IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, DELHI
IN RE:
Ms. X –
…Applicant
Vs.
Mr. Y –
…Respondent
REJOINDER TO THE REPLY FILED ON BEHALF OF THE RESPONDENT TO THE PETITION UNDER SECTION 125 Cr.P.C
.MOST RESPECTFULLY SHOWETH:
The applicant humbly submits this rejoinder to deny and rebut the baseless and false contentions raised in the reply filed by the respondent. The submissions herein are made without prejudice to the applicant’s rights and contentions, and the averments in the application under Section 125 Cr.P.C are reiterated.
REJOINDER TO THE PRELIMINARY OBJECTIONS:
1. The contents of para 1 of the preliminary objections are false and denied. It is reiterated that the applicant has been subjected to harassment and cruelty for not meeting the dowry demands of the respondent and his family. Despite enduring such hardships, the applicant refrained from filing criminal complaints to amicably resolve the marital issues. However, the respondent’s persistent neglect, culminating in his filing of a divorce petition, clearly demonstrates his malicious intent.
2. The contents of para 2 are vehemently denied. The respondent has wilfully neglected his marital obligations and abandoned the applicant due to her failure to meet dowry demands. The allegations in the application under Section 125 Cr.P.C remain unchallenged by any substantive evidence provided by the respondent.
3. The contents of para 3 are denied. It is reiterated that the respondent misrepresented critical facts before marriage, including his educational qualifications, which were concealed to entice the applicant into marriage. Despite this, the applicant upheld her marital duties, only to face constant harassment and eventual desertion.
4-5. The contents of paras 4 and 5 are denied. The respondent’s allegations of coercion and erratic behavior by the applicant are baseless and reflect his attempt to malign her character. The respondent’s failure to support the applicant during childbirth and his refusal to maintain her and their minor child underscores his neglectful behavior.
6. The contents of para 6 are denied. The respondent’s claim of staying at the applicant’s parental home out of care and concern is contrary to the facts. He resided there out of convenience and financial dependence. Allegations against the applicant’s family members are frivolous and unsubstantiated.
7. The contents of para 7 are false and vehemently denied. The respondent’s narrative of harassment is implausible and appears to be an afterthought to deflect his neglectful and abusive conduct.
8. The contents of para 8 are denied. The respondent’s non-compliance with court directions to resume marital relations underscores his unwillingness to maintain the applicant and their child.
9. The contents of para 9 are denied. The respondent’s claims regarding being compelled to stay as a “Ghar Jamai” lack merit. The applicant and her family have always upheld traditional values, and any such allegations are fabrications.
10. The contents of para 10 are denied. The applicant denies working as a salesperson or earning any income. The respondent’s refusal to maintain the applicant and their child, despite his obligation, warrants strict judicial intervention.
REJOINDER TO REPLY ON MERITS:
1-2. The contents of paras 1 and 2 require no specific response as they do not address material issues.
3. The contents of para 3 are denied. The respondent’s partial admission regarding the FDR of ₹20,000/- is noted. However, he conveniently omits acknowledgment of other valuables, including cash and jewelry, which were misappropriated by him and his family.
4. The contents of para 4 are denied. The respondent’s educational misrepresentation is reiterated, and the applicant’s persistence to uphold the marriage despite such deceit reflects her good faith. The subsequent abandonment by the respondent is unjustifiable.
5. The contents of para 5 are denied. The respondent’s allegations lack merit and are aimed at evading his legal obligation to provide maintenance.
6. The contents of para 6 are denied. The applicant has no independent source of income and is struggling to meet the basic needs of herself and her child. The respondent’s income details need to be substantiated, and his attempt to shirk responsibility is condemnable.
7. The contents of para 7 are denied. The applicant’s father made sincere attempts to reconcile the marital discord, which were dismissed by the respondent with mala fide intent.
8. The contents of para 8 are denied. The respondent’s claim of being denied access to his child is baseless. His neglect towards the minor child’s welfare is evident from his actions and inactions.
9. The contents of para 9 are denied. The respondent’s misappropriation of the FDR amount is reiterated. His refusal to take responsibility for the applicant and their child highlights his mala fide intentions.
10. The contents of para 10 are denied. The respondent’s filing of a divorce petition is inconsistent with his claim of willingness to reconcile and resume marital obligations.
11-16. The contents of paras 11 to 16 are denied. The allegations therein are baseless, and the averments made in the application and rejoinder to preliminary objections are reiterated.
PRAYER:
In view of the foregoing submissions, the applicant respectfully prays that this Hon’ble Court:
- Reject the contentions raised by the respondent in his reply.
- Allow the application under Section 125 Cr.P.C and direct the respondent to provide adequate maintenance to the applicant and her minor child.
- Pass any other order(s) deemed just and proper in the interest of justice.
APPLICANT
Through Counsel
