Written Objection by the opposite Party in a proceeding under Section 125 of the Criminal Procedure Code

 

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 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 2^nd 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 2^nd 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 2^nd 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 2^nd 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 2^nd 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 2^nd 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 6^th 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 17^th day of May’ 2019, at Horah district.

 

i)     That on 8^th 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 21^st 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 23^rd 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 31^st 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 1^st 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 1^st 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 10^th 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 21^st 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 2^nd 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 6^th 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 17^th day of May’ 2019, at Howrah district. On 8^th 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 21^st 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 23^rd 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 31^st 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 1^st 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 1^st 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 10^th 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 21^st 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.

 

 

 

29. 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.

 

30. 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.

 

31. 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.

 

32. 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.

 

33. 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.

 

34. 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.

 

35. 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.

 

36. 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.

 

37.               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.

 

38.               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.

 

39.               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.

 

44. 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.

 

45. 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.

 

46. 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 18^th 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 :

 

1.   That I am Opposite Party, herein in the present proceeding, before the Learned Court. I am competent to swear this affidavit.

2.   That I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of my Written Objection.

3.   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.

4.   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 : 18^th day of May, 2023.

Place : Uluberia Court Premises,

NOTARY