WRITTEN OBJECTION TO THE EXPARTE VACATING PETITION FILED BY THE RESPONDENT

 

District : South 24 Parganas

 

In the Court of the Learned 9^th Judicial Magistrate, Alipore, South 24 Parganas

 

                                                          Misc. Case no.      AC/745/2023

 

                                                          In the matter of ;

 

Smt. Putul Mondal,

                ________Aggrieved Person

 

-      Versus –

 

Kartik Mondal,

                   ___________Respondent

 

WRITTEN OBJECTION TO THE EXPARTE VACATING PETITION FILED BY THE RESPONDENT;

The humble petition of the above named Aggrieved Person;

 

MOST RESPECTFULLY SHOWETH:

 

1.   That the Petitioner has filed the present case under the provisions of Section 12 & 23 the Protection of Women from Domestic Violence Act, 2005, seeking protection, monetary relief, and appropriate orders from this Learned Court against the Respondent due to acts of domestic violence perpetrated against the Petitioner.

 

2.   That the Respondent has filed an Ex Parte Vacating Petition with the oblique intention to delay the present case, and to harass the petitioner.

 

3.   That the Ex Parte Vacating Petition filed by the Respondent is not maintainable in law and is devoid of any merits, as the several opportunity has been given to the respondent to contest the present case which he defy.

 

4.   That the Petitioner has been subjected to severe acts of domestic violence, both physical and emotional, and the relief prayed before this Learned Court is necessary to prevent further harm and ensure the safety and well-being of the Petitioner.

 

5.   That the Respondent, through the present petition, is attempting to misuse the process of law to evade legal accountability and deny the Petitioner the protection she is legally entitled to under the applicable domestic violence statutes.

 

 

6.   That the reasons stated by the Respondent in the Ex Parte Vacating Petition are misleading, false, and do not hold any substantial legal ground for vacating the Ex Parte order.

 

7.   That the Petitioner seeks the dismissal of the Ex Parte Vacating Petition made by the respondent with exemplary cost.

 

8.   That this application is made bonafide and in the interest of administration of Justice.

 

 

PRAYER:

 

In view of the facts and circumstances mentioned hereinabove, it is most respectfully prayed that this Learned Court;

 

(a)    Be pleased to dismiss the Ex Parte Vacating Petition filed by the Respondent, with costs;

 

(b)    Pass such other and further orders as this Learned Court may deem just and proper in the interest of justice and equity.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Smt. Putul Mondal, Wife of Sri Kartik Mondal, aged about 52 years, by faith Hindu, by Occupation House Wife, residing at Premises being no. C/42, Jamuna Nagar, Post Office – Mukundapur, Police Station – Purba Jadavpur, Kolkata – 700099, District – South 24 Parganas, do hereby solemnly affirm and says as follows;

 

1.   That I am the aggrieved person in the present application. I am acquainted and conversant with the material facts stated in the foregoing paragraph of this application. I am competent to swear this affidavit.

 

2.   That the statement made in paragraph no. 1, 2, & 3, are true to my knowledge and belief and the rests are my humble submissions before the Learned Court.

 

That the statements made above are true to my knowledge and belief.

 

 

 

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber;

 

Advocate

Date : _______________2025,

Place :Alipore Police Court,

 

N O T A R Y