IN THE
SEVENTH COURT OF THELEARNED ADDITIONAL DISTRICT JUDGE AT ALIPORE
Matrimonial
Suit No. 7 of 2012
KaustavBhattacharjee
……………petitioner
VERSUS
Amrita
Chakraborti
……………..respondent
EXAMINATION OF THE RESPONDENT IN
AFFITDAVIT FORM
UNDER ORDER XVIII RULE 4 OF THE CODE
OF CIVIL PROCEDURE, 1908
I Amrita
Chakraborti, wife of KaustavBhaattacharjee and daughter of Late
SantipadaChakraborti, aged about
years,by faith Hindu, by occupation service, permanent resident of GC144
SSECTOR III, Saltlakecity,under P.S. Bidhannagar (South), Kolkata- 700106 do
hereby solemnly affirm and state as follows:
1. That I am the respondent in the
aforesaid caseand that I am and have made myself fully acquainted with the
facts and circumstances of the case.
This is true
to my knowledge.
2. The
petitioner has no cause of action for suit.
3. The suit
is not maintainable in law and/or in facts.
4. The suit
is speculative, harassing and malafide
and has been filed by the petitioner only with the intentionof harassing
me by putting me under frivolous and unnecessary protected litigation.
5. I state
that the allegations of the plaint not specifically admitted herein shall be
deemed to have been traversed in seriatim and specifically denied by the
Respondent.
6. With
reference to the allegations made in paragraph 1 of the plaint I state that
those r matters of record and save the except what would appear from such
records I deny and dispute each and every allegations that have been made in
the said paragraph.
7. With reference to the allegations made in
paragraph 2 of the plaint I state that those r matters of record and save the
except what would appear from such records I deny and dispute each and every
allegations that have been made in the said paragraph. I state that it had not
been divulged to either me and/or my family member that the petitioner’s mother
committed suicide as the said fact was divulged to me by the petitioner much
after the marriage as the petitioner
told me that his mother had fallen prey to the inhuman torture perpetrated on
me by the petitioner’s father and paternal grandmother as a consequence whereof
the said mother of the petitioner slipped into a sort of mental disorder and
also lived in a separate accommodation alone and used to meet my own needs and
due to the depression that had set in, she committed suicide. I stated that the
petitioner always blamed his father for his mother’s death and all allegations
contrary thereto are denied.
8. With
references to the allegations made in paragraph 3 of the plaint I state that
those are true and correct.
9.With
references to the allegations made in paragraph 4 of the plaint I state that
those are true and correct.
10. With
references to the allegations made in paragraph 5 of the plaint I state that
those are true and correct.
11. With
references to the allegations made in paragraph 6 of the plaint I state that
those are more or less correct but the petitioner states that it would be
untrue to state that I was struggling to get my post graduate degree in the USA
has been alleged in the said paragraph or at all. I state that the recession in
the world economy had no role to play in the matter of the petitioner getting a
job in the USA I deny that the petitioner had ever divulged that he was
struggling to get a job in the USA. I state that the petitioner never expressed
to me that he was struggling in the USA and on the country had always told me
that he was ready for the marriage and therefore the question of me insisting
on that marriage cannot and/or does not arise. I state that I started chatting
with the petitioner only after it was clear to both of us that each had a
desire to marry the other and all allegations contrary thereto are denied.
12.With
references to the allegations made in paragraph 7 of the plaint I state that
during the brief period of courtship between the petitioner and the respondent,
the petitioner had always projected himself as a very lovable and caring
character as I fell for him. It is pertinent to mention here that most of the
time the petitioner and lused to communicate with each other over the internet
through e-chats and e-mail.
13. With
references to the allegations made in paragraph 8 of the plaint I state that
those are false and have been introduced for the purpose of the suit. I deny
that I ever pressurized to get married early on the alleged plea that my mother
was getting me to get married sooner as that would allegedly enable me to
pursue my PhD degree in the USA as has been falsely alleged in the said
paragraph or at all. I deny that I ever told the petitioner that any delay in
the solemnization of marriage would disgrace me as I had inform all near and
dear ones in Kolkata about the petitioner and therefore question of the petitioner
panicking to anything does not and/or cannot arise at all.
14. With
references to the allegations made in paragraph 9 of the plaint I state that it
is not known to me as to when the petitioner told his father about me and it is
also not known to me as to me as to what the petitioner’s father told him after
the petitioner intimated him about me and his desires to marry me.
15. With
references to the allegations made in paragraph 10and 11 of the plaint I state
that it is true that the father of the petitioner came to meet me and my family
seeking the respondent’s hands for his son sometime in the month of May 2009
for the first time and several times after that but I deny that my mother ever
told the petitioner’s father that his son would marry me even if he had
disagreed to the marriage with a proposal of marriage . I deny that my mother
ever desired to create any rift between the petitioner and his father as has
been falsely alleged or at all. I further deny that there were any such
representations made by me and/or my mother implying that the petitioner was
more inclined to words me than his own father. I state that no such thing was
ever told by the respondent’s mother to the petitioner’s father the question of
the father of the petitioner digesting any pain an persuading the petitioner to
settle and perform the marriage as has been falsely alleged does not and/or
cannot arise. I deny that there was any
arrogance showed by respondent’s mother to disrupt the marriage as both of them
would be in Kolkata. I cleny that any act, conduct, manner, the behavior or me
and my mother towards the petitioner was even near to make him think that he
could be compelled to do anything they wanted as has been falsely alleged or at
all.
16. . With references to the allegations made in
paragraph 12 of the plaint I state that I deny that there was any such
situation that could instigate the petitioner to flee to Kolkata from USA at my
call in the month of June 2009. I deny that I and/or my mother ever demanded
anything from the petitioner and therefore the question of the petitioner
agreeing to do anything and everything or being compelled to agree to the date
date of marriage as settled by me and my mother cannot and/or doesnot arise at
all. I state that the petitioner out of his own accord volition came to India
from the USA for the purpose of an early marriage and all allegations contrary
thereto are denied. I denythat I is stubborn or that I demanded anything from
the petitioner and therefore the question ofme being fed and instigated by my
mother with such alleged demands cannot and/or does not arise at all. I deny
that there was any reason for the petitioner to be in a state ofmental unrest
and therefore the question of thew petitioner’s father helping him out in such
alleged situation with pacifying words does not and/or cannot arise at all.
17. With
references to the allegations made in paragraph 13 of the plaint I state that
it is true that the marriage between the parties was solemnized on 04.07.2009
and that the same was duly consummated. I state that it was I who accompanied
the petitioner to USA and not the other way round as has been intentionally
misrepresented by the petitioner . It is
pertinent to state here that I paid all expenses for my travel to USA I state
that it was the petitioner who took me to Texas for my examination and as such
the fact of my appearing for such examination was known to the petitioner much
before the marriage . I further state that the fact of my observership at Pennsylvania was also known to the petitioner
prior to the marriage . I state that I had started making enquires about the
USMLE (UNITED STATES MADICAL LICENSING EXAM) Much prior to the marriage and it
from the official USMLE website that I
got the names and addresses of few Indian medical professionals who had assisted me by giving
me suggestions and when I visited Pennsylvania I visited such proffetionals for
gratitude . I state that the never bore
the expenses incurred by me towards me travel or lodging at Pennsylvania. I
state that I had to arrange my own transportation Philadelphia Airport to
Bloomsburg with the help of the aforesaid medical practitioners asd the
petitioners did not render any help to me in this respect. I noticed that the
petitioners was suspicious about me knowing his senior doctors in USA and
cancelled his flight stayed back to see what I did there. I state that I stayed
the hospital dormitory for two days and make my own accommodation arrangement
with my own money and all allegations contrary thereto are denied . I deny that
the petitioner had ever arrange for a free apartment at Pennsylvania as has
been alleged or at all. I further states that it is due to the suspicious
character of the petitioner that he cancelled his flight tickets in order to
find out what I did at Pennsylvania.i further state that the petitioner that to
pursue his PhD wanted to go back to Florida and all allegations contrary
thereto are denied.
18. . With references to the allegations made in
paragraph 14 of the plaint I reiterate that much prior to the marriage and it
from the official USMLE web site that I got the names and addresses of a few
Indian medical professionals who had assisted me by giving me suggestions and
when I visited Pennsylvania I visited such professionals out of gratitude and
all allegations thereto are denied by the respondent. It is denied that the
petitioner ever incurred any of the expenses towards the respondent’s studies
in the USA or the costs of travel and lodging incurred for the said purpose by
the respondent. I deny that there was any cruelty perpetrated on the petitioner
and/or his father at the time of the settlement of the marriage or that they
were actually physically and wrongfully deceived and cheated by me and/or my
mother.
19. . With references to the allegations made in
paragraph 15 of the plaint I deny that there was any mental cruelty perpetrated
on the petitioner by me during their stay in the USA and therefore the question
of the petitioner contemplating any action to dissolve the marriage or that the
same causing his father to perish in Kolkata does not and/or cannot arise.
20. . With references to the allegations made in
paragraph 16 of the plaint I state that it is false to state I went to USA to
pursue my carrier and get into a medical post graduate course only as has been
falsely alleged by the petitioner. I deny that the petitioner took any care of
the petitioner but it is true that he helped me by providing me a cellular
phone but it is denied that it was provided by the petitioner to keep constant
touch with him. I state that it is wrong to say that a mobile phone is used to
contact with other persons including the
one who has provided it can be termed a misuse of the said instrument. I
reiterates that the suspicious nature of the petitioner has been exposed by
such kind of unheard and shame allegations. I deny that my mother in Kolkata
any advice regarding my behavior with the petitioner. I also deny I ever wanted
to keep the petitioner with a grasp. I state since my mother never gave me any
advice regarding the petitioner and/or their relationship the question f the
petitioner having to digest the alleged advice of quitting search for new job
omr devoting his entire time and energy behind me to ensure I obtains the post
graduate medical degree in USA as that
once I achieve my goal the petitioner would not have to struggle as I would be
funding, maintaining him hereby affording the petitioner leisure time to search
for a job, does not and/or cannot arise at all. I reiterate since my mother
never gave me any advice regarding the petitioner and/or their relationship. I
deny that the petitioner was ever asked by me to start molding his temperament
to become a henpecked husband or that I ever asked him to bow down to me in
default of which the marriage could not be fruitful. I deny I ever complained
and lamented to the petitioner over anything as has been falsely alleged or at
all. I deny ever blaming the petitioner for the marriage either in India or in
the USA. I reiterates that the petitioner always projected himself to be a
settled person in the USA and there was no hint of any instability that was
given by the petitioner before the marriage.
I deny that I ever wanted to did use the petitioner as my ladder to
obtain any medical degree from the USA. I deny that there was any cause for a break
up to this marriage other that the facts as has been stated here in below that
too at the instance of the petitioner. I state that I was always a calm nature
and therefore the question of my calming down and realizing the intrinsic
meaning of the institution of marriage does not and/or cannot arise. I deny
that the petitioner had ever arranged for any groceries in Pennsylvania. I
state that after completing my observeship in Pennsylvania I joined the
petitioner in Florida as had been decided prior to the marriage.
21. With
references to the allegations made in paragraph 17 of the plaint I state that
it is a fact that the petitioner took up a job at Portland and that I found
myself another observeship for me in Florida after I returned to Florida. It
could be wrong to say that the petitioner had to arrange all the groceries at
Florida on his own as the respondent too spent my own money in purchasing not
only grocery items but also other items for the household. I state it is false
to state that the petitioner ever requested me to take up any observeship job
for me in Portland and all allegations contrary thereto are denied and
disputed. I deny that I was ever rude to the petitioner or that there was any
scope for me to blatantly refuse any request of the funeral of the petitioner
in the event of his death in Portland does not and/ or cannot arise3. I state
that such allegations have been introduced for the purpose of the instant suit.
22. With
references to the allegations made in paragraph 18 of the plaint I state that
it is true I had gone to USA on tourist VISA whish permitted me to stay there
for a period of six months and as consequences where of I was compelled to come
backto Kolkata after a expiry of the said period. I state that my period of
stay in the USA during the first six months as has been averred in the said
paragraph by the petitioner is false and contradictory. I reiterate that the
plan of pursing me post graduate medical degree was designed at the instance of
both the petitioner and I prior to the marriage and that it was well within the
knowledge of the petitioner that I would pursue such educational I line after I
went to USA with the petitioner after marriage. I state that considering such
facts it cannot be said I perpetrated any cruekty on the petitioner by residing
either at Pennsylvania or at Florida. I deny that I was ever living any male
companionshipin Pennsylvania or at any other place at any
point of time but the petitioner due to his extreme suspecious mind used to
accuse me of having illicit relationship with my coleagues at all times and
such false and baseless accusations would take a bitter turn under the
influence of alcohol of which the petitioner happened to be a daily consumer
and that too in large quantities. I state that the petitioner under the
influence of alcohol would falsely accuse me of being into such alleged
relationshipni such derogatory manner that
it would hurt the petitioner very much. I deny that I ever told the
petitioner I am free to do anything wants and that the petitioner should be
accumtomed to see his wife in company of other males and the petitioner is free
to adore the company of other females. I deny that I was ever devoid of any
sancity and morality as he is expected of a Bengali Hindu Bramhin bride.
23. With
references to the allegations made in paragraph 19 of the plaint I deny that my
mother created any pressure on the petitioner to return to India in the month
of December 2009 for celebrating the wedding as per of hindi rites and customs
and therefore the question of the petitioner finding it difficult to cope up
with any pressure does not and/or cannot arise. It is as per the will of the
petitioner that such ceremony was observed in Kolkata in the month of June
2010when the petitioner returned to Kolkata.
24. With
references to the allegations made in paragraph 20 of the plaint I deny that
the petitioner was the only one who kept in touch during the period from
February 2010to June 2010 and that I and/or my mother called him up only to
allegedly to place their ecological demands and pressurized the petitioner to
assist me for my establishment as a doctor in USA. I deny that of ever complaining
that the father of the petitioner was master minding the acts, conducts,
behavior of the petitioner from Kolkata. I state that the character certificate
of the petitioner’s father has been depicted in the said paragraph by the
petitioner has no bearing with the fact in issue of the instant case and are irrelevant so far as
this case in concern for which I refrain to comment on them at this stage.
I deny that I and/or my mother ever
engaged themselves in insulting, ignoring humiliating the father of the
petitioner and tried to sever their relationship as has been falsely alleged or
at all. It is pertinent to state here that the petitioner expressed his hatred
for his father for having ruined the life of his mother and it would be wrong
to say that the petitioner could have any soft corner or respect for his
father. It is absolutely false to state that the father of the petitioner does
not know anything about such proceeding.
26. With
references to the allegations made in paragraph 22of the plaint I state that
after my return to India in May 2011 I called up my father-in-lawand inform him
that I would reside with my mother for a week or so after which I could also go
to him and stay at his place and so accordingly after about a week or so after
my arrival in India I went my father-in-law’s place and started residing there.
It was here that I found my father-in-law also used to consume alcohol in huge
quantities and attained a state where he could not even speak to me and after
staying there for a few days I found it very awkward staying alone in the house
with my father-in-law as a consequence whereof I came back to my mother and
thereafter went back to the USA in July 2011. I however denies that I visited
the father-in-law only twice and that too for a few minutes as has been falsely
alleged or at all. I deny that I ever threatened the petitioner by saying that
I could lodge complaints against him with the police in the USA and India or
that I threatened to bring the petitioner and his father to the streets if I
was not provided financially as has been falsely alleged or at all.
27. With
references to the allegations made in paragraph 23 of the plaint I state that I
and/or my mother ever represented to the petitioner that there were plenty of
suitable grooms for me and that it was a mistake on their part to choose the
petitioner. I deny of accusing the petitioner for coming from a middle class
family. I state that petitioner did not want to speak to me on and from
November 2011 after I came back from the USA and the petitioner and his father
behave very badly over the phone with the respondent. I deny that I has ever
been involved in any unfaithful and immoral activities.
28 With
references to the allegations made in paragraph 24 of the plaint I state that
there is not a specific allegation that has been leveled against me in the
matter of any of my acts behavior, conduct or manner that is even close to show
that I am utterly stubborn, selfish, materialistic, unromantic, and immoral or
for that matter even perpetrated any cruelty towards the petitioner. I deny
that I ever wanted a person who would be a slave to me and/or my family. I deny
that my mother has ever instigated or humiliated the petitioner and his family.
I reiterate no specific allegations of such humiliations or cruelty has been
averred in the plaint as there had not been any such incident I state that I
had indeed called my father-in-law along with the petitioner to convey her
respects and pranams to him on the occation of BijoyaDashami and all
allegations contrary thereto are denied.
29. With
references to the allegations made in paragraph 25 of the plaint I state that
it is indeed the decision of the petitioner to breakup the matrimonial ties
with the petitioner because he is now in need of a person who can halp him
obtain a green card in the USA as had been told by the petitioner to me over
the phone on one occasion. I deny that there has been any situation at my
intense which would make the relationship unbearable. I reiterate no specific allegations of cruelty has been averred in the plaint as
there had not been any such incident. I deny that I never had any love for the
petitioner or that the marriage stands only for the purpose of academic
reference or that there is no chance of any reconciliation.
30. With references to the allegations made in
paragraph 26 of the plaint I state that it is true that there is no collusion
between the petitioner and me in the matter of presenting this application. I
state that the allegations contained in the plaint are baselessand false as no
acts ofcruelty have ever been perpetrated on the petitioner by me therefore the
question of the petitioner condoning such alleged and imaginary acts does
and/or cannot arise at all.
31. With
references to the allegations made in paragraph 27 of the plaint I deny that
there is any need to sever the marital ties between him and the petitioner by
passing a decree of divorce.
32. With
references to the allegations made in paragraph 28 of the plaint I state that
no cause of action ever arose on the dates and places as has been falsely
alleged in the said paragraph or at all.
33. In the
facts and circumstances I pray that the instant suit be dismissed with
exemplary costs.
That the
statements made in paragraph 1 to 32 of the foregoing affidavit are true to my
knowledge and belief and the rest are my humble submissions before the Learned
Court.
That the
statements made in paragraph 1 and 2 of the foregoing affidavit are true to my
knowledge and belief.
Prepared in
my office
Advocate
DEPONENT
Identified by me
Advocate
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