Evidence Affidavit
Evidence Affidavit
Evidence Affidavit
….Applicant
Vs
….Respondent
Evidence Affidavit
2. I state that the entire contents of para 1,3 and 4 of the main petition is true
and correct and the rest of the contents are false and fictitious and are not
acceptable by me. That I state that the contents of para 2 of the petition is
partially correct and the rest of the contents are false and not accepted by
me. That I state that the false content in the para 5 to 8 of the petition is false
and dishonest and cannot be accepted by me. That I state that the contents of
the applicant’s petition from para 9 to 19 is false, fake and unauthentic and is
not acceptable by me.
I state that the contents of the mentioned in para 20 is wrongly stated and
presented before the court by the applicant. I state that I had filed a
complaint in the police station after being tired of the applicant’s endless
troubles. However the Applicant is merely pretending that the complaint
made by me was made with the intention of harassing the applicant and on
the pretext of that the applicant is putting false and frivolous allegations on
me. That I state that contents mentioned from paragraph is false, fabricated,
fictitious and unauthentic and is unaccepted by me. I state that the contents
mentioned in para 25 are partially correct and the entire contents from the
para 26 to 30 is fabricated and false and not accepted by me.
4. I state that at the time of marriage, my parents gave a TV, fridge, cooler,
washing machine, Godrej cupboard, sofa set, kitchen set etc. to the applicant
and his parents along with 6 tolas of gold and 2 lakhs in cash were given
accordingly. However, the applicant and his parents from the honors and
exchanges received in the marriage were seemingly unhappy and the reason
being that the Applicant and his parents were constantly torturing me both
mentally and physically for some reason or the other.
5. I state that I was living with the applicant and his parents at the permanent
address of the applicant and his parents at Bhandup, Mumbai, presently
Gurukripa Corner, ‘E’ Wing, 1st Floor, Flat No.102 near last bus stop,
Sainath Nagar, Pune-411014. I state that I am currently working a teacher in
a school in Pune and is somehow supporting myself along with two of my
children. I state that the Applicant has a construction and a real-estate
business and along with that he has a motor driving business. The Applicant
from all of the businesses receives an estimated amount of Rs 50,000/-
(rupees fifty thousand) or more. The Applicant’s father Deviprasad Shyam
Bahadur Yadav was working in M.T.N.L and in the government company he
was employed in the position of a D.G.M. The Applicant’s father is a now a
retired person and he receives a monthly pension of Rs. 40,000/- (rupees
forty thousand).
6. I state that the Applicant has 4 flats in Mumbai, Pune, Banaras (Uttar
Pradesh) respectively. Presently the Applicant and his parents reside at the
described address in Mumbai which is in the name of the Applicant, in Flat
No.2, Ground Floor, Chandrachaya ‘V’ Wing, Datar Colony, D.A.V. That
the flat that is in the name of the Applicant in Mira Road, Mumbai is
currently rented out and of which the Applicant receives an amount of Rs.
20,000/- (rupees twenty thousand) as rent. That another flat that is in the
name of the Applicant in Pune, Gurukripa Corner ‘E’ Wing, 1 st Floor, Flat
No.102 near last bus stop, Sainath Nagar, Pune-411014 is also leased out
from which the Applicant receives an amount of Rs. 12,000/- (rupees twelve
thousand). Since the Applicant is the only child of the Applicant’s parents,
they have nurtured and brought the Applicant up in a pampered manner. At
the time of the marriage the Applicant and his parents stated that the
Applicant was studying pharmacy and will open a drug store after
completing his education. That after the marriage I found out that the
Applicant along with is parents have cheated on me and the true situation
was that the Applicant was not studying pharmacy rather his profession was
driving along with construction and real estate business. That, I found out
after marriage that the Applicant is terribly addicted to alcohol, gutkha,
cigarettes, drugs, ganja etc.
7. I state that the Applicant is a very relentless and a spendthrift person and is
in the habit of wasting the money earned from the rents as well as the
businesses in all sorts of addictions. That I state that the Applicant used to
time and again spend his nights drinking alcohol with his friends and used to
come to home under the influence of alcohol and create a disturbed
environment in the home. On the advent of that when I complained about the
same to the Applicants parents and enquired to them about hiding such
outrageous habits of the Applicant, the Applicants family responded by
stating that they had to hide this information about the Applicant as the they
felt that their son would improve after the marriage and give up all these bad
habits of his and become a responsible man. I state that the Applicant’s
parents consoled me by stating to forget what has happened and now that we
were married we should focus on making the marriage work and then
eventually everything will be fine.
8. I state that even after the said few incidents the Applicant’s habits and
behavior did not change, he continued with his addictions and with time it
seemed to increase for a matter of fact. That I state that the Applicant used to
come home late at night and hurl abuses to me in filthy language and then
beat me up out of aggression and throw me out of house. When the same
incident was informed by me to the Applicant’s parents, they took sides of
the Applicant and supported him for his wrongdoings. I state that the
Applicant’s mother stated that the applicant was my husband and that it was
her duty to improve his habits and behavior. That I state that after a few days
of these endless sufferings I became very helpless and requested the
Applicant to give up on his addictions to which the applicant replied by
saying that he cannot leave his friends and that his friends are his everything.
On my repeated requests also nothing changed. After a few days of the
marriage I got to know about the extra-marital affairs the Applicant had with
other girls and when I inquired about the same to his parents, they all started
to lie about it. The applicants parents would mock me, taunt e and would not
let me eat, they would call up my parents and insult them for no reason. That
the Applicant kept saying to me that he did not like me and did not want to
marry me it was only because of his parent’s wish and to please them he had
to marry me and that he would ask me to divorce him and leave.
9. I state that after two years of the marriage I conceived in the year 2011 and it
was decided that I would give birth in the home in Pune. That I state that on
23/11/2011 I gave birth to a girl named Ishika. The applicant and his parents
were upset about the fact that a daughter was born as they wanted a boy
child, they had an argument on this with me for giving birth to a girl child
and left me stranded in the hospital and they themselves left for Mumbai.
That I along with my daughter went to Mumbai but I was taken in the house
as I had brought my daughter. That even after the delivery I was made to do
all the household chores and was insulted and mocked upon even after doing
the work. That on one such incident when the Applicant was sleeping I took
his mobile phone to check and found obscene messages, on enquiring about
the same to the Applicant, I was hurled abuses at and the Applicant’s parents
supported the action of the Applicant and stated that if I further dare to do
any such act he would beat me up relentlessly and would kill me. That I state
that not being able to bear such torture I complained the same to my parents
and when the same was informed to the Applicant’s parents they stated that
it would not happen again.
10.I state that another such incident happened where in the year of 2013 when
the Applicant came home under the influence of alcohol and threw me and
my daughter out of house. I spent the entire night outside the house with my
daughter in cold having no where to go. Although in the year of 2014 I again
became pregnant however the promiscuity of the Applicant did not change. I
found out that the Applicant was having an affair with some other girl and
on asking about that the Applicant hit me on my stomach and injured me
while I was pregnant. I was taken back to my home by my parents and my
brother after the incident and the Applicant then came to Pune to take to me
back and stated that he would change his habits and would settle down in the
marriage. I was admitted in the Jehangir Hospital in Pune on 14/11/2011 due
to complications on being hit on my stomach and I gave birth to a boy. That
after a few days it was discovered that the child was blind and was not
responding like other children. I was beaten up again on the advent of that
and the applicant went on to leave for Mumbai and would not take care of
me in any instance.
11.That due to the mental and physical stress on 23/11/2015 I met with an
accident whilst driving my two wheeler and for the same I was admitted in
the hospital where I had to incur and expense of Rs. 3,00,000 due to the
injury in my left hand and the Applicant did not even come to help with a
single penny. That not being able to bear with the torture I went to the
commisioner’s office on 11/11/2015 to put a complaint against the Applicant
and his family. That they were called and counseled and after that they
apologized to me for the said incident. However after about a month the
torture again began and not being able to take it up I went to the police
station tofile a complaint against them however no action was taken. That I
was thrown out along with my children and on account of that my father
filed a complaint in Chandannagar Police station Thane on 02/02/2016 and a
case has also been registered on his name bearing no. 1160/2016. That after
returning to Pune I found that all the gold ornaments of 12 tolas, some
expensive sarees, PAN Card, A.T.M card and Bank Passbook everything
was taken away by the Applicant and his parents and they had fled to
Mumbai.
12.I state that the Applicant is currently residing in Pune in Gurukripa Corner,
‘E’ Wing, 1st Floor, Flat No.102 near last bus stop, Sainath Nagar, Pune-
411014. That I am bearing all the expenses of my son and daughter along
with the medical expenses of my son and mine own. That my son being a
special child, the upkeep of the same is huge and the maintenance costs are
huge.
13.I state that I had filed a complaint under the Protection of Women from
Domestic Violence Act, 2005 in the Court of Judicial Magistrate First Class.
That even after the order passed by the court the Applicant would refrain
from paying the maintenance amount for my children.
14.I state that the original application has been made by the applicant with the
intention of harassing me by putting false and frivolous information.
15.I therefore request the court that,
a) The original application presented by the applicant should be dismissed
with cost
b) The court shall pass any such order in the virtue of justice, equity and
good conscience.
Place: Pune
Date: 8/11/2024
Affiant
Advocate on
behalf