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IN THE COURT OF SH. DHARMESH SHARMA, FAMILY COURT, CENTRAL DIST. TIS HAZARI COURTS, DELHI
Re :- Petition u/s 125 Cr.P.C. case no . 158/2015
And in the matter of:-
Smt.XX YY@ YY ……… complainant
Versus
Sh. ZZZZZZZ……….. respondent
….P.S. Sarai Rohilla
Written arguments/submission on behalf of respondent in respect of interim application u/s 125 of CrP.C.
Respected sir,
Legal points are as follows on behalf of respondent:-
1. That the above pending case of 125 Cr.P.C. is pending before this Hon'ble Court today for consideration of interim application u/s 125 of Cr.P.C.
2. The averments made in reply to main application under section 125 of Cr.P.C. and objections to Interim application may kindly be read as part and parcel of these arguments.
3. That the application/complaint of the complainant is not maintainable in its present form.
4. That the complainant has no locus standi to file and maintain the present application/complaint against the respondent.
5. That the complainant has no cause of action to file the present application/complaint against the respondent.
6. That the complainant has filed the present application/complaint on false and frivolous grounds with a motive to harass and humiliate the respondent.
7. That the complainant is being able bodied, well educated and highly qualified woman possessing past experience and passed B.Com. from M.D. University, Rohtak, presently running tuition/coaching centre as well as also running Beauty Parlor at house-cum-shop of her step-father's residence in delhi and earning approximately Rs.15,000/- per month from coaching center and beauty parlor, as well as salaried person of 15,000 per month from a job and has come with unclean hands before this Hon’ble Court.
8. That the business of respondent is going to ruin sooner within couple of days as four laning project of national highways authority of India (NH-22) is about to acquire the rented shop of respondent to complete their project of four laning very sooner as the orders of this project are given by the Hon'ble Supreme Court of India and due to which the rented shop of respondent is ruined. Some proofs of ongoing work of this project is enclosed in form of national newspapers and online news posts as annexure A to H.
9. Respondent is also spending a lot of money in fighting the false cases. As a result he is taking a lot of leaves from his work or business which always leads to the closure of the shop of respondent which results in heavy losses of money and income. Therefore respondent is not capable of paying maintenance to the complainant.
10. In order to prove complainant’s allegations, complainant has not produced a single piece of paper. Complainant has not produced any document showing any earnings of respondent. On the other hand, Respondent has already produced income tax return not only of last 3 years but of last 5 years(i.e 2 years before the marriage) and other documents to show his income. The complainant alleges exaggerated amount of income of respondent which is totally false averments. Filing false and misleading averments are abuse of process of court.
11. That the complainant left the company of the respondent and his house with her own wish and never wanted to stay with the respondent. complainant has also refuse to stay with him which is submitted by the complainant in Domestic Incident Report. So the complainant does not deserve any maintenance because it is clearly mentioned in Cr.P.C 125(4) "No wife shall be entitled to receive an allowance or maintenance from her husband under this section if she is living in adultery,or if,without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent".
12. That the complainant filed false statement of facts in her complaint and affidavit. She had an intention to go to her step-father's place to look after his lands. Complainant does not want to fulfill the restitution rights of matrimonial relationship because she said one day to the respondent that she does not like the respondent and her marriage was a result of pressure. Now lately alleging false things wants to misuse law for unlawful gains by the abuse of process of court.
13. That the complainant has deliberately hidden her presently working details that she is being employed by HBL global private limited and also hided her previous working experience to get the sympathy of the court. She should be penalized for coming to the court with unclean hands and committing perjury openly.
14. It is submitted that the complainant is not entitled to any relief, at least at the interim stage nor at the main Stage since she is capable to take care of herself. With the above mentioned qualifications and working details, she cannot say that “she is not able to maintain herself”.
15. That the respondent filed detail statement and objections/reply to the main complaint/application under section 125 of Cr.P.C and deny other allegations of cruelty, demand for dowry, physical assaults etc and points out that there are no specific allegations in the complaint. All the allegations are vague. No specific dates,time,place were mentioned etc.
16. That the present case is also an afterthought and to create pressure on the respondent and are arm twisting tactics to harass the respondent to shell out more and more money.
17. That it is already completed many months or days till date when complainant left the company of respondent and presently she is maintaining by herself with her own limits. In this regard, it is clearly noted that the complainant will maintain herself till the final disposal of the case and in future also.
18. That with above mentioned working details, it shows that she is capable to earn and will maintain herself till the final disposal of the case and in future also.
19. That it should be noted that, maintenance cases ,was created when the majority of women in India were illiterate and no means to earn a living and were totally dependent on their fathers , brothers or husband for their livelihood.
But in the current case the reality however, is shocking. The Complainant is openly misusing the laws (that were created to protect the welfare Indian women) for harassing the respondent/husband and his family to extract the money in the name of maintenance. She is not an “Abla nari” but an “Able nari” and should join the workforce instead of asking money from the husband and also contribute the development of the country.
20. That the complainant is well qualified and working in a private company , therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on husband. This way she will be able to maintain herself even if the husband dies or lose his business.
21. That granting maintenance to an able bodied, educated,working and experienced complainant will mean the treatment of respondent as FREE ATM MACHINE.
22. It is pertinent to be mentioned here that the complainant had submitted before this Hon'ble Court that she is "at the stage of verge and starvation" and it has been also mentioned in the order passed by this Hon'ble Court on 25-10-2016; whereas she was working with HBL global private limited and earned 15000 rupees per month at that time, which clearly proves that she lied before this Hon'ble Court in the said order dated 25-10-2016.
23. Complainant had given false submission that "she is a housewife" in the para number of replication which is submitted by her on 7 April 2017 ; where as complainant was working with HBL global private limited and earn 15000 rupees per month at that time which clearly proves that complainant lied before this Hon'ble Court in her replication also.
24. It is pertinent to be mentioned that in para number 19 and 20 of this argument clearly shows that complainant always given a bundle of false statement before this Hon'ble Court. Complainant should be penalized for coming to the court with unclean hands and committing perjury openly.
25. The likelihood of creating further complications on complainant false averments through interim order is already explained in the reply to the main application u/s 125 Cr.P.C and it may be read as part and parcel of the argument. I deeply pray your Honour to consider all the legal aspects either for interim order of your order or merits in the ends of justice.
Prayer:- It is therefore, prayed that consider all the legal aspects either for interim order or for order on merits in the interest of justice.
