IN THE COURT OF MS. DEEPTI DEVESH LD.

MM
SHAHDARA DISTRICT KARKARDOOMA COURTS,
DELHI.

Complaint No. /2019

In Re:

Smt. Wife Name ......Complainant

Versus

Sh. Husband Name & Ors. ......Respondents

D.O.H. 14.10.2020

REPLY TO THE APPLICATION U/S 12 OF P.W.D.V. ACT,

ON BEHALF OF RESPONDENTS

Sir,

It is most respectfully submitted as under:

PRELIMINARY OBJECTIONS:-

Under the following facts & circumstances, the

application of the complainant/aggrieved person is not

maintainable and liable to be dismissed with heavy cost.

1. That Complainant/aggrieved person has not come with

clean hand and has concealed the material facts from

this Hon’ble Court. Hence the complaint/application of

the Complainant/aggrieved person is liable to be

rejected/dismissed with heavy cost.

2. That the complainant/aggrieved person has herself left

the house of the respondent No.1, just after 7-8 days of

solemnization of marriage and herself could not manage

 a happy married life, because of her desire of being a

free women without any liability and always taunted the

respondent no.1 for his down status and demanded

divorce from the respondent no.1, only after few days of

marriage, the respondents & their relatives tried to

resolve the disputes arose between them, but due to the

adamant and rude behavior of the complainant & her

parents nothing could be done, so the

complaint/application is liable to be rejected/

dismissed.

3. That all the allegations leveled against the respondents

are false, frivolous and concocted one. The respondents

are totally innocent person and have committed no such

offence as alleged, whereas the complainant herself is a

quarrelsome, arrogant lady and always used filthy

language towards the respondents and their other

relatives. Hence the complaint of complainant/aggrieved

person is liable to be dismissed with the heavy cost.

4. That the Complainant is living separately from her

husband with her own will and wish without any

sufficient reason and despite request made by

respondent, she refused to live with her husband.

Hence, she cannot claim any relief in the present

petition the same is based upon totally false and

 frivolous facts. The conversation on what’s app

between the Complainant and respondent dated

08th March 2019 clearly shows that Complainant is

not at all interested to stay with the respondent for

reason best known to her. Copy of the same is

enclosed herewith for kind perusal of this Hon’ble

Court.

5. That the Complainant has suppressed the material

facts and has not approached this Hon’ble Court

with clean hands, hence the present petition is

liable to be dismissed, rather the respondent and

his family members were tortured, harassed at the

hands of Complainant.

6. That the Complainant is not entitled for any

maintenance because she is an highly educated
M.Com from Jamia Milia Islamia University at New
Delhi and well bodied lady and is able to maintain
herself very well. It is submitted that Complainant
is/was doing the Tally Sales Adviser at Policy Bazar
and at Max Bupa Health Insurance Company and
thereafter worked in a Axis Bank as Assistant
Manager, and is earning Rs.50,000/- (approx) per
month from the said Job and the Complainant
intentionally and deliberately concealed the said
facts from this Hon’ble Court.
 7. That the present petition is not maintainable
because the Complainant herself refused to join the
company of respondent in petition U/s 9 H.M.A.
Copy of order passed by Sh. Praveen Kumar,
P.J.F.C. South District, Saket Court, New Delhi.
(Copy of order and statement of parties are attached
herewith for kind perusal of this Hon’ble Court).
8. That the present petition is not maintainable

because the Complainant has filed the present

petition on false grounds and leveled false

allegations against replying respondent. It is

submitted that the Complainant has approached

this Hon’ble court with a pre-planned, concocted,

false, fabricated, vexatious, misconceived,

motivated, contents, contentions, allegations and

assertions, hence the present petition is not

maintainable.

PARAWISE REPLY:

1. That in reply of contents of para no.1 (a-c) of the

application are matter of record, whereas it is submitted

that the respondent No.1 has no movable or immovable

property in his name and he is not bound to maintain

the complainant/aggrieved person or to provide any

type of monetary relief to the complainant/aggrieved

person as the complainant/aggrieved person herself

 desert from her matrimonial without any cause and

reason.

2. That in reply of contents of para no.2 (a to f) of the

application, it is submitted that in the light of the

preliminary objections, the relief prayed by the

complainant/aggrieved person are not maintainable and

the application of the complainant/aggrieved person is

liable to be rejected.

A. (i-x). That the contents of para no. A related to

protection order under section 18 with sub-paras (i-x) of

the application are wrong & denied. The contents of

Preliminary Objection kindly may be read as part and

parcel of para under reply.

B. (a-b). That the contents of para no. B related to

residence order under section 19 with sub-paras (a-b) of

the application are wrong & denied. The contents of

Preliminary Objection kindly may be read as part and

parcel of para under reply.

C. (a-c) & D (i-ii). That the contents of para no. C & D

related to monetary relief under section 20 with sub-

paras (a-c) and D (i-ii) of the application are wrong &

denied. The contents of Preliminary Objection kindly be

read as part and parcel of para under reply.

D. That the contents of para no. E related to custody of

child / children needs no reply.

E. That the contents of para no. F related to Compensation

Order under section 22 of the application are wrong &

denied. The contents of Preliminary Objection kindly

may be read as part and parcel of para under reply.

F. That the contents of para no. G of the application are

wrong & denied. The contents of Preliminary Objection

kindly may be read as part and parcel of para under

reply.

G. There is no para numbering H.

H. That the contents of para no. I of the application are

wrong & denied, except those are matter of record.

Complaint if any filed by the complainant is based upon

false and frivolous facts. The contents of Preliminary

Objection kindly may be read as part and parcel of para

under reply.

REPLY TO BRIEF FACTS OF THE CASE/DOMESTIC

INCIDENT REPORT:-

1. The contents of para.1 of the brief facts are wrong and

denied except those are matter of record. The contents

of preliminary objections kindly be read as part and

parcel of this brief facts.

2. The contents of para.2 of the brief facts of the petition

are wrong and denied except those are matter of record.

 It is denied that in the said marriage, the parents and

relatives of the Complainant spent 30 lacs approx.. or

that the Complainant by giving all kind of gifts, articles,

utensils, jewelries, valuable cloths and day to day house

hold articles etc. the Complainant be put to strict proof

regarding the averments made in the para under reply.

The Domestic Incident Report of the

complainant/aggrieved person being based upon false

information is not maintainable and liable to be

dismissed/ rejected with heavy cost.

3. That the contents of Para 3 of petition are wrong

and denied except those are matter of record. It is

denied that before solemnization of marriage, it was

disclosed that the respondent has done Bachelor in

Computer Application (BCA) from IGNOU or that he

has his own business and getting Rs.2 Lakhs

approx. per month, however after the marriage, it

came in the knowledge that the respondent No.1,

use to do fake work and further the fact came in the

knowledge that the respondent No.1 is not highly

qualified as alleged. It is submitted that the

Complainant and her parents were very much

aware about the qualification and meager income of

the respondent No.1. The allegation leveled in the

 Para under reply is totally false, frivolous and after

thought and leveled only in with a motive to extort

money from respondents and in order to harass and

humiliate them.

4. That the contents of Para 4 of petition are wrong

and denied. It is denied that since the next day of

marriage, in the matrimonial house, the

Complainant was being started treated with a very

absurd and rude manner by the respondent no.1 to

6, the respondent no.2 and 3 had taunted the

Complainant by stating that “TEREY MAA BAAP NE

IS SHAADI ME HAAMARI HASIYAT KE MUTABIK

KUCH BHI DHANG KA KHARCHA NAHI KIYA AUR

NA HI HAAMARI ICCHA KE ANUSAAR DAHEJ DIYA”

AND FURTHER SAID THAT “HUMNEY TO SOCHA

THAT KI IS SHAADI ME KAM SE KAM 10 LAKH

RUPEY NAGAD TO MILEGA, LEKIN TERE MAA BAAP

NE TO AISI KARAKAR SAMAJ ME HAAMARI NAAK

HI KATWA DI”, thereafter all the respondent started

harassing and compelling the Complainant for

dowry demand as alleged. It is submitted that no

such incident ever happened as mentioned in the

Para under reply. It is submitted that the marriage

 was performed on 26th January 2019 and on 28th

January 2019 the Complainant went to her

parents’s house for Pagphera Ceremony and on 31st

January 2019, the Complainant went to Rajasthan

(Alwar) along with the respondent and remained

there for 3 days after coming back from Rajasthan

the Complainant again went to her parents house

for 14-15 days. On 11th February 2019 the

Complainant was brought by the respondent to her

matrimonial house. Thereafter the Complainant

forced the respondent no.1 to take her to out of

India. The respondent no.1 in order to keep her

happy arranged a trip for Bali (Indonesia) after

taking a loan from his friends and sister. These

facts completely show that their was no occasion for

the respondent or for his family members to state

such words as stated in the Para under reply.

5. That the contents of Para 5 of petition are wrong

and denied. It is denied that in the matrimonial

house, the respondents were pressurizing to the

Complainant for fulfillment their dowry of demand

of Rs.10 Lakhs, otherwise she will not allow to live

in their house. It is denied that the Complainant

was tolerating all the conduct and behavior of her

husband and in-laws in the hope that one day they

would prevail good sense, but all gone in vain. It is

submitted that no such demand was ever made by

the respondent or by his family members at any

point of time. It is submitted that the Complainant

always demanded money for payment debts taken

by her parents and demanded Rs.20 Lakhs and

when the respondent showed his helplessness to

fulfill the demand of Complainant she became

furious and started abusing the respondent in filthy

language. After marriage the Complainant was

taken to Rajasthan by the respondent as per his

capacity, the Complainant started taunting the

respondent by saying that “MERE LIYE JUDGE KE

LADKE KA RISHTA AAYA THA LEKIN MAIN TOH

TUMHARE SAATH SHAADI KARKE PHAS GAYI”.

The Complainant forced the respondent to take her

to out of India for honeymoon and the respondent

after taking loan from his friends and sister took her

for honeymoon at Bali (Indonesia) where the

respondent no.1, was harassed and tortured by

Complainant as the Complainant made some

 demands which are not expectable by any Hindu

husband. The Complainant consumed liquor in Bar

and created a scene due to which the reputation of

respondent no.1 was spoiled.

6. That the contents of Para 6 of petition are wrong

and denied. It is denied that all the respondent were

harassing, humiliating, torturing and taunting the

Complainant on each and every petty issue, due to

which the Complainant was very upset and feeling

very tense for thinking about her future marriage

prospectus. It is denied that the respondents used

to give very abusive and filthy language towards the

Complainant and her family members and always

used to put pressure upon her to fulfill their

demand of Rs.10 Lakhs Car. It is submitted that the

averments made in Para under reply are totally

baseless and concocted. The Complainant hardly

stayed in her matrimonial house for 7-8 days and

during this period also, the lot of humiliation and

harassment was done by the Complainant to the

respondent no.1, to meet her illegal demands of

money to be paid to her parents by respondents for

 the loan taken by them for purchase of new flat

bearing No_________________, Greater Noida (W) U.P.

7. That the contents of Para 7 of reply of petition

are wrong and denied. It is denied that the in-

laws of the complainant used to sleep in between

10 to 11 pm regularly and the respondent no.1

used to sleep very late night about 03:00 AM,

consequently, the Complainant was also

compelled to sleep regularly on same time of

respondent. It is further denied that in the early

morning about 05:00 clock, the Complainant

was compelled to wake-up and further

compelled her to prepare the breakfast of their

entire family alone, due to which the

Complainant was got too much fed and she

faced problem of dark circle under her eyes and

feels very tiredness due to not taking the sleep

properly in the matrimonial house, which is also

subject to part of cruelty and harassment on the

part of in-laws of the Complainant. It is

submitted that the averments in the Para under

reply are not believable as the same are based

on totally concocted story. The Complainant who

hardly stayed 7-8 days in her matrimonial house

was given all comforts as given in a Hindu family

to a newly wedded daughter-in-law or wife. The

Complainant even did not started making food

as per the ceremonies of newly wedded bride,

therefore there is no question of making any

food or breakfast for any one. The Complainant

herself was habitual of getting up late in the

morning. It is also unbelievable that a lady gets

dark circle under her eyes feels very tiredness

even if she is given full comfort by the

respondent no.1, as per his capacity, the

Complainant must be suffering from some

medical problem for which she is blaming the

respondents. The photographs attached in list of

document clearly belies the averments made in

the Para under reply and clearly shows that

there are no dark circles or any tiredness on the

face of Complainant, rather she is enjoying

herself.
8. That the contents of Para 8 of reply of petition are

wrong and denied. It is denied that after the

marriage, the respondents removed their servant

(Kamwali) from the house stating the Complainant

that “AB TU IS GHAR KI NAUKRANI HAI, AUR

TUJHE HI YE SAARA KAAM KARNA HOGA” and this

fact was told by the Complainant to her Respondent

no.1, but in contrary to this, the respondent no.1

misbehaved and abused the Complainant and

instructed the Complainant by stating that “TUJHE

ISS GHAR ME WAISA HI KARNA HOGA JAISA HUM

CHAHENGE”. It is submitted that no such

statement was ever made by respondents as

mentioned in the Para under reply. After the

marriage the maid servant came regularly for a

week and thereafter she went on leave for some

personal reasons and some other maid servant was

arranged but this fact is not known to the

Complainant because she all together stayed for 7-8

days in her matrimonial house. It is further

submitted that the Complainant was not knowing

cooking and the entire household work was done by

the mother of respondent no.1. Once the

 respondent no1 requested the Complainant to help

his mother in the kitchen on which the

Complainant said back “MAINE M.Com. PYAZ

KATNE KE LIYE NAHI KI HAI”.

9. That the contents of Para 9 of reply of petition are

wrong and denied. It is denied that the respondent

no.1 only after taking pills/tablet used to develop

physical relation with the Complainant and on

refusal by the Complainant, the respondent no.1

used to develop sexual relation with her forcibly. It

is denied on the other side, the other respondent

no.3, 5 and 6 used to taunt the Complainant on the

issue of her short height and even on this issue,

they used to make mockery of her by stating that

“TUMHARI HEIGHT ITNI KAM HAI, AUR UPAR SE

CHASMA LAGATI HO, JISKI WAJAH SE TUMHARE

BACCHEY BHI KIREY (SNAIL) JAISEY PAIDA

HONGE.” It is submitted that no such statement

was ever made by the respondent no.1 or by any of

his family members. The allegations in the Para

under reply are highly defamatory and the

respondent no.1 reserves his right to take

appropriate legal action. The Complainant be also

 put to strict proof regarding the averments made in

the Para under reply. It is submitted that the

Complainant had an application Alt Balaji on her

phone on which she used to watch Adult contents

and used to force the respondent to watch those

adult contents too which clearly shows the

mentality of Complainant.

10. That the contents of Para 10 of petition are wrong

and denied. It is denied that after the marriage, a

trip for honeymoon program was fixed between the

Complainant and respondent no.1 and they were

decided to go at Bali (Indonesia), but during that

period also, the respondent no.2 and 3 had used

very un-parliament words for the Complainant and

taunted her by stating that “TEREY BAAP NE

SHAADI MAI KUCH BHI NAHI DIYA” and the

respondent no.3, has told the respondent no.1 that

“AGAR ISNE EK SAAL MAI LADKE KO JANAM

(BIRTH) NAHI DIYA TO ISSEY GHAR SE BAHAR

PHENK DENGE AUR FALTU MAI ANAJ NAHI

KHILANGEY” all such acts and intolerable words on

the part of her husband and in-laws were very

painful for the Complainant, however she anyhow

tolerated and did not disclose about the same to

anyone of her parental side.

It if further denied that the in-laws used to

force the Complainant to bring the FD from her

parental side, because they want to purchase

Dining Table. It is denied that not even this, the

respondent No.2 and 3 also called the parents of the

Complainant and put demand of Fridge and

Washing Machine from them and same were

fulfilled later on. It is submitted that the

allegation made in the Para under reply are totally

baseless, false and concocted. No demand was ever

made by respondent or by any of his family

members and no such words ever stated by

respondent or by his family members. From the very

beginning the Complainant showed her rude

behavior towards the respondent no.1 and his

family members and used to say that “MAIN IS

GHAR MAIN AAKAR PHAS GAYI, TUM KAISE

GARIBO KI TARAH REHTE HO” MERA BHAI CHAAR

INTERNATIONAL TRIP KAR CHUKA HAI TUM INDIA

SE BAHAR KAB LEKAR JAOGE”. The respondent

no.1 was shocked and surprised to hear such type

of comment from Complainant. It is further

submitted that after 4-5 days of marriage the

respondent no.1, came to know that the

Complainant also consume liquor for which she

compelled the respondent no.1 to company for the

same at night. The Jija of the Complainant namely

Sh. _____________ at the time of Roka Ceremony on

20th January 2019 announced some articles to be

given to the family of respondent no.1 by the family

of Complainant but it was a great surprised for the

family of respondent no.1 that despite of

announcement by Sh. ___________ only few articles

were given to the family of respondent and the

articles like fridge, washing machine, sofa, center

table, bed, almirah etc. were not given at that time

and these articles/furniture were sent only on 17th

February 2019 by the family of Complainant when

the Complainant along with respondent no.1 left for

Bali (Indonesia) on 16th February 2019 and

electronic items was purchased on 02nd February

2019. Copy of bill is enclosed herewith for kind

perusal. It is penitent to mentioned here that the

respondent no.1 and his family members were never

 ever demanded any dowry from the complainant

and her parents, the complainant to be put to strict

proof regarding the raising the demand of dowry.

The complainant and her parents are liable to be

prosecuted under dowry prohibition act-3, as per

law.

11. That the contents of Para 11 of petition are wrong

and denied. It is denied that thereafter on

16.02.2019, the Complainant along with the

respondent no.1, went for Bali (Indonesia) for

honeymoon, where the respondent no.1, quarreled,

abused with the Complainant and he said that

“MUJHE TO USA KA VISA CHAHIYE THA AUR DO

BAR VIDESH JANA THA ISLIYE TUJHE BAALI

INDONESIA HONEYMOON PAR LEKAR AAYA HU”

and in the night, during the intercourse, he tried to

make the obscene video of Complainant, but the

Complainant stopped him, on this she was beaten

mercilessly by the respondent no.1 and the

respondent no.1, also insulted and abused the

Complainant and her parents by stating that “TUM

LOG GARIB HO, TUM LOG KHULEY DIMAG KE NAHI

HO, TUM LOGO KI KOI AUKAT NAHI HAI AUR NA HI

 SAMAJ ME KOI IZZAT HAI” and in such a manner,

the respondent no.1 misbehaved with the

Complainant and in honeymoon also, he used to

develop the physical relation with the Complainant

after taking pill/tablet and on opposing, he used to

beat, quarrel and abuse the Complainant stating

that “AGAR TUNEY BACCHA GIRA DIYA TO MAIN

TERA GALA DABAKAR MAAR DUNGA”. It is

submitted that no such incident ever happened as

mentioned in the Para under reply the respondent is

not aware any such pregnancy of Complainant if

any because it is also biologically impossible that

the Complainant became pregnant within a period

of less than one month. The allegations leveled in

the Para under reply are highly defamatory and the

respondent reserves his right to take appropriate

legal action against the Complainant. The

complainant be also put to strict proof regarding her

pregnancy during this period.

12. That the contents of Para 12 of reply of petition are

wrong and denied. It is denied that thereafter on

22.02.2019, the Complainant with her husband

returned back to Delhi, but just entering into

 matrimonial house, all the respondent started

attempting their cruelties, atrocities and other

misdeeds with the Complainant and also

pressurized her for demand of dowry. The

allegations leveled in the Para under reply are

totally baseless. The respondent no.1, along with

the Complainant came back from Bali on 22nd

February 2019 at night and on 28th February 2019

the Complainant left for her parental house after

taking all her belongings and jewelry in a very

preplanned manner, it is pertinent to mentioned

here that the respondent no.1, booked the cab for

Complainant and for her mother, sister and Mami

in a routine manner without apprehending any ill

intension of Complainant and her mother and

relatives. That the respondent and his family

members could not smell out the foul play and ill

intention of the Complainant.

13. That the contents of Para 13 of reply of petition are

wrong and denied. It is denied that the Complainant

on several times seen the respondent no.1 and

respondent no.5 by doing chat together on phone

and even also found both of them in talking mode

 and once the Complainant seen both of them on the

bed of bedroom where they both were found

together. It is denied that the respondent used to

share all the personal details of the Complainant

with the respondent no.5. It is submitted that the

Complainant is trying to distort the facts by leveling

false allegation on the respondent no.1 and on his

Bhabhi i.e respondent no.5, who is residing at Kota

(Rajasthan) with his elder brother. It is submitted

that the respondent no.1 was only getting some

advise for the acne/skin problem suffered by

Complainant on her body as the Bhabhi of

respondent no.1 is running at beauty parlour at

Rajasthan. The Complainant is distorting this fact

only in order to take undue advantage from this

Hon’ble Court.

14. That the contents of Para 14 of reply of petition are

wrong and denied. It is denied that in one side, the

other respondent no.2 to 6 were harassing,

torturing and pressuring by mentally and in

another side, the respondent no.1 used to behave

with the Complainant in a very horrible manner and

giving her pain physically as he used to develop

 sexual intercourse with the Complainant only after

taking pill/tablet. It is denied that when this fact

was told by the Complainant with her mother-in-law

(respondent no.3) and Complainant further told the

mother-in-law (respondent no.3) that her son

(respondent No.1) is not normal & may be suffering

from some illness, on this the respondent no.3

replied that “LADKI KI SHAADI BAS SEX KE LIYE HI

KI JAATI HAI AUR ISSEY PAGAL BHI THIK HO JATA

HAI AUR ISSEY TO WAISEY BHI HOT & SEXY WIFE

CHAIYE THI, JO HAR WAKT ISKO KHUSH RAKHEY,

LEKIN TUM TO AAISI BHI NAHI HO..” It is submitted

that no such incident took place or any such

statement was ever made by respondent no.1 or any

of his family members at any point of time, the

allegations in the Para under reply are nothing but

a bundle of lies.

15. That the contents of Para 15 of petition are wrong

and denied. It is denied that when the Complainant

used to go in the room of her father-in-law

(respondent no.2) to serve him food, but the

respondent no.2 by seeing the Complainant started

to taunt her stating that “TERA GHAR TO BAHUT

 CHOTA HAI, BAHUT DIKKAT HOTI HOGI..”. It is

denied that the respondent no. 4 to 6 also used to

misbehave and talk with the Complainant in very

insultive manner. It is denied that the respondent

no.6 used to say the Complainant that “TUM APNE

AAP KO M.COM PADHI BATATI HO, LEKIN TO

BILKUL ANPADH LAGTI HO” and they all used to

treat the Complainant like a servant and further

used to say her that the Complainant is only a

servant in their house and nothing else. It is

submitted that no such statement was ever made by

any of the family member of respondent. The

Complainant only wants to take undue advantage

from this Hon’ble Court by leveling such false,

frivolous and concocted allegations. It is submitted

that rather the complainant insulted the respondent

no.6, by saying that “MAI TO M.COM HUN TUM

ANPADH GAVAR LAGTI HO”.

16. That the contents of Para 16 of petition are wrong

and denied. It is denied that in the matrimonial

house, the Complainant was being not served food

properly and the respondent No.1 to respondent

no.6 used to raise hand upon the Complainant on

 very petty issues and they were continuing

harassing, humiliating, misbehaving the

Complainant on each and every topic, thereby the

Complainant was came in very mental agony and

depression and she feels herself very hopeless and

destitute in the matrimonial house as her life

becomes hell. It is submitted that the Complainant

be put strict proof regarding the averments made in

the Para under reply however the photographs

clearly shows the liberty and enjoyment of

Complainant. It is further submitted that the

Complainant wants to live her life as free bird, that

the Complainant while living separately, enjoying he

life with some other male person. The photographs

and TIK-TOK videos of Complainant in intimate

position clearly shows the way of living of

Complainant, which was not acceptable by the

respondent no.1, it also shows that no domestic

violence was ever caused by respondent no.1 and by

any of his family members.

17. That the contents of Para 17 of petition are wrong

and denied. It is denied that on 28.02.2019, the

Complainant was feeling not well and she was

suffering fever and when Complainant asked about

the same to her husband and mother-in-law, but

instead of giving heed over her, they suggested her

by stating that “YAH TUMHARI KOI PURANI BIMARI

HAI, JO UBHAR GAYI HAI” and they have neither

provided the medicine nor brought her before the

doctor. It is denied that not even this, in the

condition of suffering fever, the in-laws compelled

the Complainant to do the household chores. It is

denied that after seeing her condition very week, the

Complainant called her mother in her matrimonial

house and to whom, she narrated all the acts and

conduct of her husband and other in-laws, which

are being committed upon her. It is denied that

thereafter, in the evening of 28.02.2019, the

Complainant’s mother brought the Complainant

back at parental home and since the Complainant is

living in her parental home. It is denied that during

leaving the matrimonial house, the mother-in-law

did not allow the Complainant to collect her articles.

It is submitted that the contents of para under reply

are totally false and frivolous. The Complainant was

hale and hearty when she left the matrimonial

 house in a very preplanned manner and she also

took her entire jewellery and costly clothes along

with her mother, elder sister and maternal aunt

(Maami) after taking proper dinner at the house of

respondents and the cab was also booked by the

respondent no.1, It is pertinent to mentioned here

that the respondent no.1, booked the cab for

Complainant and for her mother, sister and Mami

in a routine manner without apprehending any ill

intension of Complainant and her mother and

relatives, and the respondent and his family

members could not smell out the foul play and ill

intention of the Complainant. The respondent being

innocent person was not aware about the ill

intention and motive of Complainant and her family

members.

18. That the contents of Para 18 of petition are wrong

and denied. It is denied that till her stay, the

Complainant did all her possible on her part to save

her martial life and even discharged her duties as

per the respondent, but the respondent no.1 and in-

laws never appreciated her and always made so

many harassments and humiliation and treated her

 with all kinds of cruelties and atrocities and beaten

her and gave mental and physical agony. It is

denied that they also pressurized the Complainant

to fulfill their demand of dowry. It is submitted that

the photographs of the Complainant are very much

clear that what type of duty she has performed

towards the respondent and her family members.

The respondent and his family members were

shocked by the conduct of Complainant and found

that they have been cheated by the family of

Complainant as the parents of the respondent no.1,

always dream for a homely girl. It is further

submitted that the respondent no.1 or any of his

family members never demanded any dowry, at any

point of time.

19. That the contents of Para 19 of petition are wrong

and denied. It is denied that further in the

matrimonial house, the Complainant faced lots of

problems like physically or mentally torture,

harassment, humiliation on the part of respondent

no.1 and other-in-laws, but anyhow she was

passing her life with her husband and she always

made several efforts at her level best to make

 understand the respondents, but no fruitful result

came out. It is submitted that the photographs

attached along with the reply clearly shows that she

was never physically or mentally, tortured, harassed

or humiliated by respondents or by her in-laws.

Presently also the Complainant is enjoying her life.

Photographs and facebook profile and whatsapp

chat, in this regard is also being placed on record.

20. That the contents of Para 20 of petition are wrong

and denied except those are matter of record. It is

denied that being aggrieved, on 20.04.2019 the

Complainant filed a complaint before ACP, CAW

Cell, Shahdara, Delhi against all the respondents

and same is pending for hearing on 08.05.2019. It

is submitted that the complaint if any filed by

Complainant is based upon totally false and

frivolous facts. The Complainant from the beginning

of her marriage with the respondent no.1 started

pressurizing the respondent no.1, to leave his

parents and live in their Noida house and also

forced the respondent no.1 to pay the EMI of the

said house. When the respondent no.1 refused to

the illegal demands of Complainant, the

Complainant started threatening him to face dire

consequences. The present complaint in CAW Cell

by the Complainant is the outcome of those threats

and no iota of truth is there in her complaint filed

by her in CAW Cell. It is further submitted that the

Complainant got succeeded in her ill motive by

implicating the respondent no.1 and his family

members. That the complainant falsely implicated

all respondents including the Bhabhi of the

respondent no.1, who is residing in Rajasthan for

last several years, and by sending the bhabhi and

sister of respondent no.1 to JC in case

498A/406/34 IPC in false FIR without any

allegations against them in the said FIR, in

connivance with the IO of PS Jagatpuri. (copy of the

FIR attached herewith) It is further submitted that

the family of respondent no.1 was apprehending the

implication in false cases therefore a complaint for

given by the father of the respondent no.1 on

13.04.2019 prior to the complaint and the

complaint filed by the Complainant only on

20.04.2019 i.e. after the complaint of father of the

respondent.
21. That the contents of Para 21 of reply of petition are

wrong and denied. It is denied that the Complainant

is solely depended upon her parents, while it is duty

of the respondent, who is legally and morally liable

to maintain the Complainant from all sorts of

facilities, but he failed to perform his duties towards

her. It is apt to mention here that all the household

articles, stridhan, clothes, gold and silver jewelleries

belonging to the Complainant are lying in her

matrimonial house under the possession of her

husband and in-law, who have refused to return the

same. It is denied that moreover, the bag of the

Complainant has also been left while leaving the

house in her matrimonial house, in which

Rs.10,000/- was of the Complainant, now the

Complainant has every apprehension of stolen of

her money by her husband and in-laws, who might

have also sold her jewelleries or disposed off the

same in order to cause monetary loss to the

Complainant. It is submitted that the Complainant

has already taken her entire jewellery with her while

leaving the house on 28th February 2019 along with

her mother sister, maami. It is further pertinent to

mention here that a bag full of few jewellery articles,

clothes four bottle of liquor, imported chocolates,

soap and other gift items were handed over to the

brother namely Puneet by the Complainant at the

Airport on 22nd February 2019. When the

respondent ask the Complainant as to why she is

handing over this bag to her brother she replied

that “YEH TUMHARI TARAF SE USKO GIFT HAI

KYUNKI TUMNE SHAADI MAIN USE KUCH NAHI

DIYA”. The photographs of the Complainant clearly

shows that she is wearing her jewellery so the

allegation in the Para under reply are totally false

and baseless. It is submitted that the respondent is

only 12th Pass and this fact was very much known

to the Complainant and her family members before

marriage. The respondent is only earning

Rs.9,500/- per month by working as helper in

Tobacco Factory at Faridabad. On the other hand

Complainant who is highly educated and presently

working with Axis Bank as Assistant Manager and

earning Rs.50,000/- per month is not entitled for

maintenance as per law. The Complainant has

conceal the material facts from this Hon’ble Court

 and therefore the respondent reserves his rights to

file an application U/s 340 Cr. P.C.

22. That the contents of Para 22 of the petition are

wrong and denied. It is denied that the complainant

has faced various kinds of acts and cruelties of

domestic violence on the part of the respondents for

which they are liable to be punished and panelized

as per law. It is further denied that complainant has

no option but to file the present complaint. It is

submitted that the complainant who hardly resided

7-8 days in her matrimonial house, is claiming

domestic violence. The conduct and behavior of

complainant caused violence mental and emotional,

economical violence to the respondents, the

photographs of the complainant itself belies the

averments and story concocted by the complainant

in the present petition.

23. That the contents of para 23 are atter of record,

hece need no reply.

PRAYER :-

Under the circumstances stated above it is therefore,

most respectfully prayed that this Hon’ble Court may

graciously be pleased to reject the petition/application of the

complainant/aggrieved person because the complainant

herself guilty of causing domestic violence to respondent no.1

and his family members.

Any other relief which this Hon’ble Court deem fit and

proper be also passed in favour of the respondents and

against the complainant/aggrieved person.

Respondent

Through

Ms. Nirmal Chawla (Bhalla)

Advocate

Delhi

Dated:

VERIFICATION :-

Verified at Delhi on this .10.2020 that all the

contents of para no. 1 to of P.O. and para no.1 to of

reply to application and para No.1 to of domestic

incident report are correct and true to my knowledge and

believed to be true and last para is prayer to this Hon’ble

court.

Respondents
 IN THE COURT OF MS. DEEPTI DEVESH LD. MM
SHAHDARA DISTRICT KARKARDOOMA COURTS,
DELHI.

D.V.Case No. /2019

In the matter of

Smt. Wife …Complainant

Versus

Sh. Husband Name Etc… ...Respondents

REPLY ON BEHALF OF RESPONDENT NO. 1 TO

APPLICATION UNDER SECTION 23 OF THE
PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT, 2005 FOR GRANT OF INTERIM
AND EX- PARTE ORDER.

MOST RESPECTFULLY SHOWETH:-

1. That the contents of para 1 are wrong and denied

except those are matter of record. The contents of

primarily objections and reply to the petition may

kindly be read as part and parcel of this reply.

2. That the contents of para 2 are wrong and denied.

It is denied that the respondents have taken the law

in their hands and the complainant/applicant was

treated as a servant in the matrimonial house and

tolerated all kinds of harassment, torture and

humiliation and pressurized for dowry by the hand of

the respondents. It is submitted that the present case

based on false and fabricated facts. The complainant

be put to strict proof regarding the allegations levelled

by her on the respondent.

3. The contents of para 3 are wrong and denied. It

denied that the application has prima facie case in

her favor and if ex-parte ad-interim order is not

passed against the respondents, the applicant will be

suffer with an irreparable loss and injury.

4. That the complainant is passing her life in a very

hard and great difficulty and facing various kinds of

day to day troublesome and monetary problems in

the absence of any financial help and assistance by

the respondent no. 1 It is submitted that the

complainant is not entitled for any maintenance

because she is a highly educated (M.COM) from

Jamia Milia Islamia University at New Delhi and well

bodied lady and is able to maintain herself very well .

It is submitted that complainant is /was doing the

Tally sales as Advisor at Policy Bazaar and at Max

Bupa health insurance company and thereafter

worked in a Axis Bank as Assistant Manager, and is

earning Rs.50,000 (approx.) Per month from the said

job and the complainant intentionally and

deliberately concealed the said fact from this Hon’ble

Court. The respondent no. 1 reserve has right to take

appropriate legal action under section 340 Cr.P.C

against the complainant. It is further pertinent to

mention here that the respondent no. 1 had filed a

case under section 9 HMA but the complainant flatly

refused to join the company of respondent, she is

willingly living separately and therefore she is not

entitled for any maintenance as per law.

PRAYER:-

The prayer made in the application under reply is

totally false and frivolous and the application is not

maintainable in the eye of law because the

Complainant is working and earning handsome

salary a mentioned here and above in para no. 4 Any

such relief in favor of respondent may kindly be

passed.

RESPONDENT

Through

Dated

Delhi Ms. NIRMAL CHAWLA

BHALLA
 IN THE COURT OF MS. DEEPTI DEVESH, LD. M.M.

KARKARDOOMA COURTS, DELHI

Complaint No. /2019

In Re:

Smt. Wife ......Complainant

Versus
Sh. Husband Paigwal & Ors.
......Respondents
N.D.O.H. 14.10.2020

AFFIDAVIT

I, Sh. Husband Name S/O Sh. __________ C/_______, H.

No.______________, Faridabad (Haryana) Presently At Delhi, do

hereby solemnly affirm and declare as under :-

1. That the deponent is the respondent in the above noted

case and fully conversant with the facts and

circumstances of the case and competent to swear this

affidavit.

2. That all the contents of accompanying reply to

application U/s 12 of D.V. Act as well as reply to

application U/s 23 of D.V. Act have been drafted by my

counsel under my instructions and contents of same are

correct and true and has been read over to me in my

vernacular and the same are not being repeated here in

for the sake of brevity and same may be read as part

and parcel of this affidavit.

 DEPONENT

VERIFICATION :-

Verified at Delhi on this .10.2020 that all the contents

of above affidavit are correct and true to the best of my

knowledge and belief and nothing has been concealed

therefrom.

DEPONENT