District : South 24 Parganas.
In the Court
of the Learned Chief Judicial Magistrate, at Alipore, South 24 Parganas.
AC
– 1013 of 2018
In
the matter of :
Smt.
Vandana Narang, nee Bhawani,
_________Aggrieved
Person.
-
Versus –
1.
Shri Vijaybhai M Narang alias Narang
Vijaybhai,
2.
Smt. Nitu Narang alias Neeta Ben
Narang,
3.
Sri Mohanlal Narang,
_____________Respondents.
Written Objection by the Respondents
1) Shri Vijaybhai M Narang alias Narang Vijaybhai, 2) Smt. Nitu Narang alias
Neeta Ben Narang, and 3) Sri Mohanlal Narang, against the application under
Section 12 of the Protection of Women from Domestic Violence Act’ 2005, filed
by the Aggrieved Person petitioner.
The
humble petition on behalf of the Respondents 1) Shri Vijaybhai M Narang alias
Narang Vijaybhai, 2) Smt. Nitu Narang alias Neeta Ben Narang, and 3) Sri
Mohanlal Narang, most respectfully;
Sheweth as under :
1.
That the petition under objection is not
maintainable in fact.
2.
That the petition under objection is not
maintainable in law.
3.
That
the petition under objection is false, baseless, mala fide and an
harassing one and the petitioner is put to strict proof thereof.
4.
That
the Respondents beg to states that the purported Petition is speculative,
harassing, motivated and barred by the Principles of Law and hence it is liable
to be rejected at once.
5.
That
the Respondents beg to states that the aggrieved person do not admit all
allegations made in the application of the Aggrieved Person, to be true and
save and except those that are specifically, admitted, Respondents put the Aggrieved Person, to the
Strict proof of the rest.
6.
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 the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, for the first time visited Kolkata
on 11th day of July’ 2014, as someone referred about the aggrieved
person, in pursuance to meet her, and thus stayed at Hotel Sudesh, near
Deshpriya park, and whereas the aggrieved person Smt. Vandana Narang, nee
Bhawani, came to meet the respondent no.1, herein at her own will. The
respondent no.1, stayed there for three days as of 11th day of July’
2014 to 13th day of July’ 2014, and for three days the aggrieved
person continuously visited the said hotel and meet with the respondent no.1,
herein as such the aggrieved person growing her likeness to the respondent
no.1, herein, and thus a cordial relationship growing in between the aggrieved
person and the respondent no.1, herein.
b)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, for the second time visited Kolkata
at the request of the aggrieved person i.e. on 22nd day of August’
2014, as the aggrieved person forced morally to the respondent no.1, herein to
meet with her desperately, and therefore the respondent no.1, came to Kolkata
this time for four days and stayed at the said Hotel Sudesh near Deshpriya
park, and during such stay the aggrieved person herein pursued the conjugation
with the respondent no.1, herein.
c)
That this is the aggrieved person on
whose interception the respondent no.1, herein visited Kolkata on two occasion
and cause and having conjugation at the request of the aggrieved person. The
aggrieved person was engaged in a School as teacher and thereby earning
handsome money to run herself sufficiently.
d)
That the aggrieved person represent
herself as unmarried girl to the respondent no.1, herein and lit up love with
him.
e)
That thereafter the aggrieved person
continued talk over phone, facebook, and whatsapp with the respondent no.1,
continuously for a period of four months, and planned thereof to marry with the
respondent no.1, herein.
f)
That the Respondent no.1, Shri Vijaybhai
M Narang alias Narang Vijaybhai, for the third time visited Kolkata on 28th
day of January’ 2015, and whereas on the said occasion, while everything has
been arranged for registration of marriage by the aggrieved person at Kolkata,
therefore the aggrieved person and the respondent no. 1, herein visited at the
marriage registrar and the performance has been made by the said marriage
registrar Smt. Bani Saha of 17/4A, Nafar Chandra Das Road, Behala, Kolkata –
700 034, and thereby obtain the marriage certificate in terms of the Special
Marriage Act’ 1954, and whereas all the expenses towards such marriage
registration has been paid by the respondent no.1, herein.
g)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, has stayed this time for three days
in Kolkata at the request of the aggrieved person, and thereafter left the
Kolkata for his city.
h)
That it is pertinent to states that
the family member of the aggrieved person was not in knowledge of her such love
affair with the respondent no.1, herein and consequently the marriage between
them, as the aggrieved person did not arrange to acknowledge her family member
about such relationship, which she made at her will with the respondent no.1,
herein. The respondent no.1, herein have no iota of the City of Kolkata, and he
have no contacts in the City, thus totally dependent on the aggrieved person,
and more particularly dependent on her wishes, so far.
i)
That thereafter about the consequent
four months the aggrieved person continued with her service at School as
teacher in Kolkata, and hide everything with her family members at her own
wishes, however the respondent no.1, herein accommodate his family members with
all the facts about the aggrieved person herein.
j)
That the Respondent no.1, Shri Vijaybhai
M Narang alias Narang Vijaybhai, arranged Social marriage at Gurudwara in
Ahmedabad, on 16th day of April’ 2015, while the aggrieved person
and her family members visited the respondent no.1, in city of Ahmedabad, and
whereas Social marriage has been performed in between the respondent no.1,
herein and the aggrieved person at the Gurudwara, in the city of Ahmedabad, and
the same has been registered in the books of Gurudwara, as per rituals of Sikh
religion, and provide a copy of such registration, thereof.
k)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, incurred all the expenses of such
social marriage on 16th day of April’ 2015, while the aggrieved
person and her family members visited the respondent no.1, in city of Ahmedabad,
and whereas Social marriage has been performed in between the respondent no.1,
herein and the aggrieved person at the Gurudwara, in the city of Ahmedabad, and
the same has been registered in the books of Gurudwara, as per rituals of Sikh
religion, and provide a copy of such registration, thereof.
l)
That it is pertinent to states that
the aggrieved person did not visit with her any stridhan article and more
particularly there were no gift has ever been presented by her family members,
in any manner and on any occasion, more particularly on the said occasion,
therefore the aggrieved person never went with any gift and or stridhan article
at the premises of the respondent no.1, herein.
m) That
the family members of the aggrieved person stayed for four days at the City of
the respondent no.1, herein i.e. Ahmedabad in a Hotel, of which total expenses
has been incurred by the respondent no.1, herein. The said staying at hotel was
arranged at the request of the aggrieved person, herein otherwise the house premises,
was sufficient to accommodate the family members of the aggrieved person.
n)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, thereafter continuing his
relationship as husband and wife with the aggrieved person at his house at
premises being no. B-103, Satellite Center Building, 10th floor,
Mansi Circle, Vastrapur, Ahmedabad – 380015.
o)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, took the aggrieved person to
Honeymoon to DIV in Gijarat, in the said month of April’ 2015, and incurred all
the expenses of hotel and trip, so far, in pursuance of beginning of happy
marriage life for the spouses.
p)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, arrange a service of School Teacher
in the City of Ahmedabad at the request of the aggrieved person, and therefore
the aggrieved person engaged herself as teacher in one school at the city of
Ahmedabad, since the month of May’ 2015, and thereby earning separately.
q)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, after some time went to MOUNT ABU in
Rajasthan state, a Hill Station for travel with the aggrieved person herein,
and enjoying thereby a happy marriage life. The respondent no.1, herein
incurred all the expenses of hotel and travel so far and the aggrieved person
enjoying on such expenses, thereof.
r)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, thereafter arranged another visit
tour at UDAIPUR, in Rajasthan for travel with the aggrieved person herein, and
enjoying thereby a happy marriage life. The respondent no.1, herein incurred
all the expenses of hotel and travel so far and the aggrieved person enjoying
on such expenses, thereof.
s)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, came at first at DIV in Gujarat
visit, that the aggrieved person is addicted to alcohol and wine drinking and
thus she opted for another two places, where liquor available or open for it,
and therefore in pursuance to keep happy the aggrieved person the respondent
no.1, herein arranged for liquor for the aggrieved person on permit.
t)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, thereafter leading his matrimonial
life with the aggrieved person with satisfaction but on some of the occasion it
has been seen that the aggrieved person picked up quarrel with the family
members of respondent no.1, herein on petty issues of domestic events. The
aggrieved person aroused on some of the occasion and behaved improperly and
thereby did not obey the request and saying of the family members of the
respondent no. 1, herein, however the respondent no.1, herein all along
accommodate himself and the aggrieved person with a hope that good sense will
prevail with the aggrieved person, shortly.
u)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, thereafter after few month came into
knowledge by some piece of papers which were lying with the aggrieved person,
that she was not a unmarried lady, and she was divorcee on two occasions, and
whereas the first marriage was with Mr. Sushasnt Godhwani from Kanpur in the
State of Utter Pradesh, on 13-05-2007, which lasted for 7 ( Seven ) days, and
thereafter the said marriage was dissolved by a Decree of dissolution on mutual
consent on 31st day of March’ 2009, in Matrimonial Suit no. 1650 of
2008, before the Learned District Judge, ast Alipore, South 24 Parganas, and
whereas her said husband incurred a huge amount towards her maintenance as of
Rs. 5 to 6 lakhs.
v)
That the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, thereafter after few month came into
knowledge by some piece of papers which were lying with the aggrieved person,
that she was not a unmarried lady, and she was divorcee on two occasions, and
whereas the Second marriage was with Mr. Anand Nathani of Kolkata, on
20-02-2011, and whereas the said second marriage with the said Anand Nathani,
was dissolved by the Decree of Dissolution of marriage on 22-01-2014, in
Matrimonial Suit no. 70 of 2013, before the Learned 3rd Court of
Additional District Judge, at Aliporte, South 24 Parganas.
w) That
thereafter also, as said by the aggrieved person, she was engaged in love
affair with one Shri Alok Gupta from Kolkata City, and thereafter, She engaged
herself with the respondent no.1, herein.
x)
That it is pertinent to states that
the aggrieved person was also habituated to take depression pills and medicine
and for such reasons also, she was not fit for any work and therefore in few
moths School trusty complaining about her and lastly compel her to leave the
said School job.
y)
That the Respondent no.1, herein all
along tried off and on to make understand the aggrieved person to endure to
lead happy matrimonial life, but this is the aggrieved person who all along
avoid the terms of the respondent no.1, herein, and did not take any endavour
to lead a happy conjugal life with the respondent no.1, herein.
z)
On 15-06-2016, while parents of the
respondent no.1, herein caught the aggrieved person red handed buying liquor
from liquor permit shop, it was then the parents of the respondent no. 1,
herein vehemently opposed the same to
the aggrieved person. The liquor permit and bill showing the name of the
aggrieved person. The same event happened on 12-07-2017, 19-07-2017, and on
27-07-2017, while the aggrieved person taking liquor, and therefore out of
sheer grudge against the respondent no.1, and his family member, the aggrieved
person started quarrelling with them and used unexpected rude behavior.
aa) That
the Respondent no.1, herein and his family members were trying to prevent her
from taking liquor since She was pregnant but this the aggrieved person who did
not heed anything and continuing in taking liquor which she was pregnant.
bb)
That the Respondent no.1, herein
suffering from broken leg and havs 3 ( three ) rod fixed inside his leg, and as
such the respondent no.1, is under continuing periodical treatment to lead his
average normal life.
cc) That
the Respondent no. 1, herein is a reputed man abode in his vicinity of
Ahmedabad in the state of Gujarat, and his life became null at the behest of
the aggrieved person’s acts and omissions, thereof.
dd)
That it is pertinent to states that
while on the first occasion, the Respondent no.1, hear about the pregnancy of
the aggrieved person, the Respondent no.1, herein and his parents were so
happy, which cannot describe in any words in the universe. But the aggrieved
person asked herself for abortion, which the respondent no.1, and his family
members denied vehemently and make her understand that the said pregnancy is a
gift of god and mother hood is necessary for any woman being.
ee) That
the Respondent no.1, herein took the aggrieved person for Check up to Sanjivani
Hospital on 17-04-2017 where USG Abdomen and X Ray KUB has been done, wherefrom
her pregnancy was confirmed by the said Hospital Sanjivani, and thereafter
under the Doctor’s advise the aggrieved person visited the Gynecologist
Chaitasi, on 25-04-2017, for the consultation to take care during such
pregnancy of the aggrieved person. The Respondent no.1, incurred all expenses
of Sanjivani Hospital and the said
Gynecologist Chaitasi, and the expenses of all medicine as advised by
the Doctors to the aggrieved person.
ff)
That the Respondent no.1, take all
proper care during the pregnancy period of the aggrieved person, arranged
thereof all routine check up with the Doctors and in Sanjivani Hospital, so
far, though during such period the aggrieved person increased her drinks of
liquor even after suggestion and advise of the family members of the respondent
no.1, herein.
gg) That
the aggrieved person wanted to lead a very luxury life and always wanted Drinks
and Dance Parties to attend and She was not getting at Ahmedabad at the places
of the Respondent no.1, herein. The Aggrieved person did not want to stay at matrimonial
house as house wife and more particularly did not like a homely life. The
aggrieved person was not a homely women, as nor she wanted to stay as wife nor
she wanted to stay with elder nor she had any respect for the parents of the
respondent no.1, herein, and whereas due to her such perverted behavior the
parents of the respondent no.1, herein had to leave their own house to stay at
their relative place on some of the occasions.
hh)
That the Aggrieved person was of
dominating in nature and very stubborn and always have done her own. She has
never listens to anyone. She always use to fight with the respondent no.1,
herein, on small matter and even in society building also she had fought with
the maids and Security Guards, and due to her the respondent no.1, herein had
to face a very embarrassment moment. She has given all the time importance to
her family only and her families’ interference was too much in the married life
of the respondent no.1, herein.
ii)
That the Respondent no.1, herein always
taken endavour to lead a happy conjugal life with the aggrieved person, and in
such pursuance the respondent no.1, herein make her understand but the
aggrieved person’s all along refused and avoid to accept any moral proposal for
such continuation of married life, since the family members of the aggrieved
person all along provoked her for such perverted acts and omissions towards the
respondents.
jj)
That on 16-08-2016, the aggrieved
person fought with the Security Guard on small matter of water supply and lift
not coming and had slapped the guard for which afterwards a big quarrel also
happened due to her with the committee members and consequently the said matter
was taken to Vastarpur Police Station, and the said facts has been lodged into
a General Diary Entry number 131940, dated 16-08-2016. The aggrieved person
used to quarrel and fight on small matters with everyone and everywhere. Such
an activities has been in different mode and manners also took place at her
instances in the family of the respondent no.1, herein. She use to take
depression medicine such as LAMITOR 200 and TRIPTOMOR before marriage also
Since long time she use to take such medicine and was a woman of depression.
kk)
That during pregnancy of the aggrieved
person, she occasionally visited Kolkata at her parental house, however, while
she was at ahmedabad routine checkup persuaded
by the respondent no. 1, herein, as 1) Sanjeevni hospitals reports dated
30-08-2017 of FBS by Dr. Vinay Bhomia, 2) 09-09-2017, reports of Urine analysis
and blood test report, 3) other test of kedar pathology laboratory on
13-09-2018, 4) Het Hospital check up for sonography on 14-09-2017, by Gynec Dr.
Rachna J Shah. The respondent no.1, herein was looking for good hospital at
ahmedabad but the aggrieved person was not satisfied there as she has refused
one MAY Flower Hospital, which is the Avon hospital in Ahmedabad.
ll)
That during pregnancy period the
aggrieved person had lots of quarrel on small issues which was effecting the
child but she was not aware about this. She was all making execuses as she
wanted to deliver the baby in Kolkata which she had told to the respondent
no.1, from beginning.
mm)
That during pregnancy routine check up
with the Doctors, the aggrieved person’s father took permission from the respondent
no. 3, herein to send herKolkata for her delivery. Both the parents have never
talked with each other before and after the marriage of the aggrieved person
and the respondent no.1, herein. It was for the first and last time the elder
member had only talked on phone once. Therefore the aggrieved person went to
Kolkata again in her full pregnancy period, which the respondent no.1, was not
allowing as he apprehending about any short of unfortunate event may happen
with such pregnancy of the aggrieved person, in air travel. The aggrieved
person went in the month of September’ 2017, after her check up from Dr, Rachna
J Shah, in which the Dr. also did not give her the permission to travel but she
went to Kolkata.
nn)
That the Respondent no.1, herein gave
Rs. 10,000/- ( Rupees Ten Thousand ) only, to the Aggrieved person, at the
Ahmedabad Airport, in the month of September’ 2017.
oo) That
on 15th day of November’ 2017, the aggrieved person delivered a Baby
Girl, whose name has been recognized by the aggrieved person as Pankti. The
Respondent no.1, herein visited Kolkata and stayed with the aggrieved person in
Health Point Hospital, where no body from his in laws talked with the
respondent no.1, herein, but they fought with the respondent no.1, in the
Hospital itself. The Respondent no.1, herein gave Rs. 30,000/- ( Rupees Thirty
Thousand ) only, in hand to the aggrieved person, in hospital itself, and
incurred all medical expenses of the said hospital causing for delivery of
baby.
pp)
That while the respondent no.1, return
back to his house at Ahmedabad, then after few days, the aggrieved person
requested the respondent no.1, for separate mess with the inlaws, otherwise she
won’t come back from Kolkata. The respondent no.1, had to make her a separate
kitchen in his own house for her with all the facilities in which the
respondent no.1, had to spend as of Rs. 1,50,000/- ( Rupees One Lakh and Fifty
Thousand ) only, and thereafter renovation of room also done by the respondent
no.1, as was asked by the aggrieved person.
qq) That on 22-03-2018, the aggrieved person
visited her matrimonial house at ahmedabad, and she was welcomed by the
respondents with Baby Pankti and as such there was lots of happiness to the respondents.
rr) That
after few days, the aggrieved person started provoking the respondent no.1,
herein for arrangement of separate leaving and refused to stay with her in laws
in any manner, and such manner of her became so aroused that she used to pick
up quarrel every time with the respondent no.1, herein and for such reason
alone she started to quarrel with her in laws more particularly in absence of
the respondent no.1, herein. She used to disrespect and dishearten her old aged
in laws in different pretext and manners, in pursuance to compel the
respondents for an arrangement of separate mess for her.
ss) That
the respondent no.1, herein, was taking proper care and nutrition to new born
baby Pankti, in all possible manners and there was no deficiency in caring
baby.
tt)
That on 4th day of April’
2018, the aggrieved person as usual to her behavior, picked up quarrel with her
in laws while the respondent no.1, herein was not at his home.
uu)
That on 27-11-2016, an accident
occurred with the Respondent no.1, herein, in which his leg fractured and
therefore he was admitted in hospital, and whereas three rods has been fixed up
by the doctors through operation of such leg of the respondent no.1, herein in
which a huge expenses has been incurred
by the respondent no.1, herein. The respondent no.1, herein due to such
medical treatment and operation of his fractured leg, was on bed for about six
months and due to such the family members of the aggrieved person started
interference saying inter alia that this man has become handicapped and they use
to brain wash the aggrieved person and provoked more quarrel in the family,
while the respondent no.1, herein was still on bed and under treatment.
vv) That
this is pertinent to states that during the treatment of fractured leg of the
respondent no.1, herein, not a single family member ever visited ahmedabad to
see and or to visit the respondent no.1, herein during the treatment tenure of
the said six months period, and more particularly no family member of the
aggrieved person ever make any call to the respondent no.1, herein as to ask
about his treatment and the events so far.
ww)
That during such treatment of
fractured leg of the respondent no.1, herein, has was totally dependent on the
aggrieved person, as he was not able to walk and or to move and in such
circumstances, the aggrieved person used to call handicapped person to the
respondent no.1, herein, and said that he is of no use, and always blaming and
using filthy languages to the respondent no.1, herein.
xx) That
on 04-07-2017, the respondent no.3, angioplasty and ballon surgery heart
operation was done in CIMS HOSPITAL, and he got discharge on 06-07-2017, and
whereas the aggrieved person herein did not take any care to the respondent
no.3, and did not even talk with him in a single word. She had a very rough
attitude and always shown her arrogance, due to this the respondent no.3, herein who
recently went through a heart surgery, had to leave his own house and went to
stay at relative places as he was a heart patient and he seeks to live
peacefully.
yy) That
the Respondent no.1, having mobile number as 9824082128, and whereas on
15-09-2018, at midnight at about 01:36 hours to 03:12 hours from various Fourn
numbers of mobile total as of 45 to 50 calls had come but since the respondent
no.1, was in sleeping and therefore he was not able to receive and or to take
those calls and therefore he had seen in the morning then and there were
threatening messages in it. The followings are the details of such calls made
from Kolkata :
1.
Mobile number 9748181211 – 15 ( fifteen
) calls;
2.
Mobile number 8585005344 – 15 (
fifteen ) calls;
3.
Mobile number 9830025886 – 08 ( eight
) calls;
4.
Mobile number 9830055325 – 09 ( nine )
calls;
zz) That
from the Mobile number 9748181211, there were sic ( 6 ) messages threatening
for involving in false cases through police and abusive languages and from
mobile number 8585005344, there was one message threatening for involving in
false cases through police and abusive languages.
aaa)
That the respondent no. 1, herein
lodge such facts with his local police Station at Vastrapur Police Station,
Drive-in Road, Thaltej, Ahmedabad, on 17-09-2018, through a written complaint.
bbb)
That on 29-08-2018, the respondent no.
1, was compelled in circumstances to pay Rs. 10,000/- ( Rupees Ten Thousand )
only per month to his father Shri Mohanlal Savaldas Narang, and his mother Smt.
Nitaben Mohanlal Narang, before the Maintenance Tribunal, Sub Divisional
Magistrate ( West ) Office, First Floor, District Seva Sadan, Subhashbridge,
Ahmedabad, in terms of the provision of Section 4(1) of Maintenance and Welfare
of Senior Citizen Act’ 2007.
ccc)
That on 04.04.2018, the aggrieved
person raised quarrels with Smt. Nitaben Mohanlal Narang, at her own whims and
also assaulted her and during such acts of assault by the aggrieved to an old
aged lady she fell down on the floor and sustained injury thereof and whereas
Shri Mohanlal Narang, rushed to Sola Civil Hospital, in the locality for
immediate treatment of Smt. Nitaben
Mohanlal Narang, and lodge such facts with Charge Officer, of Vastrapur Police
Station, Ahmedabad City, and whereas while the respondents were at hospital in
night at about 12 am, the aggrieved person arranged herself to leave her
matrimonial house with the female child accompany all her ornaments and wearing
so far, and stayed at the neighbor, and thereafter the aggrieved person at her
own will and choice leave ahmedabad on 6th day of April’ 2018, for
Kolkata.
ddd)
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 and tried herself
to lead most luxurious life, as to attend disco party, drinking of alcohol, and
smoking etc. 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 to her father in law,
mother in law, and all other persons of the respondent no.1, and the aggrieved
person become perverse may be due to her two divorce occasions, which she hide
from the respondents.
eee)
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.
fff) That
the aggrieved person continued her torture upon the respondents through her
family members and herself over mobile phone’s call even during the pendency of
the proceeding before the Learned Court, by using abusive languages and
threatening, thereof. The mobile recording is lying with the respondent no.1,
in his mobile, which may produce as and when may require, and or at the time of
hearing, in pursuance to establish such facts.
ggg)
That the Respondent no. 1, is in
employment, and thereby he is getting Salary as of Rs. 27,000/- ( Rupees Twenty
Seven Thousand ) only, from his employer M/s. New Laxmi Rumal house, having its
office at premises being no. 850, Kalupur, Ahmedabad, and whereas the
Respondent no. 1, herein have no immovable property, and thus he is staying at
the residence of his father and thereby paying Rs. 10,000/- per month rent to
his old aged father, and therefore the respondent no.1, have only Rs. 17,000/-
( Rupees Seventeen Thousand ) only to run himself in such meager money.
hhh)
That the Respondents all along tried
off and on to take back the aggrieved person and the minor female child but
this is the aggrieved person who at her own whims refused to join her
matrimonial tie with the respondent no.1, herein, however, Since, the
Respondent no.1, herein was in belief that good sense will prevail on the
aggrieved person, the respondent no.1, herein placed one application for
restitution of conjugal rights before the Hon’ble Family Court of Ahmedabad,
vide F.S. no. 983 of 2018 { Vijay Mohanlal Narang – Versus – Vandana Vijay
Narang }.
7.
That without waiving any of the
aforesaid Objections and Facts and fully relying thereupon and without
prejudice to the same. The Aggrieved person now deals with the specific
paragraphs of the said Application in seriatim as hereunder.
- Save and except the statements made in
the said application which are matter of record, the aggrieved person
denies each and every allegations contained in the said application and
calls upon the respondents to strict proof of the said allegations.
- That
with references to the statements made in paragraph nos. 1, 2, 3, and 4,
of the application, the respondents deny and disputes each and every
allegations made therein save and except what are the matters of record.
The respondents repeat and reiterate the statements made in paragraph
no.6, herein above. The respondents states that the Respondent no.1, Shri
Vijaybhai M Narang alias Narang Vijaybhai, for the first time visited
Kolkata on 11th day of July’ 2014, as someone referred about
the aggrieved person, in pursuance to meet her, and thus stayed at Hotel
Sudesh, near Deshpriya park, and whereas the aggrieved person Smt. Vandana
Narang, nee Bhawani, came to meet the respondent no.1, herein at her own
will. The respondent no.1, stayed there for three days as of 11th
day of July’ 2014 to 13th day of July’ 2014, and for three days
the aggrieved person continuously visited the said hotel and meet with the
respondent no.1, herein as such the aggrieved person growing her likeness
to the respondent no.1, herein, and thus a cordial relationship growing in
between the aggrieved person and the respondent no.1, herein, and
thereafter for the second time visited Kolkata at the request of the
aggrieved person i.e. on 22nd day of August’ 2014, as the
aggrieved person forced morally to the respondent no.1, herein to meet
with her desperately, and therefore the respondent no.1, came to Kolkata
this time for four days and stayed at the said Hotel Sudesh near Deshpriya
park, and during such stay the aggrieved person herein pursued the
conjugation with the respondent no.1, herein, and this is the aggrieved
person on whose interception the respondent no.1, herein visited Kolkata
on two occasion and cause and having conjugation at the request of the
aggrieved person. The aggrieved person was engaged in a School as teacher
and thereby earning handsome money to run herself sufficiently. The
aggrieved person represent herself as unmarried girl to the respondent
no.1, herein and lit up love with him, and thereafter the aggrieved person
continued talk over phone, facebook, and whatsapp with the respondent
no.1, continuously for a period of four months, and planned thereof to
marry with the respondent no.1, herein, and thereafter for the third time
visited Kolkata on 28th day of January’ 2015, and whereas on
the said occasion, while everything has been arranged for registration of
marriage by the aggrieved person at Kolkata, therefore the aggrieved
person and the respondent no. 1, herein visited at the marriage registrar
and the performance has been made by the said marriage registrar Smt. Bani
Saha of 17/4A, Nafar Chandra Das Road, Behala, Kolkata – 700 034, and
thereby obtain the marriage certificate in terms of the Special Marriage
Act’ 1954, and whereas all the expenses towards such marriage registration
has been paid by the respondent no.1, herein, and has stayed this time for
three days in Kolkata at the request of the aggrieved person, and
thereafter left the Kolkata for his city. It is pertinent to states that
the family member of the aggrieved person was not in knowledge of her such
love affair with the respondent no.1, herein and consequently the marriage
between them, as the aggrieved person did not arrange to acknowledge her
family member about such relationship, which she made at her will with the
respondent no.1, herein. The respondent no.1, herein have no iota of the
City of Kolkata, and he have no contacts in the City, thus totally
dependent on the aggrieved person, and more particularly dependent on her
wishes, so far. That about the consequent four months the aggrieved person
continued with her service at School as teacher in Kolkata, and hide
everything with her family members at her own wishes, however the
respondent no.1, herein accommodate his family members with all the facts
about the aggrieved person herein. The Respondent no.1, Shri Vijaybhai M
Narang alias Narang Vijaybhai, arranged Social marriage at Gurudwara in
Ahmedabad, on 16th day of April’ 2015, while the aggrieved
person and her family members visited the respondent no.1, in city of
Ahmedabad, and whereas Social marriage has been performed in between the
respondent no.1, herein and the aggrieved person at the Gurudwara, in the
city of Ahmedabad, and the same has been registered in the books of
Gurudwara, as per rituals of Sikh religion, and provide a copy of such
registration, thereof. He incurred all the expenses of such social
marriage on 16th day of April’ 2015, while the aggrieved person
and her family members visited the respondent no.1, in city of Ahmedabad,
and whereas Social marriage has been performed in between the respondent
no.1, herein and the aggrieved person at the Gurudwara, in the city of
Ahmedabad, and the same has been registered in the books of Gurudwara, as
per rituals of Sikh religion, and provide a copy of such registration,
thereof. It is pertinent to states that the aggrieved person did not visit
with her any stridhan article and more particularly there were no gift has
ever been presented by her family members, in any manner and on any
occasion, more particularly on the said occasion, therefore the aggrieved
person never went with any gift and or stridhan article at the premises of
the respondent no.1, herein. The family members of the aggrieved person
stayed for four days at the City of the respondent no.1, herein i.e.
Ahmedabad in a Hotel, of which total expenses has been incurred by the
respondent no.1, herein. The said staying at hotel was arranged at the
request of the aggrieved person, herein otherwise the house premises, was
sufficient to accommodate the family members of the aggrieved person, and thereafter
continuing his relationship as husband and wife with the aggrieved person
at his house at premises being no. B-103, Satellite Center Building, 10th
floor, Mansi Circle, Vastrapur, Ahmedabad – 380015.
- That
with reference to the statements made in paragraph nos. 5, 6, 7, and 8, of
the application, the Respondents deny and disputes each and every
allegations made therein save and except what are the matters of record.
The respondents repeat and reiterate the statements made in paragraph no.6,
herein above. The Respondents states that the respondent no.1, herein,
arranged a service of School Teacher in the City of Ahmedabad at the
request of the aggrieved person, and therefore the aggrieved person
engaged herself as teacher in one school at the city of Ahmedabad, since
the month of May’ 2015, and thereby earning separately, and after some
time went to MOUNT ABU in Rajasthan state, a Hill Station for travel with
the aggrieved person herein, and enjoying thereby a happy marriage life.
The respondent no.1, herein incurred all the expenses of hotel and travel
so far and the aggrieved person enjoying on such expenses, thereof, and thereafter
he arranged another visit tour at UDAIPUR, in Rajasthan for travel with
the aggrieved person herein, and enjoying thereby a happy marriage life.
The respondent no.1, herein incurred all the expenses of hotel and travel
so far and the aggrieved person enjoying on such expenses, thereof, and
whereas the respondent no.1, herein, came at first at DIV in Gujarat
visit, that the aggrieved person is addicted to alcohol and wine drinking
and thus she opted for another two places, where liquor available or open
for it, and therefore in pursuance to keep happy the aggrieved person the
respondent no.1, herein arranged for liquor for the aggrieved person on
permit, and whereas thereafter leading his matrimonial life with the
aggrieved person with satisfaction but on some of the occasion it has been
seen that the aggrieved person picked up quarrel with the family members
of respondent no.1, herein on petty issues of domestic events. The
aggrieved person aroused on some of the occasion and behaved improperly
and thereby did not obey the request and saying of the family members of
the respondent no. 1, herein, however the respondent no.1, herein all
along accommodate himself and the aggrieved person with a hope that good
sense will prevail with the aggrieved person, shortly, and after few month
came into knowledge by some piece of papers which were lying with the
aggrieved person, that she was not a unmarried lady, and she was divorcee
on two occasions, and whereas the first marriage was with Mr. Sushasnt
Godhwani from Kanpur in the State of Utter Pradesh, on 13-05-2007, which
lasted for 7 ( Seven ) days, and thereafter the said marriage was
dissolved by a Decree of dissolution on mutual consent on 31st
day of March’ 2009, in Matrimonial Suit no. 1650 of 2008, before the
Learned District Judge, at Alipore, South 24 Parganas, and whereas her
said husband incurred a huge amount towards her maintenance as of Rs. 5 to
6 lakhs, and whereas after few month came into knowledge by some piece of
papers which were lying with the aggrieved person, that she was not a
unmarried lady, and she was divorcee on two occasions, and whereas the
Second marriage was with Mr. Anand Nathani of Kolkata, on 20-02-2011, and
whereas the said second marriage with the said Anand Nathani, was
dissolved by the Decree of Dissolution of marriage on 22-01-2014, in
Matrimonial Suit no. 70 of 2013, before the Learned 3rd Court
of Additional District Judge, at Alipore, South 24 Parganas, and thereafter
also, as said by the aggrieved person, she was engaged in love affair with
one Shri Alok Gupta from Kolkata City, and thereafter, She engaged herself
with the respondent no.1, herein. It is pertinent to states that the
aggrieved person was also habituated to take depression pills and medicine
and for such reasons also, she was not fit for any work and therefore in
few moths School trusty complaining about her and lastly compel her to
leave the said School job. The Respondent no.1, herein all along tried off
and on to make understand the aggrieved person to endure to lead happy
matrimonial life, but this is the aggrieved person who all along avoid the
terms of the respondent no.1, herein, and did not take any endavour to
lead a happy conjugal life with the respondent no.1, herein. On
15-06-2016, while parents of the respondent no.1, herein caught the
aggrieved person red handed buying liquor from liquor permit shop, it was
then the parents of the respondent no. 1, herein vehemently opposed the same to the aggrieved person. The
liquor permit and bill showing the name of the aggrieved person. The same
event happened on 12-07-2017, 19-07-2017, and on 27-07-2017, while the
aggrieved person taking liquor, and therefore out of sheer grudge against
the respondent no.1, and his family member, the aggrieved person started
quarrelling with them and used unexpected rude behavior. The Respondent
no.1, herein and his family members were trying to prevent her from taking
liquor since She was pregnant but this the aggrieved person who did not
heed anything and continuing in taking liquor which she was pregnant. The
Respondent no.1, herein suffering from broken leg and havs 3 ( three ) rod
fixed inside his leg, and as such the respondent no.1, is under continuing
periodical treatment to lead his average normal life. He is a reputed man
abode in his vicinity of Ahmedabad in the state of Gujarat, and his life
became null at the behest of the aggrieved person’s acts and omissions,
thereof. It is pertinent to states that while on the first occasion, the
Respondent no.1, hear about the pregnancy of the aggrieved person, the
Respondent no.1, herein and his parents were so happy, which cannot
describe in any words in the universe. But the aggrieved person asked
herself for abortion, which the respondent no.1, and his family members
denied vehemently and make her understand that the said pregnancy is a
gift of god and mother hood is necessary for any woman being. He took the
aggrieved person for Check up to Sanjivani Hospital on 17-04-2017 where
USG Abdomen and X Ray KUB has been done, wherefrom her pregnancy was
confirmed by the said Hospital Sanjivani, and thereafter under the
Doctor’s advise the aggrieved person visited the Gynecologist Chaitasi, on
25-04-2017, for the consultation to take care during such pregnancy of the
aggrieved person. The Respondent no.1, incurred all expenses of Sanjivani
Hospital and the said Gynecologist
Chaitasi, and the expenses of all medicine as advised by the Doctors to
the aggrieved person. He take all proper care during the pregnancy period
of the aggrieved person, arranged thereof all routine check up with the
Doctors and in Sanjivani Hospital, so far, though during such period the
aggrieved person increased her drinks of liquor even after suggestion and
advise of the family members of the respondent no.1, herein. The aggrieved
person wanted to lead a very luxury life and always wanted Drinks and
Dance Parties to attend and She was not getting at Ahmedabad at the places
of the Respondent no.1, herein. The Aggrieved person did not want to stay
at matrimonial house as house wife and more particularly did not like a
homely life. The aggrieved person was not a homely women, as nor she
wanted to stay as wife nor she wanted to stay with elder nor she had any
respect for the parents of the respondent no.1, herein, and whereas due to
her such perverted behavior the parents of the respondent no.1, herein had
to leave their own house to stay at their relative place on some of the
occasions. The Aggrieved person was of dominating in nature and very
stubborn and always have done her own. She has never listens to anyone. She
always use to fight with the respondent no.1, herein, on small matter and
even in society building also she had fought with the maids and Security
Guards, and due to her the respondent no.1, herein had to face a very
embarrassment moment. She has given all the time importance to her family
only and her families’ interference was too much in the married life of
the respondent no.1, herein. He always taken endavour to lead a happy
conjugal life with the aggrieved person, and in such pursuance the respondent
no.1, herein make her understand but the aggrieved person’s all along
refused and avoid to accept any moral proposal for such continuation of
married life, since the family members of the aggrieved person all along
provoked her for such perverted acts and omissions towards the
respondents. On 16-08-2016, the aggrieved person fought with the Security
Guard on small matter of water supply and lift not coming and had slapped
the guard for which afterwards a big quarrel also happened due to her with
the committee members and consequently the said matter was taken to
Vastarpur Police Station, and the said facts has been lodged into a
General Diary Entry number 131940, dated 16-08-2016. The aggrieved person
used to quarrel and fight on small matters with everyone and everywhere.
Such an activities has been in different mode and manners also took place
at her instances in the family of the respondent no.1, herein. She use to
take depression medicine such as LAMITOR 200 and TRIPTOMOR before marriage
also Since long time she use to take such medicine and was a woman of
depression. During pregnancy of the aggrieved person, she occasionally
visited Kolkata at her parental house, however, while she was at ahmedabad
routine checkup persuaded by the
respondent no. 1, herein, as 1) Sanjeevni hospitals reports dated
30-08-2017 of FBS by Dr. Vinay Bhomia, 2) 09-09-2017, reports of Urine
analysis and blood test report, 3) other test of kedar pathology
laboratory on 13-09-2018, 4) Het Hospital check up for sonography on
14-09-2017, by Gynec Dr. Rachna J Shah. The respondent no.1, herein was
looking for good hospital at ahmedabad but the aggrieved person was not
satisfied there as she has refused one MAY Flower Hospital, which is the
Avon hospital in Ahmedabad. The aggrieved person had lots of quarrel on
small issues which was effecting the child but she was not aware about
this. She was all making execuses as she wanted to deliver the baby in
Kolkata which she had told to the respondent no.1, from beginning. During
pregnancy routine check up with the Doctors, the aggrieved person’s father
took permission from the respondent no. 3, herein to send herKolkata for
her delivery. Both the parents have never talked with each other before
and after the marriage of the aggrieved person and the respondent no.1,
herein. It was for the first and last time the elder member had only
talked on phone once. Therefore the aggrieved person went to Kolkata again
in her full pregnancy period, which the respondent no.1, was not allowing
as he apprehending about any short of unfortunate event may happen with
such pregnancy of the aggrieved person, in air travel. The aggrieved
person went in the month of September’ 2017, after her check up from Dr,
Rachna J Shah, in which the Dr. also did not give her the permission to
travel but she went to Kolkata. The Respondent no.1, herein gave Rs.
10,000/- ( Rupees Ten Thousand ) only, to the Aggrieved person, at the
Ahmedabad Airport, in the month of September’ 2017. On 15th day
of November’ 2017, the aggrieved person delivered a Baby Girl, whose name
has been recognized by the aggrieved person as Pankti. The Respondent
no.1, herein visited Kolkata and stayed with the aggrieved person in
Health Point Hospital, where no body from his in laws talked with the respondent
no.1, herein, but they fought with the respondent no.1, in the Hospital
itself. The Respondent no.1, herein gave Rs. 30,000/- ( Rupees Thirty
Thousand ) only, in hand to the aggrieved person, in hospital itself, and
incurred all medical expenses of the said hospital causing for delivery of
baby. While the respondent no.1, return back to his house at Ahmedabad,
then after few days, the aggrieved person requested the respondent no.1,
for separate mess with the in laws, otherwise she won’t come back from
Kolkata. The respondent no.1, had to make her a separate kitchen in his
own house for her with all the facilities in which the respondent no.1,
had to spend as of Rs. 1,50,000/- ( Rupees One Lakh and Fifty Thousand )
only, and thereafter renovation of room also done by the respondent no.1,
as was asked by the aggrieved person.
- That
with reference to the statements made in paragraph nos. 9, 10, 11, and 12,
of the application, the respondents deny and disputes each and every
allegations made therein save and except what are the matters of record.
The respondents repeat and reiterate the statements made in paragraph no.6,
herein above. The Respondents state that on 22-03-2018, the aggrieved
person visited her matrimonial house at ahmedabad, and she was welcomed by
the respondents with Baby Pankti and as such there was lots of happiness
to respondents, and after few days,
the aggrieved person started provoking the respondent no.1, herein for
arrangement of separate leaving and refused to stay with her in laws in
any manner, and such manner of her became so aroused that she used to pick
up quarrel every time with the respondent no.1, herein and for such reason
alone she started to quarrel with her in laws more particularly in absence
of the respondent no.1, herein. She used to disrespect and dishearten her
old aged in laws in different pretext and manners, in pursuance to compel
the respondents for an arrangement of separate mess for her. The
respondent no.1, herein, was taking proper care and nutrition to new born
baby Pankti, in all possible manners and there was no deficiency in caring
baby. On 4th day of April’ 2018, the aggrieved person as usual
to her behavior, picked up quarrel with her in laws while the respondent
no.1, herein was not at his home. On 27-11-2016, an accident occurred with
the Respondent no.1, herein, in which his leg fractured and therefore he
was admitted in hospital, and whereas three rods has been fixed up by the
doctors through operation of such leg of the respondent no.1, herein in which
a huge expenses has been incurred
by the respondent no.1, herein. The respondent no.1, herein due to
such medical treatment and operation of his fractured leg, was on bed for
about six months and due to such the family members of the aggrieved person
started interference saying inter alia that this man has become
handicapped and they use to brain wash the aggrieved person and provoked
more quarrel in the family, while the respondent no.1, herein was still on
bed and under treatment. This is pertinent to states that during the
treatment of fractured leg of the respondent no.1, herein, not a single
family member ever visited ahmedabad to see and or to visit the respondent
no.1, herein during the treatment tenure of the said six months period,
and more particularly no family member of the aggrieved person ever make
any call to the respondent no.1, herein as to ask about his treatment and
the events so far. During such treatment of fractured leg of the
respondent no.1, herein, has was totally dependent on the aggrieved
person, as he was not able to walk and or to move and in such
circumstances, the aggrieved person used to call handicapped person to the
respondent no.1, herein, and said that he is of no use, and always blaming
and using filthy languages to the respondent no.1, herein. On 04-07-2017,
the respondent no.3, angioplasty and ballon surgery heart operation was
done in CIMS HOSPITAL, and he got discharge on 06-07-2017, and whereas the
aggrieved person herein did not take any care to the respondent no.3, and
did not even talk with him in a single word. She had a very rough attitude
and always shown her arrogance, due
to this the respondent no.3, herein who recently went through a heart
surgery, had to leave his own house and went to stay at relative places as
he was a heart patient and he seeks to live peacefully.
- That
with reference to the statements made in paragraph nos. 13, 14, 15, and 16,
of the application, the respondents deny and disputes each and every
allegations made therein save and except what are the matters of record.
The respondents repeat and reiterate the statements made in paragraph
no.6, herein above. The Respondents state that the respondents denied the
statements as made by the aggrieved person in paragraph number 13, 14, 15,
and 16, thereof. The respondents denied that incidentally on April 4,
2018, at about 3 p.m. the brother and a sister of the mother in law of
your petitioner i.e. opposite party no. 4, came to her matrimonial home
and all of a sudden without any provocation they had conjointly started
making disparaging and indecent remarks loudly towards your petitioner and
her paternal family members and on being protested by your petitioner, all
of them too furious and thereby started assaulting your petitioner in
black and blue with an intent to driven out your petitioner with her 5
months old daughter from their house immediately. Since no such incident
has ever been happened on the said date and time and as such a cooked up
story has been placed by the aggrieved person to in clinch issues in her
favour.
- That
with reference to the statements made in paragraph nos. 17, 18, 19, 20,
and 21, of the application, the respondents deny and disputes each and
every allegations made therein save and except what are the matters of
record. The respondents repeat and reiterate the statements made in
paragraph no.6, herein above.
- That
with reference to the statements made in paragraph nos. 22, 23, 24, 25, 26,
27, 28, and 29, of the application, the respondents deny and disputes each
and every allegations made therein save and except what are the matters of
record. The respondents repeat and reiterate the statements made in
paragraph no.6, herein above.
- That
since no documents has been served with the said purported petition, the respondents
are unable to put forward any comments thereon, and therefore seeks to get
a copy of documents and or papers relied upon by the aggrieved person, if
any, and on getting such documents and or papers, the respondents placed their
additional written objections thereof, in the interest of administration
of justice.
- That
the application 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 application 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 ther 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
application 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
We, the Respondents herein, do hereby
solemnly state and declare that the statements made in the foregoing paragraphs
are true to the best of our knowledge and belief and We sign this verification
on this the ______day of November’ 2018, at Alipore Court premises.
Affidavit
We, 1) Shri Vijaybhai M Narang alias
Narang Vijaybhai, Son of Sri Mohanlal
Narang aged about ______years, by faith Hindu, by Occupation Service, residing
at premises being no. B-103, Satellite Center Building, 10th Floor,
Mansi Circle, Vastrapur, Ahmedabad – 380015, 2) Smt. Nitu Narang alias Neeta
Ben Narang, Wife of Sri Mohanlal Narang, aged about ____years, by faith Hindu,
by Occupation House Wife, residing at premises being no. B-103, Satellite
Center Building, 10th Floor, Mansi Circle, Vastrapur, Ahmedabad –
380015, 3) Sri Mohanlal Narang, Son of _______________, aged about ______years,
by faith Hindu, by Occupation Business, residing at premises being no. B-103,
Satellite Center Building, 10th Floor, Mansi Circle, Vastrapur,
Ahmedabad – 380015, do hereby solemnly declare and affirm as follows :
1.
That we are competent to swear this
affidavit.
2.
That we are respondents in the present
proceeding, before the Learned Court.
3.
That We are conversant and acquainted
with the material facts as stated in the foregoing paragraphs of our Written
Objection.
4.
That the statements as made by us in
the foregoing paragraphs in the written objection are true to the best of our
knowledge and belief.
5.
That all the above statements are true
to the best of our knowledge and belief.
DEPONENTS
Identified by me,
Advocate.
Prepared
in my Chamber,
Advocate
Date
: __________________2018.
Place
: Alipore Criminal Court.
NOTARY
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