Written Objection

 

 

 

District: South 24 parganas

IN THE COURT   OF THE   LEARNED   FAST TRACK 6^TH JUDGE AT ALIPORE

 

                                              Matrimonial suit no.  9 of 2013                                                                

                                             Sib Sankar Bose

                                            

                                                                    ……………. Petitioner/ Husband

 

                                                   -Versus-

 

                                             Rumpa Bose (Saha)                                                                                                                                             

                                                                   ……………. Respondent/ wife

                                                                                                                                                                     

WRITTEN OBJECTION AGAINST AN APPLICATION UNDER SECTION 151 C.P.C.

                                                                        

Most Respectfully Sheweth:-

1.                 That the application is not maintainable either in law or in facts.

 

2.                 That the application is false, frivolous, concocted and malafide one.

 

3.                 That your respondent has no locus standi to file an application under section 151 C.P.C. for stay all the proceedings whereas the law says that under section 151 C.P.C.  has not been applicable where specific provision is there.

 

4.                 That your petitioner respectfully submits before your Honour’s Court that it is common ground that the inherent power of the Court cannot override the express provisions of the law. In other words, if there are specific provisions of the Code dealing with a particular topic and they expressly or by necessary implication exhaust the scope of the powers of the Court or the jurisdiction that may be exercised in relation to a matter the inherent power of the Court cannot be invoked in order to cut across the powers conferred by the Code.

 

 

 

 

5.                 That your petitioner/husband denies each and every allegation made and contained in different Para of the petition save and except those which has been specifically admitted hereunder.

 

6.                 That the statements made in Paragraph No. 1 to 3 are admitted by the petitioner.

 

 

 

7.                 That the contained in Para 4 and 5 of the 151 petition are false and fabricated whereas your petitioner pay Rs.2000/- in every month to your respondent as per the order of Ld. 2^nd J.M. Court(Barrackpore) and your petitioner prefer to appeal against the order no.12 dtd.01.10.2013.

 

8.                 That your respondent is not interested to return her matrimonial house and also your respondent not interested to continue her matrimonial relation with her husband whereas your respondent break her matrimonial relation voluntarily.  

 

                                                   It is therefore humbly prayed before your    

                                                   Honour that the stay application U/S 151 is

                                                   Liable to be dismissed with cost or to pass 

                                                   such other order/orders as your Honour may

                                                   deem fit and proper for the ends of justice.

                                                            

 

And for this act of kindness, as your petitioner in duty bound, shall over pray.

 

 

                                                              VERIFICATION

I, Sib Sankar Bose the petitioner/ husband do hereby declare that the statements made in the foregoing paragraphs are true to my knowledge and belief and I sign this verification this the              day of              , 2014.

 

 

                                                      

                                                                        

 

 

 

 

                                                         AFFIDAVIT

 

      I,  Sri Sib Sankar Bose son of late Santosh Bose, aged about 39 years, by faith- Hindu, by occupation- auto driver, residing at 3/119, Vidyasagar Colony, Naktala, P.O.& P.S. Patuli, Kolkata-700047, District- South 24 Parganas , do hereby solemnly affirm and declare as follows :-

                                    

 

1.     That I am the Petitioner/ husband in the above case and am well conversant with the facts and circumstances of this case and as such I am competent to swear this affidavit in this case.

                                                           

                                                       This is true to my knowledge.

 

2.     That the statements made in the foregoing paragraphs nos. 1 to 8 of this petition are true to my knowledge and belief and the rest thereof are my humble submission before this learned Court.

 

 

 

 

                                                                  -----------------------------

                                                                                       DEPONENT

 Prepared in my chamber &                                        Identified by me

read over & explained by me

in Bengali.                                                                               Advocate                                                                  

 

Advocate