District : Howrah.
In the Court of the Learned Additional
Chief Judicial Magistrate, at Uluberia, Howrah. Orisha
Trunk Rd, Sizberia, Kalibari, Uluberia, Howrah, West Bengal 711315.
Misc.
Case no. 359 of 2022
In
the matter of :
Smt.
Tithi De Adhikary, Wife of Sri Arnab De, and Daughter of Sri Somnath Adhikary,
residing at Village – East Burikhali, Post Office – Burikhali, Police Station –
Bauria, District – Howrah - 711310,
_________Petitioner.
-
Versus –
Sri
Arnab De, Son of Sri Apurba Kumar De, residing at B1/4 003, Peerless Prantik
Housing Complex, Sonarpur, Police Station – Narendrapur, District – South 24
Parganas, Kolkata – 700150,
___________Opposite Party.
Written Objection by the Opposite Party
Shri Arnab De, against the interim application
under Section 125 of the Criminal Procedure Code’ 1973, filed by the
Petitioner.
The
humble petition on behalf of the Opposite Party
Shri Arnab De, 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 Opposite Party 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
pertinently, the Petitioner has placed one application under Section 125
Cr.P.C. in the year 2020, which has been numbered as Misc. Case no. 175 of
2020, and was before this Learned Court of Additional Chief Judicial
Magistrate, Uluberia, Howrah. The Opposite Party was in receipt of the notice,
duly appeared and placed his written objection to the application under Section
125 Cr.P.C. and the interim application therein on 13-07-2021. On the said date
on 13-07-2021, the petitioner was obliged to withdraw the said proceeding under
Section 125 Cr.P.C. by way of tendering her wishes of withdrawal before the
Learned Court.
6.
That
it is not out of the mentioning that the Petitioner has also lodged an
application under Section 12 and 23 of the Protection of Women from Domestic
Violence Act, 2005, against the Opposite Party and his parents, which has been
numbered as Misc. Case no. 174 of 2020, which is still pending before the
Learned Court of the Additional Chief Judicial Magistrate, at Uluberia, Howrah.
The application under Section 23 of the Protection of Women from Domestic
Violence Act, 2005, has been decided by this Learned Court by Order dated
21-08-2021. By the said Order dated 21-08-2021, the Learned Court was pleased
to direct this Opposite Party to pay maintenance allowance as monetary relief
of Rs. 18,000/- per month to the petitioner, herein. Subsequently, the petitioner
challenged the said order for interim maintenance by way of Criminal Appeal
under Section 29 of the Protection of Women from Domestic Violence Act, 2005,
before the Learned Additional District Session Judge, Uluberia, Howrah, the
said appeal was registered as Criminal Appeal no. 3 of 2021. The Opposite Party
also challenged the said Order dated 21-08-2021, by way of Criminal appeal
under Section 29 of the Protection of Women from Domestic Violence Act, 2005,
before the Learned Additional District Session Judge, Uluberia, Howrah. Both
the appeal transferred to the Learned 2nd Court of Additional
District & Session Judge, Uluberia, Howrah, for adjudication. Both the
appeal tagged together for analogous hearing.
7.
That
on 30/09/2022, the Learned 2nd Court of Additional District &
Session Judge, Uluberia, Howarah, was pleased to pass an Order of stay of the
proceeding under Section 12 & 23 of the Protection of Women from Domestic
Violence Act, 2005, vide Misc. Case no. 174 of 2020, pending before the Learned
Additional Chief Judicial Magistrate, Uluberia, Howrah, in Criminal Appeal no.
04 of 2021. By the Order no. 10 dated 30-09-2022, passed in Criminal Appeal no.
04 of 2023, by the Learned 2nd Court of Additional District &
Session Judge, Uluberia, Howrah, was pleased to direct the opposite party
herein to pay a sum of Rs. 7,131/- per month to the petitioner herein, in the
light of the several celebrated judgment on maintenance.
8.
That
the Order no. 10 dated 30-09-2022, passed in Criminal Appeal no. 04 of 2023, by
the Learned 2nd Court of Additional District & Session Judge,
Uluberia, Howrah, by which the Learned Court was pleased to direct the opposite
party herein to pay a sum of Rs. 7,131/- per month to the petitioner herein, in
the light of the several celebrated judgment on maintenance, and the said order
is binding on this opposite party as well as on the petitioner in the present
proceeding before this Learned Court.
9.
That
the Opposite Party beg to states that the Petition under objection has been
placed on distorted material facts therefore liable to be dismissed inlimnie.
10.
That
the Opposite Party beg to states that the petition under objection is in nature
of a petition for enhancement of the maintenance allowance, and if this is so,
she could place appropriate application before the Learned 2nd Court
of Additional District & Session Judge, Uluberia, Howrah. However She has
placed one Criminal appeal no. 03 of 2021, wherein she seeks the enhancement of
the maintenance allowance, which is still pending before the concerned Court
for adjudication in terms of the Law.
11.
That
the Opposite Party beg to states that the Petitioner had also preferred one
Matrimonial Suit no. 238 of 2020, before the Learned Additional District &
Session Judge, Uluberia, Howrah, against this opposite party. Subsequently she
withdraw the said matrimonial suit.
12.
That
the Opposite Party beg to states that the Petitioner is continuing in lodging
several cases against the opposite party, and subsequently withdrawing at her
own whims and wishes on due deposition before the Learned Court; But the
present proceeding has been again lodged by her on distorted facts and
circumstances, stated therein.
13.
That
the Opposite Party beg to states that the Petitioner placing multiple
proceeding which causes several harassment to this Opposite Party. The present
proceeding has been lodged by the petitioner in the nature of appeal before
this Learned Court, while the maintenance allowance has been decided by the
Upper Forum, the decisions are binding on the parties, and on the Learned Court
below, as well.
14.
That
the Opposite Party beg to states that in each and every proceeding the
petitioner is changing her Learned Advocate very frequently, and her conduct
before the Learned Court is not even in acceptable, the previous several
occasions are witnesses before this Learned Court.
15.
That
the Opposite Party beg to states that the Petitioner is not normal in her very
behaviour with the opposite party and his family members as well before the
Learned Court. The several instances of her behaviour before the Learned Court
are glorious example to awaken, that how she is misutilizing the jurisdiction
of the Learned Court in harassing the opposite party.
16.
That
the Opposite Party beg to states that the petitioner desire in placing the
petition under objection is certainly very clearly is much harassing in nature.
The allegation against her own Learned Advocate is not true, as She was on
witness box before the Learned Court expressed her wish to withdraw the said
earlier proceeding under Section 125 Cr.P.C. now while she ascertained that she
defeated in her way to take more money as maintenance allowance in pursuing the
Order no. 10 dated 30-09-2022, passed in Criminal Appeal no. 04 of 2023, by the
Learned 2nd Court of Additional District & Session Judge,
Uluberia, Howrah, she find her way in this fashion in placing further the
present petition under objection before the Learned Court by forwarding
allegations on her Learned Advocate.
17.
That
the Opposite Party beg to states that the Petitioner is not true in her
behaviour, statements and conduct either by way of putting further application
under Section 125 of Cr.P.C. or in contesting and or withdrawing her proceeding
before the Learned Court.
18.
That
the Opposite Party beg to states that the Petitioner is a Working Lady and
thereby she earned sufficiently, to maintain herself and thus she does not
require any maintenance allowance.
19.
That
the Opposite Party beg to states that it is settled principle of law that a
wife cannot claim maintenance from her husband if she is capable to earn and if
she sits idle at home claiming maintenance then she is not entitled for the
same.
20.
That
the Opposite Party beg to states that the Petitioner did not submit any
Affidavit on her assets and liabilities, in terms of the guideline set-forth by
the Hon’ble Apex Court, in the present proceeding, therefore the present
proceeding is liable to be dismissed inlimnie.
21.
That
the Opposite Party beg to states that the facts given by the petitioner in the
petition under objection are indifferent with the facts given in the similar
and or earlier proceeding; thus the vague facts has been placed by the
petitioner liable to be dismissed inlimnie.
22.
That
the Opposite Party beg to states that the Petitioner do not admit all
allegations made in the application of the Petitioner, to be true and save and
except those that are specifically, admitted,
Opposite Party put the Petitioner, to the Strict proof of the rest.
23.
That
before dealing with the statements made in the petition under objection paragraph
wise, this Opposite Party, states the following facts for Your Honour’s kind
perusal :
a)
That Shri Apurba Kumar De, being
father-in-law started looking for a suitable bride by refereeing to the
newspaper around September – October’ 2018. He contacted Tithi’s parent using
the contact details as mentioned in the news paper. The marriage talks could
not be continued due to someone’s demise in their family. In the meanwhile, the
Opposite Party had other marriage prospects which the Opposite Party were
looking into, but nothing was yield. Therefore, the talks again started and
went towards positive direction around November – December’ 2018.
b)
That the Opposite Party thereafter
decided to visit the house of the Petitioner herein, in east Burikhali Bauria.
The date finalization was not done yet and it was almost January’ 2019. The Father
in law, had in persistent views that the marriage should not be arrange so
quickly, therefore the Opposite Party proposed to the father and family member
of the Petitioner for the marriage in the month of November – December 2019,
whereas on hearing such proposal the father of the Petitioner expressed his
views as cancelled if in the month of November – December 2019. However, this
is the Opposite Party, Shri Arnab De, who asked his father and mother to agreed
on date as given by the family members of the Petitioner Smt. Tithi De
Adhikary, as the Opposite Party, herein did not want to cancel such marriage
arrangement only for variation of date of marriage, so far.
c)
That therefore the Opposite Party
visited the house of the Petitioner for final date of marriage. The Opposite
Party have absolutely no demand but the Opposite Party asked for the marriage
hall to be AC. The family of the Petitioner agreed to such proposal, by
expressing their saying as “we will try our best”.
d)
That on 6th day of May’
2019, being the date of marriage has been settled. The arrangement of marriage
has been held at the behest of the Petitioner and her family members at
marriage hall namely “Mangalik” at Village – Burikhali, Police Station –
Bauria, District – Howrah.
e)
That at the day of marriage, while the
Opposite Party, and with their friends, relatives, reached to the marriage hall
as was acknowledged by the family members of the Petitioner, Everybody
astonished to their utter surprise that the said marriage hall was not AC
accommodated. Whereas the friends of the Opposite Party, herein, who had
planned to stay back after the marriage had to change their plan as it was too
hot to stay.
f)
However, apart such issues of AC of the
said marriage hall, marriage between the Opposite Party, and the Petitioner
herein, conducted well without any further issue or issues, so far.
g)
That after the marriage performance in
accordance with Hindu rites, and customs, the Petitioner accompany with the
Opposite Party and their family members, friends, and relatives and reached to
the matrimonial house. The address of which has been depicted in the cause
title of this application.
h)
That the marriage has been registered
subsequently on 17th day of May’ 2019, at Horah district.
i)
That on 8th day of May’
2019, reception has been arranged by the Opposite Party, being post marriage
ceremony performance, with due invitation to the family, friends, and relatives
of the Petitioner, herein. The reception ceremony has been arranged by the
Opposite Party at their premises in community hall of their complex. The
reception has been well organized and food and services has served
appropriately among the participants and attendees.
j)
That while everything of reception
over, and the Opposite Party reached to their house, the Petitioner started
crying and said that her father along with her whole family felt very much
insulted by the Opposite Party. The Opposite Party, asked as to who and why
they felt so to that she said that the Opposite Party’ arrangement was not good
especially the buffet system of eating which they dislike very much. Further
she said that while her family arrived for the reception no one went to receive
them which is absolutely false as her father in law himself went to receive
them.
k)
That it is pertinent to states that at
the time of marriage, the family of the Petitioner, did not offer any tea and
snack while people reached there. They offered directly dinner. There was
nothing prepared for people who are vegetarian. While all the scenario has been
mentioned in front of the Petitioner, she refuted everything furiously and
behaved in much unwanted manner to the Opposite Party.
l)
That after few days later, the Opposite
Party while visited the house of the Petitioner, then the same allegation of
false insult has been arisen by the father of the Petitioner. They also raised
one another issues that maternal uncle of the Opposite Party, has misbehaved
during the marriage and has also insulted him in the reception. The father of
the Petitioner said that his daughter should have nothing to do with the said
maternal uncle like no gifts and no ongoing to their place. For the time being
not knowing the truth, the Opposite Party, herein apologized in front of him
and said sorry on his behalf. But later the Opposite Party got to know that
nothing of this sort had ever happened. The Opposite Party, herein asked few
people who were present in his marriage and everyone were unaware of anything
of this sort.
m) That
after such un-eventual events and incidents, the Opposite Party, and the
Petitioner went for their honeymoon to Darjeeling. The Couple went by flight
from Kolkata and according the Petitioner it was her life’s first flight. Son
naturally she was overwhelmed by the experience. The whole trip she enjoyed to
the fullest as the couple load of photographs to prove that. On 21st
May’ 2019, the couple came back at home in Sonarpur, south 24 Parganas, and
disruption started again. Mother in law had not accepted a gift that the
Petitioner had bought from Darjeeling because of her bad behavior and attitude,
so far, which the Petitioner described it as an insult to her by her
mother-in-law, and therefore the Petitioner started quarrel at home. To much
utter surprise the Petitioner used to record every conversation and quarrel
with her mobile phone and used to relay everything to her parents.
n)
That the Petitioner on each and every
occasion while she picked up quarrel, asked her father to visit her matrimonial
house, and whereas the father of the Petitioner off and on visited the house of
the Opposite Party, and on all and every occasion, while her father visited the
house of the Opposite Party, shouted at the door of the house in very filthy
languages and whereas on some of the occasion the vicinity people reached at
the house and intervene into unnecessary issues raised by the father of the
Petitioner.
o)
That in this scenario the Opposite
Party were not knowing what to expect when her father comes, so the Opposite
Party sent her mother, to the said aunt’s place because she is a heart patient
who has gone though surgery and may not be able to take all the commotion at
behest of the Petitioner and her father.
p)
That on 23rd May’ 2019, the
father of the Petitioner visited the house of the Opposite Party. Shocking
started talking about the same said marriage hall allegations and alleged
insult and all that stuff in a very high pitch tone and much insulting manner.
All this was also witnessed by paternal aunty of the Opposite Party, herein,
and the lady who worked in house of the Opposite Party at that time. Later Mother
in law, and her sister, and her sister’s husband also came, they all tried to
convince them that fights can happen, but they should forget and forgive all
that and should let new couple start their lives. But her father said that he
would like to take away her daughter for a few days to his place. Father in law
instead requested her father to let her stay as it was birthday of the Opposite
Party, on the 31st day of May’ 2019, and thereafter the Opposite
Party, will be leaving for his workplace at Pune for a month, so She can go and
stay in that time. Very fortunate, her father agreed on such suggestion of her
father in law.
q)
Though the Opposite Party, was in
trauma due to such unexpected behavior of the Petitioner and her father, which
repeatedly occurred at their behest. The Petitioner used to talk and message her
father-in-law very rudely without any respect. Later i.e. on 1st day
of June’ 2019, the Opposite Party, herein left for Pune.
r)
That while the Opposite Party, herein
was in Pune in course of his official duty and engagement, the Petitioner used
to call and whatsapp to him, and where in many calls and whatsapp all along she
used to blame him about the said allegation of insult at the marriage.
According to her the Opposite Party had insulted her father by bringing many
members of the Opposite Party while all they were trying to do was make
everything normal. She further alleged that she was tortured so much that this
falls under domestic violence and threatened to go to police. The Opposite
Party, herein shocked to hear such versions of the Petitioner.
s)
Somehow all the quarrel diminished by
passage of time, so far. The Opposite Party, herein came back from Pune to
Kolkata on 1st day of July’ 2019. On such returning the Opposite
Party, herein went to her place to bring her back home. The Petitioner back
happily with the Opposite Party, at her matrimonial house at Sonarpur. The
Petitioner used to go to her office and father in law being father-in-law used
to see her off at main gates and while returning the Opposite Party, used to
receive her. Every day in the morning her father-in-law would gear up and
prepare food for her because she used to get up early and she had complained to
her parents that the Opposite Party do not feed her properly and also not on
time. In between all this she also alleged that the water at her matrimonial
house was not good for her health and she wanted mineral water, while the
Opposite Party have an RO machine fitted in house and every one drink from the
said machine. However, her father-in-law used to bring for her mineral water
bottle, every day, though she was not satisfied with the brand of such mineral
water.
t)
On 10th day of July’ 2019, the
Petitioner started packing her apparel and articles and preparing to leave her
matrimonial house, and whereas while her inlaws asked why she was leaving she
said that she must study her medical exam as she is preparing for the same and
this house does not give her the right atmosphere to study and that she does
not have all her books here. Hearing this the Opposite Party did not stop her,
thinking it was for a good reason that she is going.
u)
That the Petitioner packed and was
leaving while her father-in-law again went to see her off at the main gate of
complex and his surprise found her father, mother, and sister outside the gates
waiting for her. They said some insulting statements to her father-in-law, which
was witnessed the security guards at the gate. Later while the Opposite Party,
herein called her father to ask why he has insulted his father he just shouted
at him and threatened that the Opposite Party, herein need to go to jail. That
was the day the Opposite Party, herein acknowledged such facts to the
Narendrapur Police Station, by lodging GD Entry, thereof.
v)
After such communication happened over
phone and whatsapp and the quarrel continued at the behest of the Petitioner and
her parents. Every time the topic was the same that the Opposite Party had
insulted them a lot and that the Opposite Party, herein is of no use and does
not do his duty. The Opposite Party, herein have records of all whatsapp
interactions with her.
w) The
Petitioner at her own whims refused to come back and join the Opposite Party at
her matrimonial house. However, on one day she came at her matrimonial house,
and entered into her room directly without any conversation with her in laws,
and opened her almirah and took some stuff with her. The Opposite Party, herein
asked her to stay back but she again refused and left her matrimonial house
once again.
x)
On 21st day of March’ 2020,
the Opposite Party, herein got a call from the Police Station and thereafter
the Opposite Party came into knowledge about an FIR lodged by the Petitioner,
herein.
y)
That thereafter the Opposite Party,
herein tried himself off and on to reconcile issues to take her and to restore
his matrimonial life with the Petitioner but this is the Petitioner who on all
of occasions refused and did not heed for such restoration of matrimonial life,
in any manner, whatsoever.
z)
That the Opposite Party, herein do not
have any immovable property in his name, as of now, and the Opposite Party,
herein is in Service under Mphasis Private Limited, having its office at Pune –
411028. His net income from such Salary is as of Rs. 78,308/- ( Rupees Seventy
Eight Thousand and Three Hundred Eight ) only. Total Expenditure born by the Opposite
Party as of Rs. 75,000/- ( Rupees Seventy Five Thousand ) only. The Opposite
Party, herein have two number of family member being dependent on him as his
Father and Mother having surviving their life in their old age. The Spouse of
the Opposite Party, herein is not a dependent since She is earning herself
through her employment and sufficiently accumulate her income to run herself
and for her livelihood.
aa) That
the following proceedings were before the Learned Court as initiated by the Petitioner
against the Opposite Party herein : (i) Mat
Suit no. 238 of 2020 { Smt. Tithi De Adhikary – Versus – Arnab Dey } under
Section 13 of Hindu Marriage Act, before Learned ADJ at Uluberia, Howrah; (ii)
Misc. Case no. 175 of 2020 { Smt. Tithi De Adhikary – Versus – Arnab De } under
Section 125 of Cr.P.C. before the Learned ACJM at Uluberia, Howrah;
bb)
That the following proceedings are
pending before the Learned Court as initiated by the Petitioner against the Opposite
Party herein : (i) Misc. Case no.
174 of 2020 { Smt. Tithi De Adhikary – Versus – Arnab De & Others } under
Section 12 of Protection of Women from Domestic Violence Act, before the
Learned ACJM at Uluberia, Howrah; (ii) Bauria Police Station Case no. 37 of
2020, under Section 498A, 406, & 34 of IPC and Section 3 & 4 of DP Act
{ State – Versus – Arnab De and Others }, before the Learned ACJM at Uluberia,
Howrah; and (iii) Criminal Appeal no. 03 of 2021, before the Learned 2nd
Court of the Additional District & Session Judge, Uluberia, Howrah;
cc) That
the Opposite Party are all along victim as well as persons of suffering of
mental and physical cruelty inflicted by the Petitioner day by day, though the Opposite
Party tolerates such continuous cruelty of the Petitioner as they preferred to
continue as a healthy family, but this
the Petitioner who all along ignore the morality of the Opposite Party, the Petitioner
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 the Opposite Party, and the Petitioner become perverse may
be due to her mental illness, which she hide from the Opposite Party.
dd)
That
the Petitioner is a cause of domestic violence upon the Opposite Party,
the Opposite Party are innocent, as they never did cause any domestic violence
on the Petitioner, rather the Opposite Party are victim of the domestic
violence inflicted by the Petitioner, herein.
ee) That
the Opposite Party all along tried off and on to take back the Petitioner but
this is the Petitioner who at her own whims refused to join her matrimonial tie
with the Opposite Party, herein, however, Since, the Opposite Party, herein was
in belief that good sense will prevail on the Petitioner, the Opposite Party,
herein tried off and on but all in vain at the instances of the Petitioner.
24.
That without waiving any of the
aforesaid Objections and Facts and fully relying thereupon and without
prejudice to the same. The Petitioner now deals with the specific paragraphs of
the said Application in seriatim as hereunder.
25.
Save and except the statements made in
the said application which are matter of record, the Petitioner denies each and
every allegations contained in the said application and calls upon the Opposite
Party to strict proof of the said allegations.
26.
That with references to the statements
made in paragraph nos. 1, 2, 3, 4, 5, and 6, of the application, the Opposite
Party deny and disputes each and every allegations made therein save and except
what are the matters of record. The Opposite Party repeat and reiterate the
statements made in paragraph no.23, herein above. Opposite Party state that
Shri Apurba Kumar De, being the father in law started looking for a suitable
bride by refereeing to the newspaper around September – October’ 2018. He
contacted Tithi’s parent using the contact details as mentioned in the news
paper. the marriage talks could not be continued due to someone’s demise in
their family. in the meanwhile, the Opposite Party had other marriage prospects
which the Opposite Party were looking into, but nothing was yield. Therefore,
the talks again started and went towards positive direction around November –
December’ 2018. The Opposite Party thereafter decided to visit the house of the
Petitioner herein, in east Burikhali Bauria. The date finalization was not done
yet and it was almost January’ 2019. The father in law, had in persistent views
that the marriage should not be arrange so quickly, therefore the Opposite
Party proposed to the father and family member of the Petitioner for the
marriage in the month of November – December 2019, whereas on hearing such
proposal the father of the Petitioner expressed his views as cancelled if in
the month of November – December 2019. However, this is the Opposite Party,
Shri Arnab De, who asked his father and mother to agreed on date as given by
the family members of the Petitioner Smt. Tithi De Adhikary, as the Opposite
Party, herein did not want to cancel such marriage arrangement only for
variation of date of marriage, so far. Therefore the Opposite Party visited the
house of the Petitioner for final date of marriage. The Opposite Party have
absolutely no demand but the Opposite Party asked for the marriage hall to be
AC. The family of the Petitioner agreed to such proposal, by expressing their
saying as “we will try our best”. On 6th day of May’ 2019, being the
date of marriage has been settled. The arrangement of marriage has been held at
the behest of the Petitioner and her family members at marriage hall namely
“Mangalik” at Village – Burikhali, Police Station – Bauria, District – Howrah.
The day of marriage, while the Opposite Party, and with their friends,
relatives, reached to the marriage hall as was acknowledged by the family
members of the Petitioner, Everybody astonished to their utter surprise that
the said marriage hall was not AC accommodated. Whereas the friends of the Opposite
Party, herein, who had planned to stay back after the marriage had to change
their plan as it was too hot to stay. However, apart such issues of AC of the
said marriage hall, marriage between the Opposite Party, and the Petitioner herein,
conducted well without any further issue or issues, so far. After the marriage
performance in accordance with Hindu rites, and customs, the Petitioner accompany
with the Opposite Party and their family members, friends, and relatives and
reached to the matrimonial house. The address of which has been depicted in the
cause title of this application. The marriage has been registered subsequently
on 17th day of May’ 2019, at Howrah district. On 8th day
of May’ 2019, reception has been arranged by the Opposite Party, being post
marriage ceremony performance, with due invitation to the family, friends, and
relatives of the Petitioner, herein. The reception ceremony has been arranged
by the Opposite Party at their premises in community hall of their complex. The
reception has been well organized and food and services has served
appropriately among the participants and attendees. While everything of
reception over, and the Opposite Party reached to their house, the Petitioner started
crying and said that her father along with her whole family felt very much
insulted by the Opposite Party. The Opposite Party, asked as to who and why
they felt so to that she said that the Opposite Party’ arrangement was not good
especially the buffet system of eating which they dislike very much. Further
she said that while her family arrived for the reception no one went to receive
them which is absolutely false as her father in law himself went to receive
them.
27.
That with reference to the statements
made in paragraph nos. 7, 8, 9, 10, 11, and 12, of the application, the Opposite
Party deny and disputes each and every allegations made therein save and except
what are the matters of record. The Opposite Party repeat and reiterate the statements
made in paragraph no.23, herein above. It is pertinent to states that at the
time of marriage, the family of the Petitioner, did not offer any tea and snack
while people reached there. They offered directly dinner. There was nothing
prepared for people who are vegetarian. While all the scenario has been
mentioned in front of the Petitioner, she refuted everything furiously and
behaved in much unwanted manner to the Opposite Party. After few days later,
the Opposite Party while visited the house of the Petitioner, then the same
allegation of false insult has been arisen by the father of the Petitioner.
They also raised one another issues that maternal uncle of the Opposite Party,
has misbehaved during the marriage and has also insulted him in the reception.
The father of the Petitioner said that his daughter should have nothing to do
with the said maternal uncle like no gifts and no ongoing to their place. For
the time being not knowing the truth, the Opposite Party, herein apologized in
front of him and said sorry on his behalf. But later the opposite party got to
know that nothing of this sort had ever happened. The Opposite Party, herein
asked few people who were present in his marriage and everyone were unaware of
anything of this sort. After such un-eventual events and incidents, the Opposite
Party, and the Petitioner went for their honeymoon to Darjeeling. The Couple
went by flight from Kolkata and according the Petitioner it was her life’s
first flight. Son naturally she was overwhelmed by the experience. The whole
trip she enjoyed to the fullest as the couple load of photographs to prove
that. On 21st May’ 2019, the couple came back at home in Sonarpur,
south 24 Parganas, and disruption started again. Mother in law had not accepted
a gift that the Petitioner had bought from Darjeeling because of her bad
behavior and attitude, so far, which the Petitioner described it as an insult
to her by her mother-in-law, and therefore the Petitioner started quarrel at
home. Much utter surprise the Petitioner used to record every conversation and
quarrel with her mobile phone and used to relay everything to her parents. The Petitioner
on each and every occasion while she picked up quarrel, asked her father to
visit her matrimonial house, and whereas the father of the Petitioner off and
on visited the house of the Opposite Party, and on all and every occasion,
while her father visited the house of the Opposite Party, shouted at the door
of the house in very filthy languages and whereas on some of the occasion the
vicinity people reached at the house and intervene into unnecessary issues
raised by the father of the Petitioner. In this scenario the Opposite Party
were not knowing what to expect when her father comes, so the Opposite Party
sent his mother, to the said aunt’s place because she is a heart patient who
has gone though surgery and may not be able to take all the commotion at behest
of the Petitioner and her father. On 23rd May’ 2019, the father of
the Petitioner visited the house of the Opposite Party. Shocking started
talking about the same said marriage hall allegations and alleged insult and
all that stuff in a very high pitch tone and much insulting manner. All this
was also witnessed by paternal aunty of the Opposite Party, herein, and the
lady who worked in house of the Opposite Party at that time. Later her mother
in law, and her sister, and her sister’s husband also came, they all tried to
convince them that fights can happen, but they should forget and forgive all
that and should let new couple start their lives. But her father said that he
would like to take away her daughter for a few days to his place. Mother in law
instead requested her father to let her stay as it was birthday of the Opposite
Party, on the 31st day of May’ 2019, and thereafter the Opposite
Party, will be leaving for his workplace at Pune for a month, so She can go and
stay in that time. Very fortunate, her father agreed on such suggestion of her
father in law. The Opposite Party, was in trauma due to such unexpected
behavior of the Petitioner and her father, which repeatedly occurred at their
behest. The Petitioner used to talk and message her father-in-law very rudely
without any respect. Later i.e. on 1st day of June’ 2019, the Opposite
Party, herein left for Pune. While the Opposite Party, herein was in Pune in
course of his official duty and engagement, the Petitioner used to call and
whatsapp to him, and where in many calls and whatsapp all along she used to
blame him about the said allegation of insult at the marriage. According to her
the Opposite Party had insulted her father by bringing many members of the Opposite
Party while all they were trying to do was make everything normal. She further
alleged that she was tortured so much that this falls under domestic violence
and threatened to go to police. The Opposite Party, herein shocked to hear such
versions of the Petitioner. Somehow all the quarrel diminished by passage of
time, so far. The Opposite Party, herein came back from Pune to Kolkata on 1st
day of July’ 2019. On such returning the Opposite Party, herein went to her
place to bring her back home. The Petitioner back happily with the Opposite
Party, at her matrimonial house at Sonarpur. The Petitioner used to go to her
office and her father-in-law used to see her off at main gates and while
returning the Opposite Party, used to receive her. Every day in the morning her
father-in-law would gear up and prepare food for her because she used to get up
early and she had complained to her parents that the Opposite Party do not feed
her properly and also not on time. In between all this she also alleged that
the water ast her matrimonial house was not good for her health and she wanted
mineral water, while the Opposite Party have an RO machine fitted in house and
every one drink from the said machine. However, her father-in-law used to bring
for her mineral water bottle, every day, though she was not satisfied with the
brand of such mineral water. On 10th day of July’ 2019, the Petitioner
started packing her apparel and articles and preparing to leave her matrimonial
house, and whereas while her inlaws asked why she was leaving she said that she
must study her medical exam as she is preparing for the same and this house
does not give her the right atmosphere to study and that she does not have all
her books here. Hearing this the Opposite Party did not stop her, thinking it
was for a good reason that she is going. The Petitioner packed and was leaving
while her father-in-law again went to see her off at the main gate of complex
and his surprise found her father, mother, and sister outside the gates waiting
for her. They said some insulting statements to her father-in-law, which was
witnessed the security guards at the gate. Later while the Opposite Party,
herein called her father to ask why he has insulted his father he just shouted
at him and threatened that the Opposite Party, herein need to go to jail. That
was the day the Opposite Party, herein acknowledged such facts to the
Narendrapur Police Station, by lodging GD Entry, thereof. After such
communication happened over phone and whatsapp and the quarrel continued at the
behest of the Petitioner and her parents. Every time the topic was the same
that the Opposite Party had insulted them a lot and that the Opposite Party,
herein is of no use and does not do his duty. The Opposite Party, herein have
records of all whatsapp interactions with her. The Petitioner at her own whims
refused to come back and join the Opposite Party at her matrimonial house.
However, on one day she came at her matrimonial house, and entered into her
room directly without any conversation with her in laws, and opened her almirah
and took some stuff with her. The Opposite Party, herein asked her to stay back
but she again refused and left her matrimonial house once again.
28.
That with reference to the statements
made in paragraph nos. 13, 14, 15, 16, 17, and 18, of the application, the Opposite
Party deny and disputes each and every allegations made therein save and except
what are the matters of record. The Opposite Party repeat and reiterate the statements
made in paragraph no.23, herein above. On 21st day of March’ 2020,
the Opposite Party, herein got a call from the Police Station and thereafter
the Opposite Party came into knowledge about an FIR lodged by the Petitioner,
herein. Thereafter the Opposite Party, herein tried himself off and on to
reconcile issues to take her and to restore his matrimonial life with the Petitioner
but this is the Petitioner who on all of occasions refused and did not heed for
such restoration of matrimonial life, in any manner, whatsoever. The Opposite
Party, herein do not have any immovable property in his name, as of now, and
the Opposite Party, herein is in Service under Mphasis Private Limited, having
its office at Pune – 411028. His net income from such Salary is as of Rs.
78,308/- ( Rupees Seventy Eight Thousand and Three Hundred Eight ) only. Total
Expenditure born by the Opposite Party, herein as of Rs. 75,000/- ( Rupees
Seventy Five Thousand ) only. The Opposite Party, herein have two number of
family member being dependent on him as his Father and Mother having surviving
their life in their old age. The Spouse of the Opposite Party, herein is not a
dependent since She is earning herself through her employment and sufficiently
accumulate her income to run herself and for her livelihood.
- That
with reference to the statements made in paragraph nos. 19, 20, and 21, of
the application, the Opposite Party deny and disputes each and every
allegations made therein save and except what are the matters of record.
The Opposite Party repeat and reiterate the statements made in paragraph
no.23, herein above. The opposite party beg to states that the petitioner
is a working lady, left her matrimonial house at her own whims and without
any sufficient cause & reason so far. She withdraw herself from the
Society of the Opposite Party. She is not entitle to get any nature of
maintenance under law as at behest of her facts, so far. She is earning
through her employment and sufficiently able to run herself and her
livelihood.
- That
with reference to the statements made in paragraph nos. 22, and 23, of the
application, the Opposite Party deny and disputes each and every
allegations made therein save and except what are the matters of record.
The Opposite Party repeat and reiterate the statements made in paragraph
no.23, herein above. This opposite party states that the petitioner
withdrawn her earlier proceeding by stating her wishes in person before
the Learned Court on 13-07-2021. The petitioner is much habitual in
lodging the proceeding and withdrawing the proceeding on allegation against
her Learned Advocate. She is frequently changing her Learned Advocate in
the proceeding placed by her before the Learned Court, which is one of the
reasonable causes for delaying the proceeding before the Learned Court.
Her such behavior shows that she is not believing herself and suffering
from several dilemma of doubts on every one including the Learned Court.
This opposite party is not in receipt of any annexure as talked about in
her paragraph number 23 of the petition under objection and therefore not
able to put forward any comment so far in absence of any annexure of the
petitioner. This opposite party seeks to get a copy of those annexure,
which has ever been given with the petition under objection before the
Learned Court as to enable this opposite party to answer appropriately on
those annexure in the interest of administration of Justice. If not given
or provide to this opposite party, the same cannot be taken for
consideration in the interest of administration of Justice.
- That
the Opposite Party, beg to states that he gave due respect and honour to
the Petitioner. He is not a sex maniac and he did never suggest or tale to
the Petitioner that he would not allow the complainant to become mother
therefore the allegation of the Petitioner is false and fabricated. She
made such allegations to in-clinch issues in her favour and to gain
sympathy before the Learned Court.
- That
the Opposite Party, beg to states that the Opposite Party, and other
Opposite Party, did never ask for any money from the Petitioner. The
Opposite Party did never suggest the Petitioner to bring any money from
her parents on any occasions, whatsoever. Such allegation is baseless and
is false and fabricated one made by the Petitioner to in-clinch issues in
her favour.
- That
the Opposite Party beg to state that the contents and purports are
different and contradictory in the statement made by the Petitioners in
different proceedings and therefore the statements of the Petitioner is
untrustworthy and not acceptable as not believable one.
- That
the Petitioner is not entitled to get any relief as prayed by her in an
application under Section 125 of the Criminal Procedure Code’ 1973.
- That
the Opposite Party beg to states that there is no cause of action and or
accrual of cause of action, to bring this present proceeding by the
Petitioner against the Opposite Party, herein, whatsoever in any manner.
- That
the Opposite Party beg to states that the Opposite Party are victim of
cruelty, torture, and desertions caused by the Petitioner and by her
mother upon them, continuously.
- That thereafter the Opposite Party,
herein tried himself off and on to reconcile issues to take her and to
restore his matrimonial life with the Petitioner but this is the Petitioner
who on all of occasions refused and did not heed for such restoration of
matrimonial life, in any manner, whatsoever.
- That the Opposite Party, herein,
all along lived separately, at Kolkata due to his job, and more
particularly due to the Petitioner, who all along refused to stay at her
in laws at native place of the Opposite Party, herein.
- That the Opposite Party, herein do
not have any immovable property in his name, as of now, and the Opposite
Party, herein is a under employment and thereby acquiring his Salary there
from and this only became sources of his earning.
40.
That the Opposite Party are all along
victim as well as persons of suffering of mental and physical cruelty inflicted
by the Petitioner day by day, though the Opposite Party tolerates such
continuous cruelty of the Petitioner as they preferred to continue as a healthy
family, but this the Petitioner who all
along ignore the morality of the Opposite Party, the Petitioner 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
the Opposite Party, and the Petitioner become perverse may be due to her mental
illness, which she hide from the Opposite Party.
41.
That
the Petitioner is a cause of domestic violence upon the Opposite Party,
the Opposite Party are innocent, as they never did cause any domestic violence
on the Petitioner, rather the Opposite Party are victim of the domestic
violence inflicted by the Petitioner, herein.
42.
That the Opposite Party, is in
employment, and thereby he is getting Salary as of Rs. 78,000/- ( Rupees Seventy
Eight Thousand ) only, from his employer, and whereas the Opposite Party,
herein have no immovable property, and the Opposite Party, herein have to
maintain his old aged parents and look after their medical treatment and other
essential necessity.
43.
That the Opposite Party all along tried
off and on to take back the Petitioner but this is the Petitioner who at her
own whims refused to join her matrimonial tie with the Opposite Party, herein,
however, Since, the Opposite Party, herein was in belief that good sense will
prevail on the Petitioner, the Opposite Party, herein tried off and on but all
in vain at the instances of the Petitioner.
- That
since no documents has been served with the said purported petition, the Opposite
Party are unable to put forward any comments thereon, and therefore seeks
to get a copy of documents and or papers relied upon by the Petitioner, if
any, and on getting such documents and or papers, the Opposite Party
placed their additional written objections thereof, in the interest of
administration of justice.
- That
the application of the Petitioner is not maintainable in any form of law,
in the present proceeding before the Learned Court, therefore the Opposite
Party seeks to get dismissal of such application of the Petitioner at once
with exemplary costs thereof, in the interest of administration of
justice.
- That
the present written objection is made bonafide in the interest of
administration of justice.
It
is therefore prayed that your Honour would graciously be pleased to allow this
written objection of the Opposite Party and to reject and or to dismiss the
application of the Petitioner 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
I, the Opposite Party, herein, do
hereby solemnly state and declare that the statements made in the foregoing
paragraphs are true to the best of my knowledge and belief and I sign this
verification on this the 18th day of May’ 2023, at Court premises.
Affidavit
I, Sri Arnab De, Son of Sri Apurba
Kumar De, aged about 42 years, by faith Hindu, by Occupation Service, residing
at B1/4 003, Peerless Prantik Housing Complex, Sonarpur, Police Station –
Narendrapur, District – South 24 Parganas, Kolkata – 700150, West Bengal, do
hereby solemnly declare and affirm as follows :
- That
I am Opposite Party, herein in the present proceeding, before the Learned
Court. I am competent to swear this affidavit.
- That
I am conversant and acquainted with the material facts as stated in the
foregoing paragraphs of my Written Objection.
- That
the statements as made by me in the foregoing paragraphs in the written
objection are true to the best of my knowledge and belief.
- That
all the above statements are true to the best of my knowledge and belief.
DEPONENT
Identified by me,
Advocate.
Prepared
in my Chamber,
Advocate
Date
: 18th day of May, 2023.
Place
: Uluberia Court Premises,
NOTARY
