Reply

 

 

By Registered Post / Speed Post

                                                         

Ref.: PD / 3108-7438/ CS/2024          Date : 26^th day of November’ 2024

 

WITHOUT PREJUDUICE

To,

Bipasha Sur, Advocate

Barrackpore Sub Divisional

Court Complex (Civil & Criminal)

Cantonment Barrackpore,

Kolkata – 700120,

District – North 24 Parganas,

Mobile No.: 9330142382.

 

                                                          Ref.: Your Letter dated 18/11/2024;

                                                         

Your Client : KRISHNA GOPAL SUR, Son of Late Subir Chandra Sur, residing at Premises being no. 5 no. Lane Sankha Banik Colony Ghosh Para Road, Police Station – Totagarh, District – North 24 Parganas, Pin – 700120.

 

My Client : SMT. CHAMPA SUR, Wife of Krishna Gopal Sur, Daughter of Biswanath Mistry, residing at Premises being No. 20, Vivekananda Road, Purba Jadavpur, Post Office – Santoshpur, Police Station Surve Park, Kolkata – 700075, District South 24 Parganas.

 

 

 

REPLY OF YOUR LETTER DATED 18/11/2024

 

Dear Madam,

 

Under instructions of my Client Smt. Champa Sur, Wife of Krishna Gopal Sur, Daughter of Biswanath Mistry, residing at Premises being No. 20, Vivekananda Road, Purba Jadavpur, Post Office – Santoshpur, Police Station Surve Park, Kolkata – 700075, District South 24 Parganas, I write you as follows;

 

1.        That my Client is in receipt your Letter dated 18/11/2024, as the same has been delivered by the Post Office to my Client. My Client astonished on bare perusal of the said Letter dated 18/11/2024, as the said Letter did not disclose the facts and true states of affair. Thereafter my client handed over the said Letter dated 18/11/2024, to me with specific instructions to reply of your Letter dated 18/11/2024.

 

2.        That Your Letter dated 18/11/2024, is an outcome of the false and concocted story given by your Client. Your Client never accommodate you with the true states of affair and the real facts, so far, which has been surfaced by and between my client and your client, ever during their abode together.

 

3.        That Since the day i.e. 19^th day of March’ 2024, my client compelled to reside under the roof of her parent with her minor child as your client has driven out her with the minor child following his brutal physical and mental torture on my client after few months of their marriage.

 

 

 

 

4.        That the allegations leveled against my Client in your said purported Letter dated 18/11/2024, as “That meanwhile my client came to know that you have an ill relation with one person and when my client protested on such ill acts then you used to behave with my client in a very harsh and rude manner.” is a bald statement which has no significance in consonance with any real facts. Such a False character assassination allegation constitutes Matrimonial Cruelty, as reported in Santosh Sahay v. Hanuman Sahay, 2016 SCC OnLine Del 5503, decided on  07.10.2016, wherein the Hon’ble Delhi High Court’s Division Bench of Pradeep Nandrajog, Pratibha Rani, JJ. held that if a false character assassination allegation is made by either spouse it would invariably constitute matrimonial cruelty.

 

5.        That my Client live herself with her minor child at the mercy and kindness of her old aged parents, since the said unfortunate the 19^th day of March’ 2024, being the day of driven out by your client to my client with the minor child, and the 8 months 7 days passes, your Client did not take any recourses for reconciliation, even did not pay any single penny towards the maintenance of my client as well as maintenance of the minor child. Your client did not even heed to see the minor child; But taken all recourses to inflict mental torture on my Client, continuously, and the present Letter dated 18/11/2024, is one of the recourses amongst others.

 

6.        That in the afore-stated circumstances your Letter dated 18-11-2024, cannot be termed as a Legal Notice, so far. Your letter dated 18-11-2024 is a futile ceremony arranged by your client to victimize my client once again. The threat to take shelter before the proper forum of law in search of Justice, based on a false character assassination allegation constitutes Matrimonial Cruelty to entitle other spouse to seek divorce.

 

 

I for and on behalf of my Client requesting you to ask your client to place apology to my client for the letter dated 18-11-2024, and to withdraw, rescind, & cancelled the said Letter dated 18-11-2024, with immediate effect upon due communication to my client, preferably within a period of seven days a week from the day of receipt of this reply to your client and restrained himself in repeating the same in near future, otherwise my client shall take appropriate legal recourses against your client at your client’s Cost & Peril, which please note, copy kept for future references.

 

Kindly do the needful & oblige.

 

Thanking you,

 

Yours’ faithfully,

 

 

Pritam Das

Advocate

High Court Calcutta

 

Copy to;

 

KRISHNA GOPAL SUR, Son of Late Subir Chandra Sur, residing at Premises being no. 5 no. Lane Sankha Banik Colony Ghosh Para Road, Police Station – Totagarh, District – North 24 Parganas, Pin – 700120.

 

{for necessary information only}