Friday, May 26, 2023

Written Objection in Domestic Violence Case

 

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.

 

  1.  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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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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