REPLICATION ON THE BEHALF OF THE PLAINTIFF TO THE WRITTEN STATEMENT
OF THE DEFENDANT:
IN THE COURT OF SH. PRAVEEN KUMAR, Ld. JUDGE, FAMILY COURT
(SOUTH), SAKET, NEW DELHI
GP No.29 of 2020
IN THE MATTER OF:
Gaurav Sahu … Petitioner
Versus
Simran Singh … Respondent
INDEX
Sl. No. Particulars Page No.
1. Replication on behalf of the petitioner to the 1-8
written statement filed by Respondent with
affidavit.
Petitioner
Through
Rajkotia Associates
Advocates
N-8, 2nd Floor, Green Park Main,
New Delhi-110016
New Delhi
Dated:
IN THE COURT OF SH. PRAVEEN KUMAR, Ld. JUDGE, FAMILY COURT
(SOUTH), SAKET, NEW DELHI
GP No.29 of 2020
IN THE MATTER OF:
Gaurav Sahu … Petitioner
Versus
Simran Singh … Respondent
REPLICATION ON BEHALF OF THE PETITIONER TO THE
WRITTEN STATEMENT FILED BY RESPONDENT No.1.
MOST RESPECTFULLY SHEWETH:
Preliminary Objections:
The contents of the reply filed by the respondent show clear intent to deceive
the court through any means necessary maybe inferred by the numerous points
made by the respondent in the concerned reply. The concerned reply on the
behalf of the respondents is liable to be rejected by the court as the Petitioner
has suffered deep trauma caused by the actions of the respondents as
documented and enumerated within the original application for custody.
Denial on Merits
1. Paragraph 1 of the petition is not denied.
2. Paragraph 1 of the petition is not denied
3. The contents of Paragraph 3-4 are completely incorrect and denied. The
contents of the Para 3 and 4 of the petition are reiterated as true and
correct. Within para 3-4 it was written that That “the Petitioner never
had a normal, cordial and happy married life because of Respondent,
despite the fact that both the parties are educated. The Respondent's
behavior towards the Petitioner has always been cruel, aggressive and
abusive, there were numerous fights undertaken by the Respondent with
the Petitioner but the Petitioner kept on bearing the mental agony,
humiliation and harassment at the hands. of the Respondent to save
the marriage for the sake of his daughter. That the Respondent has
serious temperamental issues including aggressive behaviour, mood
swings and anger fits. The Respondent is an extremely short tempered
lady who bursts into anger without any provocation and hurls abuses
and sarcastic remarks at the Petitioner without any fault on his part. The
Respondent would not care at all for the adverse Impact of her outbursts
on the state of mind of the Petitioner and their daughter. ” It is denied
that petitioner had no love and respect for the girl child and that he
wanted a male child over the female child. It is denied that petitioner
gave physical beatings or abused the respondent. It is willfully denied
that the petitioner is in the habit of drinking and losing his control and
indulge I the act of Domestic violence. It is inadvertently denied that
petitioner treated the respondent with cruelity.
5 The contents of Para 5 are wrong and denied. It is willfully denied that
the financial health of the respondent was dwindling anwas dependent
upon not only the Respondent but also on the other family members of
the Respondent for his personal gains.
6 The contents of paragraph no.6 are wrong and denied and that the
contents of the paragraph no. 6 of the petition are reiterated as correct.
7. The contents of paragraph 7 are controverted, whereas the
corresponding paragraph 7 of the petition are reaffirmed as correct
which says that petitioner used to shift to guest houses and the access to
his daughter was restricted and the respondent did not allow the
petitioner to see his daughter and continue with her torturous act when
he returned.
8. The contents of paragraph 8 are denied and incorrect. The contents of
paragraph 8 of the petition is correct. It is denied that the respondent was
forced to leave the job to look after the minor child. It is denied that the
respondent had to beg the petitioner for financial support for school fee
of the minor child.
9. The content of paragraph 9 are incorrect and hereby denied. It is denied
that the petitioner left the Chattarpur house on his own completely and
voluntarily when no circumstances were available for him. It is further
denied that Petitioner had no love and affection for the Respondent as
well as the minor girl child who was only 5 years of age then and did not
even provide for any accommodation for all three of them to move
together. It is denied that Petitioner moved out of the matrimonial home
from Chhattarpur, the Respondent along-with minor child was always
ready to accompany with the Respondent to his house at Gurugram. It is
denied that Petitioner refused to let the Respondent and minor child
entered the house which forced the Respondent to take house near to the
house of the Petitioner.
10. The contents of paragraph 10 are denied and incorrect whereby the
contents of paragraph 10 of the petition are whereby correct. It is denied
that petitioner is an irresponsible father and cancels last minute. It is
denied that doubt
11.The contents of paragraph 11 are incorrect and denied whereas the
corresponding paragraph no. 11 of the petition is reiterated as correct.
12. The contents of paragraph 12 are incorrect and denied whereas the
corresponding paragraph no. 12 of the petition are reiterated as correct.
It is hereby denied that the petitioner to seek custody and take care of
the minor child since 2016. It is further denied that no steps were taken
by the petitioner to take care of the girl child.
13. The contents of paragraph 13 are hereby denied and wrong. The
contents of the paragraph 13 of the petition are hereby correct. It is
hereby denied that petitioner is deliberately meeting the minor child and
abandoned the child with the respondent. It is hereby denied that the
petitioner has filed the present petition with oblique and malafide
intention in order to harass the Respondent. It is denied that all the
people, who are aware about the true facts of the incident / situation,
have only counseled Petitioner and have reprimanded him for such
actions. It is hereby denied that no disruption was caused when
petitioner went to the school of the minor child. It is further denied that
the petitioner only thinks of himself.
14. The contents of the paragraph 14 are hereby denied and are incorrect
whereas the corresponding paragraph number 14 of the petition is
correct. It is thereby denied that petitioner is manufacturing lies in order
to defame and humiliate the respondent. It is further denied that such
allegations have been manufactured to obtain a favorable order from this
Hon’ble Court.
15. The contents of paragraph number 15 are hereby denied and are
incorrect and whereby the contents of paragraph number 15 of the
petition are true. It is hereby denied that the life of respondent has been
made difficult due to the petitioner.
16. The content of paragraph number 16 are hereby denied and are
incorrect. The contents of paragraph number 16 of the petition are
correct and reaffirmed. It is hereby denied that the minor child is
reluctant to meet the petitioner. It is further denied that Petitioner treats
other women including respondent in such a way that is causes mental
trauma to the minor child
17.That the contents of the paragraph number 17 of the petition are correct.
18. That the contents of paragraph number 18 of the petition are reaffirmed
as correct.
19. The contents of paragraph no. 19 of the petition are reaffirmed as
correct.
20. The contents of paragraph 20 of the written statement are denied and
incorrect and whereby the contents of paragraph number 20 of the
petition is reaffirmed to be correct. It is hereby denied that the petitioner
has not paid any bills other than school fees. It is further denied that he
has not been providing any facet of being the father of the minor child.
It is further denied that the petitioner is using the minor child as the
bargain chip to obtain easy divorce. It is further denied that the
petitioner is inflicting physical and emotional abuse to respondent and
that the minor child is a witness to it.
21. The contents of paragraph 21 are hereby denied and whereby the
contents of paragraph 21 of the petition are reaffirmed as correct.
22. The contents of paragraph 22 of the written statement is correct,
however it is denied and is incorrect that the petitioner has not provided
for the mental and physical wellbeing of the minor child.
23. The contents of paragraph 23 of the petition are reaffirmed as correct. It
is denied that only the mother can provide for the child at age 11 and not
the father.
24. The contents of the paragraph 24 are denied. The composition of time
being split equally between both the parties is of paramount importance
for the development and growth of child as her child is already marred
by such unfortunate circumstances with regards to the divorce and
custody battle between the parties and hence it is crucial that she spends
equal time with bother her parents individually for her growth
25. The contents of paragraph 25 are denied and incorrect, however the
contents of the paragraph 25 of the petition are hereby reaffirmed as
correct.
26. The contents of paragraph number 26 of the petition is hereby
reaffirmed as correct.
27. The contents of paragraph number 27 of the petition is hereby
reaffirmed as correct.
28. The contents of paragraph number 28 are incorrect. The contents of
paragraph number 28 of the petition is hereby reaffirmed as correct. It is
denied that the petitioner does not have sufficient substantial grounds to
show the why it would be in the welfare of the minor girl to have her
custody.
29. The contents of paragraph 29 are misleading and incorrect whereby the
contents of paragraph 29 of the petition are hereby affirmed as correct.
(Doubt)
30. The contents of paragraph number 30 of the petition is hereby
reaffirmed as correct.
31. The contents of paragraph number 31 of the petition is hereby
reaffirmed as correct.
Petitioner
Through
Rajkotia Associates
Advocates
N-8, 2nd Floor, Green Park Main,
New Delhi-110016
New Delhi
Dated:
Verification:
Verified at New Delhi on this _____ day of March, 2024 that the contents
of paragraph Nos.1 to ___ of preliminary submissions and contents of paragraph
Nos.1 to ___ of preliminary objections and contents of paragraph No.1 to ____
of parawise reply are true and correct to my knowledge and paragraph Nos.___
to _____ are true to the information received of my replication. No part of it is
false and nothing material has been concealed therefrom.
Petitioner
IN THE COURT OF SH. PRAVEEN KUMAR, Ld. JUDGE, FAMILY COURT
(SOUTH), SAKET, NEW DELHI
GP No.29 of 2020
IN THE MATTER OF:
Gaurav Sahu … Petitioner
Versus
Simran Singh … Respondent
AFFIDAVIT
I, Gaurav Sahu , S/o Sh. Saryug Sahu, Aged years, R/o C-102, DLF The
Summit Park Lane DLF Phase-V, Gurugram-122016, Haryana do hereby
solemnly affirm and declare as under : -
1. That the deponent is the petitioner of the above-noted matter and is fully
conversant with the facts of the case.
2. That the contents of the accompanying replication has been drafted by my
counsel under my instructions and the same are not being repeated herein
for the sake of brevity.
DEPONENT
VERIFICATION :
Verified at New Delhi on this ______ day of March, 2018that the
contents of the above-affidavit are true and correct to my knowledge and belief
and nothing material has been concealed therefrom.
DEPONENT
