District : Howrah.
In the 2nd
Court of the Learned Additional Session Judge, at Uluberia, Howrah. Orisha Trunk Rd,
Sizberia, Kalibari, Uluberia, Howrah, West Bengal 711315.
Criminal
appeal No. 03 of 2021
In
the matter of :
Smt.
Tithi De Adhikary,
_________ Appellant/ Aggrieved Person.
-
Versus –
1.
State of West Bengal;
2.
Sri Arnab De, Son of Sri Apurba Kumar
De;
3.
Smt. Sutapa De, Wife of Sri Apurba
Kumar De;
4.
Shri Apurba Kumar De, Son of Late
Haran Chandra De;
_____________Opposite
Parties/ Respondents.
Written
Objection by the Opposite Parties/ Respondents
2) Shri Arnab
De, 3) Smt. Sutapa De, and 4) Shri Apurba Kumar De;
The humble petition on behalf of the Opposite
Parties/ Respondents, most respectfully;
Sheweth as
under :
1.
That the appeal under objection is not
maintainable in fact.
2.
That the appeal under objection is not
maintainable in law.
3.
That
the present appeal under Section 29 of the Protection of Women from Domestic
Violence Act 2005, has been preferred by the aggrieved person, challenging the
Order dated 21/08/2021, passed by the Learned Additional Chief Judicial
Magistrate at Uluberia, Howrah, in Misc. Case no. 174 of 2020, praying inter
alia for interim maintenance at the tune of Rs. 40,000/- ( Rupees Forty
Thousand ) only, per month.
4.
That
the Respondents has also preferred an appeal under Section 29 of the Protection
of Women from Domestic Violence Act 2005, challenging the Order dated
21/08/2021, passed by the Learned Additional Chief Judicial Magistrate at
Uluberia, Howrah, in Misc. Case no. 174 of 2020, praying inter alia for setting
aside the interim maintenance, vide Criminal Appeal no. 4 of 2021, which is
pending before this Learned Court. The aggrieved person appeared therein.
5.
That
before dealing with the statements made in the petition under objection paragraph
wise, this Respondents, states the following facts for Your Honour’s kind
perusal :
a)
That Shri Apurba Kumar De, being the
Respondent no. 4, herein started looking for a suitable bride by refereeing to
the newspaper around September – October’ 2018. He contacted Tithi’s parent
using the contact details as mentioned in the news paper. the marriage talks
could not be continued due to someone’s demise in their family. in the
meanwhile, the respondents had other marriage prospects which the respondents
were looking into, but nothing was yield. Therefore, the talks again started
and went towards positive direction around November – December’ 2018.
b)
That the respondents thereafter
decided to visit the house of the aggrieved person herein, in east Burikhali
Bauria. The date finalization was not done yet and it was almost January’ 2019.
The Respondent no.4, had in persistent views that the marriage should not be
arrange so quickly, therefore the respondents proposed to the father and family
member of the aggrieved person for the marriage in the month of November –
December 2019, whereas on hearing such proposal the father of the aggrieved
person expressed his views as cancelled if in the month of November – December
2019. However, this is the Respondent no.2, Shri Arnab De, who asked his father
and mother to agreed on date as given by the family members of the aggrieved
person Smt. Tithi De Adhikary, as the respondent no.2, herein did not want to
cancel such marriage arrangement only for variation of date of marriage, so far.
c)
That therefore the Respondents visited
the house of the aggrieved person for final date of marriage. The respondents
have absolutely no demand but the respondents asked for the marriage hall to be
AC. The family of the aggrieved person agreed to such proposal, by expressing
their saying as “we will try our best”.
d)
That on 6th day of May’
2019, being the date of marriage has been settled. The arrangement of marriage
has been held at the behest of the aggrieved person and her family members at
marriage hall namely “Mangalik” at Village – Burikhali, Police Station –
Bauria, District – Howrah.
e)
That at the day of marriage, while the
respondents, and with their friends, relatives, reached to the marriage hall as
was acknowledged by the family members of the aggrieved person, Everybody
astonished to their utter surprise that the said marriage hall was not AC
accommodated. Whereas the friends of the respondent no.2, herein, who had
planned to stay back after the marriage had to change their plan as it was too
hot to stay.
f)
However, apart such issues of AC of
the said marriage hall, marriage between the Respondent no.2, and the Aggrieved
person herein, conducted well without any further issue or issues, so far.
g)
That after the marriage performance in
accordance with Hindu rites, and customs, the aggrieved person accompany with
the Respondents and their family members, friends, and relatives and reached to
the matrimonial house. The address of which has been depicted in the cause
title of this application.
h)
That the marriage has been registered
subsequently on 17th day of May’ 2019, at Horah district.
i)
That on 8th day of May’
2019, reception has been arranged by the Respondents, being post marriage
ceremony performance, with due invitation to the family, friends, and relatives
of the aggrieved person, herein. The reception ceremony has been arranged by
the respondents at their premises in community hall of their complex. The
reception has been well organized and food and services has served
appropriately among the participants and attendees.
j)
That while everything of reception
over, and the respondents reached to their house, the aggrieved person started
crying and said that her father along with her whole family felt very much
insulted by the respondents. The respondent no.2, asked as to who and why they
felt so to that she said that the respondents’ arrangement was not good
especially the buffet system of eating which they dislike very much. Further
she said that while her family arrived for the reception no one went to receive
them which is absolutely false as the respondent no.4, her father in law
himself went to receive them.
k)
That it is pertinent to states that at
the time of marriage, the family of the aggrieved person, did not offer any tea
and snack while people reached there. They offered directly dinner. There was
nothing prepared for people who are vegetarian. While all the scenario has been
mentioned in front of the aggrieved person, she refuted everything furiously
and behaved in much unwanted manner to the respondents.
l)
That after few days later, the
respondents while visited the house of the aggrieved person, then the same allegation
of false insult has been arisen by the father of the aggrieved person. They
also raised one another issues that maternal uncle of the respondent no.2, has
misbehaved during the marriage and has also insulted him in the reception. The
father of the aggrieved person said that his daughter should have nothing to do
with the said maternal uncle like no gifts and no ongoing to their place. For
the time being not knowing the truth, the respondent no.2, herein apologized in
front of him and said sorry on his behalf. But later the respondent no. 2, got
to know that nothing of this sort had ever happened. The respondent no.2,
herein asked few people who were present in his marriage and everyone were
unaware of anything of this sort.
m) That
after such un-eventual events and incidents, the Respondent no.2, and the
aggrieved person went for their honeymoon to Darjeeling. The Couple went by
flight from Kolkata and according the aggrieved person it was her life’s first
flight. Son naturally she was overwhelmed by the experience. The whole trip she
enjoyed to the fullest as the couple load of photographs to prove that. On 21st
May’ 2019, the couple came back at home in Sonarpur, south 24 Parganas, and
disruption started again. The respondent no.3, herein had not accepted a gift
that the aggrieved person had bought from Darjeeling because of her bad
behavior and attitude, so far, which the aggrieved person described it as an
insult to her by her mother-in-law, and therefore the aggrieved person started
quarrel at home. To much utter surprise the aggrieved person used to record
every conversation and quarrel with her mobile phone and used to relay
everything to her parents.
n)
That the aggrieved person on each and
every occasion while she picked up quarrel, asked her father to visit her
matrimonial house, and whereas the father of the aggrieved person off and on
visited the house of the respondents, and on all and every occasion, while her
father visited the house of the respondents, shouted at the door of the house in
very filthy languages and whereas on some of the occasion the vicinity people
reached at the house and intervene into unnecessary issues raised by the father
of the aggrieved person.
o)
That in this scenario the respondents
were not knowing what to expect when her father comes, so the respondents sent
the respondent no.3, to the said aunt’s place because she is a heart patient
who has gone though surgery and may not be able to take all the commotion at
behest of the aggrieved person and her father.
p)
That on 23rd May’ 2019, the
father of the aggrieved person visited the house of the respondents. Shocking
started talking about the same said marriage hall allegations and alleged
insult and all that stuff in a very high pitch tone and much insulting manner.
All this was also witnessed by paternal aunty of the respondent no.2, herein,
and the lady who worked in house of the respondents at that time. Later the
respondent no.3, and her sister, and her sister’s husband also came, they all
tried to convince them that fights can happen, but they should forget and
forgive all that and should let new couple start their lives. But her father
said that he would like to take away her daughter for a few days to his place.
The respondent no.4, herein, instead requested her father to let her stay as it
was birthday of the respondent no.2, on the 31st day of May’ 2019,
and thereafter the respondent no.2, will be leaving for his workplace at Pune
for a month, so She can go and stay in that time. Very fortunate, her father
agreed on such suggestion of the respondent no.4, herein.
q)
Though the respondent no.2 was in
trauma due to such unexpected behavior of the aggrieved person and her father,
which repeatedly occurred at their behest. The aggrieved person used to talk
and message the respondent no.4, i.e. father-in-law very rudely without any
respect. Later i.e. on 1st day of June’ 2019, the respondent no.2,
herein left for Pune.
r)
That while the respondent no.2 herein
was in Pune in course of his official duty and engagement, the aggrieved person
used to call and whatsapp to him, and where in many calls and whatsapp all
along she used to blame him about the said allegation of insult at the
marriage. According to her the respondents had insulted her father by bringing
many members of the respondents while all they were trying to do was make
everything normal. She further alleged that she was tortured so much that this
falls under domestic violence and threatened to go to police. The respondent
no.2 herein shocked to hear such versions of the aggrieved person.
s)
Somehow all the quarrel diminished by
passage of time, so far. The Respondent no.2 herein came back from Pune to
Kolkata on 1st day of July’ 2019. On such returning the respondent
no.2 herein went to her place to bring her back home. The Aggrieved person back
happily with the respondent no.2, at her matrimonial house at Sonarpur. The
Aggrieved person used to go to her office and the respondent no.4, herein being
father-in-law used to see her off at main gates and while returning the
respondent no.2, used to receive her. Every day in the morning her
father-in-law would gear up and prepare food for her because she used to get up
early and she had complained to her parents that the respondents do not feed
her properly and also not on time. In between all this she also alleged that
the water ast her matrimonial house was not good for her health and she wanted
mineral water, while the respondents have an RO machine fitted in house and
every one drink from the said machine. However, the respondent no.4, her
father-in-law used to bring for her mineral water bottle, every day, though she
was not satisfied with the brand of such mineral water.
t)
On 10th day of July’ 2019, the
aggrieved person started packing her apparel and articles and preparing to
leave her matrimonial house, and whereas while her in-laws asked why she was
leaving she said that she must study her medical exam as she is preparing for
the same and this house does not give her the right atmosphere to study and
that she does not have all her books here. Hearing this the respondents did not
stop her, thinking it was for a good reason that she is going.
u)
That the Aggrieved person packed and was
leaving while her father-in-law again went to see her off at the main gate of
complex and his surprise found her father, mother, and sister outside the gates
waiting for her. They said some insulting statements to her father-in-law,
which was witnessed the security guards at the gate. Later while the respondent
no.2, herein called her father to ask why he has insulted his father he just
shouted at him and threatened that the respondent no.2, herein need to go to
jail. That was the day the respondent no.2, herein acknowledged such facts to
the Narendrapur Police Station, by lodging GD Entry, thereof.
v)
After such communication happened over
phone and whatsapp and the quarrel continued at the behest of the aggrieved
person and her parents. Every time the topic was the same that the respondents
had insulted them a lot and that the respondent no.2, herein is of no use and
does not do his duty. The respondent no.2, herein have records of all whatsapp
interactions with her.
w) The
Aggrieved person at her own whims refused to come back and join the respondents
at her matrimonial house. However, on one day she came at her matrimonial
house, and entered into her room directly without any conversation with her in
laws, and opened her almirah and took some stuff with her. The respondent no.2,
herein asked her to stay back but she again refused and left her matrimonial
house once again.
x)
On 21st day of March’ 2020,
the respondent no.2, herein got a call from the Police Station and thereafter
the respondents came into knowledge about an FIR lodged by the aggrieved
person, herein.
y)
That thereafter the respondent no.2,
herein tried himself off and on to reconcile issues to take her and to restore
his matrimonial life with the aggrieved person but this is the aggrieved person
who on all of occasions refused and did not heed for such restoration of
matrimonial life, in any manner, whatsoever.
z)
That the respondent no.2, herein do
not have any immovable property in his name, as of now, and the respondent no.2,
herein is in Service under Mphasis Private Limited, having its office at Pune –
411028. His net income from such Salary is as of Rs. 78,308/- ( Rupees Seventy
Eight Thousand and Three Hundred Eight ) only. Total Expenditure born by the
Respondent no. 2, herein as of Rs. 75,000/- ( Rupees Seventy Five Thousand )
only. The Respondent no.2, herein have two number of family member being
dependent on him as his Father and Mother having surviving their life in their
old age. The Spouse of the respondent no.2, herein is not a dependent since She
is earning herself through her employment and sufficiently accumulate her
income to run herself and for her livelihood.
aa) That
the following proceedings are instituted before the Learned Court as initiated
by the Aggrieved person against the Respondents herein : (i) Mat Suit no. 238 of 2020 { Smt. Tithi De Adhikary
– Versus – Arnab Dey } under Section 13 of Hindu Marriage Act, before Learned
ADJ at Uluberia, Howrah; (ii) Misc. Case no. 175 of 2020 { Smt. Tithi De
Adhikary – Versus – Arnab De } under Section 125 of Cr.P.C. before the Learned
ACJM at Uluberia, Howrah; (iii) Misc. Case no. 174 of 2020 { Smt. Tithi De
Adhikary – Versus – Arnab De & Others } under Section 12 of Protection of
Women from Domestic Violence Act, before the Learned ACJM at Uluberia, Howrah;
(iv) Bauria Police Station Case no. 37 of 2020, under Section 498A, 406, &
34 of IPC and Section 3 & 4 of DP Act { State – Versus – Arnab De and
Others }, before the Learned ACJM at Uluberia, Howrah;
bb)
That the Respondents are all along
victim as well as persons of suffering of mental and physical cruelty inflicted
by the aggrieved person day by day, though the respondents tolerates such
continuous cruelty of the aggrieved person as they preferred to continue as a
healthy family, but this the aggrieved
person who all along ignore the morality of the respondents, the aggrieved
person is not a housewife lady she never participate in house hold work of day
to day, she treat and used her matrimonial house members as her servant and
always dominate to instruct the respondent no.2, and the aggrieved person
become perverse may be due to her mental illness, which she hide from the
respondents.
cc) That the aggrieved person is a cause of domestic
violence upon the respondents, the respondents are innocent, as they never did
cause any domestic violence on the aggrieved person, rather the respondents are
victim of the domestic violence inflicted by the aggrieved person, herein.
dd)
That the Respondents all along tried
off and on to take back the aggrieved person but this is the aggrieved person
who at her own whims refused to join her matrimonial tie with the respondent
no.2, herein, however, Since, the Respondent no.2, herein was in belief that
good sense will prevail on the aggrieved person, the respondent no.2, herein tried
off and on but all in vain at the instances of the aggrieved person.
- That the Respondents beg to state
that the contents and purports are different and contradictory in the
statement made by the aggrieved persons in different proceedings and
therefore the statements of the aggrieved person is untrustworthy and not
acceptable as not believable one.
- That the Respondents beg to state
that the Aggrieved Person withdrawn the Matrimonial Suit and the Misc.
Case being the proceeding under Section 125 Cr.P.C. which She instituted
and subsequently withdrawn at her own whims, without stating her any cogent
reasons, thereof.
- That the Respondents beg to
states that the Respondents are victim of cruelty, torture, and desertions
caused by the aggrieved person and by her mother upon them, continuously.
9. That
the respondent no.2, herein tried himself off and on to reconcile issues to
take her and to restore his matrimonial life with the aggrieved person but this
is the aggrieved person who on all of occasions refused and did not heed for
such restoration of matrimonial life, in any manner, whatsoever.
10.
That the Respondent no.2, herein,
all along lived separately, at Kolkata due to his job, and more particularly
due to the aggrieved person, who all along refused to stay at her in laws at
native place of the respondent no. 2, herein. The respondent no.2, herein is
husband of the aggrieved person, the respondent no.4, herein is father in law
of the aggrieved person, and the respondent no.3, herein is a mother in law of
the aggrieved person.
11.
That the respondent no.2, herein
do not have any immovable property in his name, as of now, and the respondent
no.2, herein is a under employment and thereby acquiring his Salary there from,
and this only became sources of his earning.
12.
That the Respondents are all
along victim as well as persons of suffering of mental and physical cruelty
inflicted by the aggrieved person day by day, though the respondents tolerates
such continuous cruelty of the aggrieved person as they preferred to continue
as a healthy family, but this the aggrieved
person who all along ignore the morality of the respondents, the aggrieved
person is not a housewife lady she never participate in house hold work of day
to day, she treat and used her matrimonial house members as her servant and
always dominate to instruct the respondent no.2, and the aggrieved person
become perverse may be due to her mental illness, which she hide from the
respondents.
13.
That the aggrieved person is a cause of domestic
violence upon the respondents, the respondents are innocent, as they never did
cause any domestic violence on the aggrieved person, rather the respondents are
victim of the domestic violence inflicted by the aggrieved person, herein.
14.
That the Respondent no. 2, is in
employment, and thereby he is getting Salary as of Rs. 78,000/- ( Rupees Seventy
Eight Thousand ) only, from his employer, and whereas the Respondent no. 2,
herein have no immovable property, and the Respondent no.2, herein have to
maintain his old aged parents and look after their medical treatment and other
essential necessity.
15.
That the Respondents all along
tried off and on to take back the aggrieved person but this is the aggrieved
person who at her own whims refused to join her matrimonial tie with the
respondent no.2, herein, however, Since, the Respondent no.2, herein was in
belief that good sense will prevail on the aggrieved person, the respondent no.2,
herein tried off and on but all in vain at the instances of the aggrieved
person.
- That the appeal of the aggrieved
person is not maintainable in any form of law, in the present proceeding
before the Learned Court, therefore the respondents seeks to get dismissal
of such appeal of the aggrieved person at once with exemplary costs
thereof, in the interest of administration of justice.
- That the present written
objection is made bonafide in the interest of administration of justice.
It is therefore prayed that your Honour would
graciously be pleased to allow this written objection of the respondents and to
reject and or to dismiss the appeal of the aggrieved person herein, in the
interest of administration of justice, and or to pass such other order or
orders as your Honour may, deem, fit, and proper for the end of justice.
And for this
act of kindness, the Petitioner, as in duty bound shall ever pray.
VERIFICATION
I, the
Respondent no. 2, herein, do hereby solemnly state and declare that the
statements made in the foregoing paragraphs are true to the best of my
knowledge and belief and I sign this verification on this the ______day of September’
2022, at Court premises.
Affidavit
I, Sri Arnab
De, Son of Sri Apurba Kumar De, aged about 40 years, by faith Hindu, by
Occupation Service, residing at B1/4 003, Peerless Prantik Housing Complex,
Sonarpur, Police Station – Narendrapur, District – South 24 Parganas, Kolkata –
700150, West Bengal, do hereby solemnly declare and affirm as follows :
1.
That I am competent to swear this
affidavit, and I am authorized to swear this affidavit on behalf of the
respondent no.3, and 4, who are my father and mother respectively.
2.
That I am respondent no.2, herein in
the present proceeding, before the Learned Court.
3.
That I am conversant and acquainted
with the material facts as stated in the foregoing paragraphs of my Written.
4.
That the statements as made by me in
the foregoing paragraphs in the written objection are true to the best of my
knowledge and belief.
5.
That all the above statements are true
to the best of my knowledge and belief.
DEPONENT
Identified by me,
Advocate.
Prepared in my
Chamber,
Advocate
Date :
__________________2022.
Place : Uluberia,
Howrah.
NOTARY
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