondent

continued with his behavior of remaining absent for days

even after 10.02.2018 and also continued to neglect to

maintain the Petitioners. It is also wrong and denied that the

Petitioner No.1 has now firm belief that the Respondent is

 neglecting to maintain the Petitioner and his son Kavish only

to fund his second marriage. It is submitted that the

petitioner No.1 not even neglected the respondent but also

the child in the tender age, when child more requires his

mother presence in the tender age of his child hood. It is

also submitted that after neglected the child in the age of

one month, respondent’s mother took care of the child. It is

also submitted that all contention raised in para 19 and 20

was disclosed by the respondent himself to the petitioner

No.1. The respondent in reply to the present para also refers

and reiterates to the contents of preliminary objections

which are not repeated herein for the sake of brevity.

21) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the Respondent

has no other legal liability except to maintain the Petitioner

No.1, the legally wedded wife and minor child Kavish i.e.

Petitioner No.2. It is submitted that the respondent is ready

and willing to maintain his child with him. It is also wrong

and denied that the Respondent having handsome income

not less than Rs.2,00,000/-(Rupees Two Lakh Only) per

month. It is also wrong and denied that The Respondent is

intentionally and deliberately neglecting to maintain the

Petitioners. The respondent in reply to the present para also

refers and reiterates to the contents of preliminary

objections which are not repeated herein for the sake of

brevity.

22) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the Respondent

 has not made any provision for the maintenance of

Petitioners or their expenses, day to day need and other

requirements and as such the Respondent has not given any

money to the Petitioner No.1 even during the stay of

Petitioner No.1 with the Respondent. It is also denied that

respondent is legally and morally bound to maintain the

Petitioner No.1 as well as their minor son Kavish as per his

status but the Respondent is intentionally and deliberately

neglecting to maintain the Petitioners. The respondent in

reply to the present para also refers and reiterates to the

contents of para nos. 3 &4 of preliminary objections which

are not repeated herein for the sake of brevity.

23) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the Petitioner

requires a sum of Rs.70,000/-, (Rupees Seventy Thousand

Only) per month in addition to her salary for meeting the

kitchen expenses, clothing, day to day household affairs,

education expenses of Petitioner No.2, travelling expenses

medicines, medical treatment etc. for her as well as for

minor son Kavish. In reply to this para it is submitted that

the petitioner no.1 is failed to justify the amount claimed in

this para because no supporting documents filed on behalf of

petitioner no.1. The respondent in reply to the present para

also refers and reiterates to the contents of para nos. 3 & 4

of preliminary objections which are not repeated herein for

the sake of brevity.

24) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the parents of

 Petitioner No.1 had spent all their saving on the marriage of

the Petitioner No.1 with the Respondent and have given

sufficient dowry beyond their capacity at the time of

marriage. It is wrong and denied that the Petitioner No.1 has

been forced to seek help from her parents for her day to day

needs, though the Petitioner No.1 is having an income of

Rs.38,000/- per month from her employment, but the said

income is not insufficient to meet the day to day expenses of

the Petitioner No.2 and herself. In reply to this para, it is

submitted that it is a settled principle of law that once the

person is capable of earning cannot seek maintenance, as

the petitioner no.1 is working and earning a handsome

amount to the tune of Rs.38,000/- per month excluding

other emoluments and can maintain herself. It is further

submitted that the respondent maintained himself without

any other help and support.

25) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the Petitioner

No.1 sought admission for the Petitioner No.2 in a reputed

school, VSPK International School, Rohini. It is submitted

that the respondent’s parents has admitted petitioner No.2

in VSPK Internation School, Rohini but due to the facts

stated above the petitioner No.1, discharged him from

aforesaid school without considering the child’s welfare. It is

also submitted that respondent’s parents also ready and

willing to maintain his/her grandson with him. It is also

wrong and denied that the respondent’s mother provided a

cheque of Rs.24,000/- towards the part expenses for

 admission in VSPK International School, Rohini on the

condition that, the said amount of Rs.24,000/- (Rupees

Twenty Four Thousand Only) would be refunded to the

Respondent's mother immediately on receipt of salary of

Petitioner No.1. It is also wrong and denied that caught in

the cleft, the Petitioner No.1 refunded in cash Rs. 24,000/-

to Respondent's mother in order to live in matrimonial home

on the Respondent parents were regularly trying to throw

out the Petitioners out of the matrimonial home. It is

submitted that Respondent’s parents are ready to care to

provide fund for admission purpose of respondent No.2 if the

custody of respondent no.2 will handover to them.

26) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the on 30.03.2018

the Respondent parents made a false Complaint against the

Petitioner No.1 and again threatened her that they would not

let her live in her matrimonial house. It is also denied that

the Respondent had not cared to pay a single penny towards

fees of minor son Kavish despite the fact that all the

expenses for admission of Petitioner No.2 in VSPK

International School was borne by the Petitioner No.1. It is

submitted that all the expenses spent by the respondent’s

parents at the when child was in his custody and petitioner

no.1 intentionally and deliberately leave the child from Delhi

to Ambala without considered his future.

27) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the Petitioner

No.1 had to withdraw the Petitioner No.2 from his VSPK

 School International School as the fees and other expenses

of the said school were out of the reach of the Petitioner

No.1. It is also wrong and denied that now the Petitioner

No.2 has been admitted in a school at Cecil Convent School,

Ambala Cantt due to financial and other necessary help

having been provided by the parents of Petitioner No.1 in

her hour of need and also because help is being provided by

Respondent or In-Laws to take care of Petitioner No.2 when

Petitioner No.1 is at work. It is also wrong and denied that

the Petitioner No.1 is paying around Rs.2,400/- p.m.

towards the tuition fees of the Petitioner No.2 and further

the Petitioner No.1 is also bearing all the other expenses of

Petitioner No.2 such as tuition expenses, food expenses,

entertainment expenses, medical expenses, clothes,

travelling expenses, maid expenses etc. It is also wrong and

denied that in all the Petitioner No.1 requires Rs.50,000/-

(Rupees Fifty Thousand Only) for maintenance of the

Petitioner. No.2. It is also wrong and denied that the

Petitioner are entitled for the same lifestyle which the

Respondent is enjoying moreover, the salary of Petitioner

No.1 is not sufficient for her to maintain herself and she

requires atleast Rs.20,000/- (Rupees Twenty Thousand

Only) in addition to her salary for meeting her day to day

needs. It is also wrong and denied that the Petitioners are

unable to maintain themselves in the meager salary of the

Petitioner No.1.

28) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the cause of

 action in favour of the Petitioners and against the

Respondent to file the present application has accrued since

very beginning when the Respondent intentionally and

deliberately neglected the Petitioners and has failed to

provide the Petitioners any maintenance. It is also wrong

and denied that the cause of action has accrued on each and

every date thereafter, when the Petitioners had to suffer

because of financial constraints due to neglect of the

Respondent to fulfill his legal obligation to maintain the

Petitioners.

29) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that there has not

been any unnecessary or improper delay in filing the present

Petition. It is submitted that petitioner No.1, disserted the

respondent in the month of Dec, 2016 and delay in filing the

present petition is not explained.

30) That the contents of present para are matter of record hence

no need of reply, petitioner no.1 be put to strict proof

thereof.

31) That the contents of present para are matter of record hence

no need of reply. It is reiterated that petitioner is not

entitled for any maintenance because she is an educated

and well bodied lady and is able to maintain herself very

well. It is submitted that petitioner is/was doing the Job and

is earning more than Rs. 45,000/- per month from the Job

and as such she can easily maintain herself.

 32) That the contents of present para are wrong, baseless,

hence denied. It is wrong and denied that the present

petition filed by petitioner no.1 is well within limitation.

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.

35) That in reply to the para as prayed by the petitioners, it is

stated that the petition of the petitioners is not entertain as

per Section 125 Cr.P.C.. That prayer of the petition as

against respondent wrong, incorrect and hence denied. The

petitioners not entitled of direction against respondent to

pay a Sum of Rs. 70,000/- per month to petitioners. The

petitioners also not entitle of order granting Litigation

Expenses of Rs. 50,000/-. The petition of the petitioners qua

the respondent being false, frivolous and vexatious deserves

dismissal with exemplary costs. Contents of Prayer clause

are wrong, baseless and denied and do not require any

consideration from this Hon’ble Court . It is submitted that in

the above said facts and circumstances, the petitioner is not

entitled for any relief as prayed by her in the present

petition and she is also not entitled for any maintenance

amount as alleged.

In the facts and circumstance of the present case, the respondent

humbly prays that this Hon‟ble Court:

a) Dismiss the present petition filed by the petitioners against the

respondent;
b) Grant exemplary costs in favour of respondent and against the

petitioner no.1;

c) Hold that the baseless petition filed by the petitioner No.1

against the respondent amounts to a frivolous and vexatious

one.

d) Pass any other order this Hon‟ble Court deems fit in the facts

and circumstances of the present case.

It is prayed accordingly.

Respondent

Place : New Delhi Through

Dated : 09.10.2019

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