BEFORE THE HON’BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT, DELHI

Application No.: [Insert Application No.]

IN THE MATTER OF:

Sakshi & Anr.

… Applicants

Versus

Manoj

… Respondent

REPLY ON BEHALF OF RESPONDENT TO THE APPLICATION U/S 125 Cr.P.C.

MOST RESPECTFULLY SHOWETH:

Preliminary Objections

1. Contents Denied: The allegations in the application under Section 125 of the Code of Criminal Procedure (Cr.P.C.) are baseless and vehemently denied unless specifically admitted herein.

2. Voluntary Desertion: The Applicant left the matrimonial home without any justifiable cause and forcibly took the minor son, depriving him of the love and affection of his father. Despite the Respondent’s genuine willingness to reconcile and participate in mediation, the Applicant has shown malafide intent by refusing mediation attempts and demanding an exorbitant sum as settlement, which is beyond the Respondent’s means.

3. Coerced Career Change: The Applicant’s unreasonable behavior forced the Respondent to abandon his tutoring profession, tarnishing his reputation. On her insistence, he shifted to property dealing, a profession inconsistent with his interests. Following her departure, the Respondent faced severe financial distress due to a downturn in the property market. He is now unable to sustain even basic necessities.

4. False FIR: The Applicant, in collusion with her family, registered a false FIR under Sections 406/498A/34 of the Indian Penal Code (IPC) to harass the Respondent and his extended family, most of whom live separately and had no role in the alleged matrimonial discord.

5. Applicant’s Financial Independence: The Applicant is earning ₹25,000 per month from a beauty parlor and receiving ₹15,000 monthly rental income from jointly owned property, purchased with substantial contributions from the Respondent. The Applicant’s financial independence negates her claim for maintenance.

6. Exaggerated Claims: The Applicant has exaggerated the marriage expenses and alleged dowry demands. Given her family’s financial status, these claims are implausible and unsupported by evidence, reflecting ulterior motives.

7. Malicious Allegations: Allegations of adultery and watching pornography with a child are absurd, baseless, and defamatory, aimed at maligning the Respondent’s character.

8. Concealed Medical Condition: The Applicant suffers from Thalassemia, a condition concealed at the time of marriage. This ailment, not any negligence on the Respondent’s part, was the cause of her alleged miscarriage.

9. Emotional Harassment: The Applicant repeatedly threatened to implicate the Respondent and his family in false criminal cases. Such conduct demonstrates her malicious intent and disqualifies her from claiming maintenance.

Reply on Merits

1. Paras 1-2: The contents are a matter of record and require no specific response.

2. Para 3: Denied. The Applicant did not make genuine efforts to save the marriage. The Respondent has consistently been willing to reconcile, but the Applicant left the matrimonial home of her own volition.

3. Para 4: Denied. The Respondent has fulfilled all responsibilities within his financial limits. The Applicant’s allegations are false and malicious.

4. Para 5: Denied. The Applicant is financially independent and not in need of maintenance. Her earnings and rental income are sufficient to sustain her and the minor child.

5. Para 6: Denied. The Respondent has never shirked his responsibilities but is currently in financial distress due to the Applicant’s conduct.

6. Para 7: Denied. The Applicant and the minor child are not living in misery. Her financial independence and other income sources contradict her claims.

7. Paras 8-9: Admitted to the extent they pertain to records; all other allegations are denied.

8. Para 10: Denied. The Respondent is financially strained and unable to meet even his basic needs. The allegations of negligence are baseless.

9. Para 12-15: Denied. The Respondent does not own the properties mentioned, nor does he derive any rental income. These facts can be verified through government records.

10. Para 16: Denied. The Applicant’s allegations are frivolous and reflect her intention to harass the Respondent.

11. Para 17: Denied. The Respondent and his family members have never faced criminal charges, as falsely alleged by the Applicant.

12. Paras 18-19: Denied. The Applicant is leading a comfortable life and is not suffering from depression or mental agony. The Respondent, however, is facing immense emotional distress due to being separated from his son.

13. Para 20: Denied. The Respondent is unable to sustain himself and is dependent on his mother for basic necessities.

14. Prayer Clause: Denied. The relief sought by the Applicant is unjustified and baseless.

Prayer

In view of the foregoing submissions, it is most respectfully prayed that this Hon’ble Court may be pleased to:

a) Dismiss the application under Section 125 Cr.P.C. filed by the Applicant, with costs; and

b) Pass such other and further orders as may be deemed just and proper in the facts and circumstances of the case.

Place: New Delhi
Date: [Insert Date]

Respondent Through
[Respondent’s Advocate Name]
Advocate for the Respondent
[Advocate’s Address & Contact Information]