IN THE COURT OF MS. SHIVANI CHAUHAN, METROPOLITAN MAGISTRATE SAKET COURTS, NEW DELHI

In the matter of:

Smt. Savita Dubey ...Complainant VersusSmt. Sudha Sharma ...Respondent

REPLY ON BEHALF OF THE RESPONDENT TO THE APPLICATION UNDER SECTION 12 OF DOMESTIC VIOLENCE ACT ON BEHALF OF THE COMPLAINANT Most respectfully showeth:

Preliminary Submissions:

That the above named respondent most respectfully state and submit as follows:1. The Application is liable to be dismissed as it is an abuse of process of law and the Petitioner has not come before this Hon'ble Court with clean hands.The Petitioner is not entitled to any relief as she is guilty of suppression of true and correct facts.2. That, the Application filed by the complainant is baseless, meaningless and not at all maintainable in the eyes of law, as such, the same is liable to be dismissed. The entire application has been based on false allegations and general allegations without any concrete evidence.

3. That the Respondent was married to Satish Sharma (since deceased) brother of the complainant in the year 1989 and lived a peaceful married life with her husband and two daughters namely Mannat and Riddhi till the death of her husband in the year 2012. That it is pertinent to mention that at the time of the marriage of the respondent the financial condition of the in laws of the respondent was not stable, father was retired , daughters were not settled either. kiran sharma was in pvt job in korean embassy and many a times respondent alongwith her husband went in the middle of the night to bring her home, complainant was a hard core alcoholic nd a heavy smoker. when asked what these people wanted in dowry, reply was we have everything but slowly and slowly respondent came to know that they wanted hard cash as the whole family had bad habits nd there was a huge pending electricity bill which nobody in the family took initiative to pay nd when there was a notice to cut connection, it was paid by us.from the very beginning satish had said that this is his house and since everybody is living here without paying rent small bills at least should be paid by them but all wanted us to bear all the expenditure of the house and sometimes it used to become so bad that i used to shiver while eating. That it is further pertinent to mention that the respondent was in job even before her marriage which she continued even after her marriage and she is due to retire in the year 2016.

4. That the complainant is a lady who is a habitual drinker and smoker and it was not possible to even stand near her leave apart talk to her as door door tak uski body se smell aati thee. As she was involved in various relationship with other people since her college days. That it is respectfully submitted that the complainant is a lady of outdoor character who never bothered to fulfil her family obligations due to her involvement in extramarital relationships and her deep involvement in smoking and drinking. That it is further submitted that Complainant along with her husband came to the matrimonial home of the respondent and started living with the respondent and never went back despite repeated request from her husband to take her back.

5. That it is pertinenet to mention that at the time of the marriage of the Respondent the financial postion of the in laws of the respondent was very bad therefore respondent who was already in service/job even before her marriage financially helped her husband to buy three plots after marriage with her savings , out of which two plots were sold out by the husband of the respondent for managing the affairs of the family of her in laws in intervals. That it is pertinent to mention that the third plot was sold off in the year 2008 for the well being of the real sister of the complainant, child of the complainant and the mother of the complainant.

6. That it is respectfully submitted as the husband of the respondent sold all the three plots for the well being of the family members, including the complainant and her children which made the complainant to think that her any demand can be fulfilled by the husband of the respondent. That with the passage of time complainant started making unreasonable demand of money for the well being of her child which was denied by the husband of the respondent as he had already sold all the three properties which were in the name of the husband of the complainant for the well being of the respondent in laws family members. That feeling aggrieved by the aforesaid conduct of the respondents husband conduct complainant along with her real sister Kiran Sharma started torchering and harassing the respondent as well as her husband and created an unfavourable environment in the matrimonial household of the respondent due to which husband of respondent who was already suffering from chronic calcific pancreatitis since july 2007, developed stress ulcers and fell sick to which he never recovered. It is respectfully submitted that the complainant was not aware about her brothers (Satish Sharma husband of the respondent) ill condition as she was always raising her own problems so as to harass and extract money from the respondent under the guise of her difficulties/problems. and were also pressurising them to adopt her son as they had only daughters to which both of them alwayssaid our daughters are our sons.

7. That it is very pertinent to mention that the major contribution in the current property i.e. 488, Mandakni Enclave was contributed by the husband of the respondent as the aforesaid property was initially booked in the name of the father in law of the respondent but it was cancelled due to non payment of the booking amount thereafter husband of the respondent paid the entire amount and it was revived back in the name of the father in law of the respondent in the year 1985. That it is further submitted that despite the fact that the major share in the current property was contributed by the husband of the respondent, complainant herein, is making a baseless demand that the aforesaid property be allotted in the name of the complainant.

8. That it is pertinent to mention that the shares were purchased by the husband of the respondent and his family in different joint names and as the value of the shares kept on increasing the greediness of the complainant and her real sister, Kiran Sharma, also kept on increasing. That when the prices of the shares reached zenith complainant and Kirna Sharma kept all the shares with them and refused to handover the share of the husband of the respondent and pressurized the husband of the respondent to sign on the documents of the property so as to grab the property in their name. That as all these shares were purchased by the husband of the respondent in which the name of the husband of the respondent also appears as the first or second shareholder, therefore all these shares are liable to be transferred in the name of the respondent and her daughters as the two daughters are at vulnerable stage and still studying and the respondent is due to retire in Feb. 2016.

9. That the respondent has been harassed by her mother in law, complainant and her real sister Kiran Sharma for dowry and the complainant has been constantly demanding an amount of Rs. 20,00,000 from the respondent since 2007 for the settelement of her son. That when the respondent declined to the aforesaid demand of Rs. 20,00,000, this false case of domestic violence has been filed against the respondent so as to extort the money from the respondent.The only time respondent's mother in law will not curse her was on karvachauth. otherwise constant harrassment was jhonpri se aayi hai etc.

PARA WISE REPLY

1. That the contents of paragraph number 1 of the application is a matter of record and needs no reply.

2. That the contents of paragraph number 2 are misconceived, wrong and are denied. It is denied that respondent has subjected the complainant to any kind of physical or mental torture and the respondent along with her husband has always tried to fulfil the demands of the complainant and her family members. That the fact of the matter is that the respondent has been harassed by the complainant and her family members for the want of dowry and has always pressurised the respondent to give an amount of Rs. 20 lacs to the respondent for the settlement of the respondents son. 3. That with reference to the paragrpagh no. 3 of the application, the respondent does not admit entire contentions being totally baseless and meaningless and false allegation. In addition the respondent is admitting that the designation of the Mr. K.C. Sharma is correct but the complainant, her mother and her sister Kiran Sharma has always used the name and designation of Mr. K.C. Sharma so as to build their status in the society. That the last paragrpagh of the para 3 stating that the property in question i.e. Property No. 488, Mandakani Enclave, New Delhi- 1100019 was purchased by Mr. K.C. Sharma is wrong and incorrect and therefore it is denied. That it is pertinent to mention that the major share in the property in question was contributed by the husband of the Respondent.

4. That the contents of the paragrpagh no. 4 are wrong and hence denied. The fact of the matter is that the Complainant was neither divorced nor legally separated from her husband. That it is respectfully submitted that the complainant left her matrimonial home because of her extra marital relationship and her addiction towards smoking and drinking. That the behaviour of the complainant was very bad towards her husband and her in laws due to which complainant was never called back to her matrimonial home not even at the time of the death of the husband of the complainant. 5. That with reference to the contents of the paragrpagh no. 5 the respondent does not admit entire contentions being totally baseless and meaningless and false allegations. In this regard it is submitted that the complainant has attempted to create concocted stories against the respondent without any concrete evidence. That the fact of the matter is that at the time of the marriage of the respondent the family of the complainant was undergoing financial problems to which failure of marriage of the complainant and the problem of not getting married her real sister Kiran Sharma was mountimg huge pressure in the family of the complainat. That it is further submitted that respondent never used filthy language to any member of the complainants family. She heard the word Bitch first time from the complainants mouth and saw that her photographs were destroyed and torn from her husbands. That the complainant feeling frustrated with her matrimonial life constantly tried to create distrust and problems between the respondent and her husband. That it is wrong and denied that there were any discord between the respondent and her husband. That it is respectfully submitted that complainant, her sister and her mother used to harass the respondent because all of them were extremely dissatisfied with the respondent due to her failure to fulfil the huge demands of their dowry. That it is further submitted that as the family of the complainant was undergoing financial problem; complainant and her sister Kiran Sharma started pressurizing the respondent to give money to them from her saving of last nine years as well as started eyeing on her provident fund so that the pending bills of the electricity as well as other bills can be cleared, which infact was later on cleared by the respondent and her husband only. That it is pertinent to mention that the complainant and her sister Kiran Sharma have always been fond of gossiping and spreading false stories in the neighbourhood so as to lower down the reputation of the respondent in the society and always tried to create problems between the respondent and her husband on even the most trivial issues by telling lies to the husband of the respondent.

6. That with reference to the contents of the paragraph number 6 it is submitted that the contents are wrong, baseless and therefore denied. That the fact of the matter is that on 2nd August, 1990 respondent gave birth to a girl child namely mannat. That it is pertinent to mention that at this crucial time of the delivery of her daughter respondent was kept away from her husband as complainant and her mother has sent the husband of the respondent to look after his friend who was not keeping well due to which respondent had to go to hospital in the neighbours car and the respondents demand to call her husband was never put into the ears of her husband so that the respondent can be kept away from her husband at the crucial time of her delivery. That the harassment of the complainant along with her sister and mother increased after the respondent gave birth to a girl child and they called it as the most unfortunate event of their life because respondent has given birth to a girl child as against their wishes to a male child. That as the respondent gave birth to a female child the complainant and her family members started making discrimination between the male child of the complainant and the female child of the respondent and started giving more preference to the male child of the complainant. That due to the birth of the girl child complainant and her mother harassed the respondent to an extent that she was not allowed to enter into the kitchen and cook food and was asked to bring food for herself from outside. That with the passage of time as the girl child of the respondent started growing harassment at the hands of the complainat and her family members also started mounting,they used to throw the belongings of the girl child and the respondent if they used to keep it at any place except the room of the respondent; the respondent used to turn on the television on a very loud voice only at the time when the female child of the respondent sit to study. That the complainant and her mother have tried to dissuade the respondent and her daughter from using the common area considering the house to be their wholesome property.

7. That with reference to the contents of paragraph number 7 it is submitted that the contents are wrong, baseless and therefore denied. That the fact of the matter is that the father of the complainant had developed heart ailment was infact due to the kind of environment which was being created by the complainant and the main reason for the same was that his two daughters aged 30 and 41 were on his head, creating unres at home and interfering in their sons family life. That it is denied by the respondent that she had ever bolted the door of the toilet in the late night when the father in law of the respondent wanted to use the washroom situated on his floor. That the aforesaid allegation on the respondent has been framed by the complainant without any concrete evidence. That the it is denied that at the time when the father in law of the respondent was admitted in the hospital respondent went for a holiday. That it is further denied that at the time when the father in law of the respondent was hospitalised all the expenses were borne out by the complainants sister. That it is respectfully submitted that at this juncture as the husband of the respondent was wholly looking after his father due to his illness husband of the respondent went out of business and therefore sold out the second plot located at Jaitpur which was purchased by the joint contribution of money from respondent and her husband so as to take care of the respondents father in law. complainant as the respondent has seen in al l these years has not even once looked after her parents , son or brother , never ever spent a penny on anyone except demanding with open hands.what was she doing when her father was sick? drinking to the hilt and lying down wherever she wished in a not to be seen position. finances were managed by us and not her and her real sister.

8. That with reference to the contents of the paragraph number 8 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. In this regard it is submitted that the complainant has attempted to create concocted stories against the respondent, without any concrete evidence. That it is respectfully submitted that mother in law of the respondent fell in the bathroom as she was very old and was having some problem in walking and did not fell at the dining table as no one was ever sitting and eating at the dining table.That it is pertinent to mention that complainant fell down while travelling by an auto and no one else other than the husband of the respondent took her to the hospital despite the fact that her real sister was also working and she had a grown up boy having his car. That it is further submitted that in the end of year 1996 husband of the respondent assaulted the respondent as the respondent has asked for divorce as her frustration level reached at its highest peak due to the harassment which was being imparted on the respondent by the complainant along with her sister and mother in law. That the husband of the respondent caught hold of the neck of the respondent and pulled her hair as she has asked for divorce thereafter mannat the child of the respondent intervened and asked the respondent to go away from this place so as to protect herself and in order to protect herself respondent decided to leave her matrimonial house and respondent husband and Kiran Sharma took her to her parents house where again kiran sharma misbehaved with the family though respondent was in constant touch with her daughter as the respondent was not allowed to take her daughter along with herself.

9. That with reference to the contents of the paragraph number 9 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations.That it is submitted that as the husband of the respondent had sold the plot at Jaitpur at the time of his fathers illness and some money was saved from the selling of the aforesaid plot husband of the complainant decided to construct a garage in the extra space available in the house for his personal use as office and at all this time respondent contined to meet her daughter as she was working in GK-II area only and after sometime husband of the respondent and in laws of the respondent realised their fault and apologized to the respondent and asked the respondent to come back as there was some extra space available for the privacy of their family but there also,complainant will come and sit to which many a times mannat asked her, bua kya kaam hai. even at such a small age she knew everybody needs privacy sometime orthe other . That it is pertinent to mention that at the time when respondent was living at her parents house husband of the respondent used to visit the house of the parents of the respondent and made several request to the respondent to come back to her matrimonial home. And again a lot of money was spent by the respondent at this time to make payment to the labour who were given notice. this time around riddhi was born in july 1998, and the only person in inlaws was father in law.

10. That with reference to the contents of the paragraph number 10 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. That it is pertinent to mention that the husband of the respondent used to drink even before her marriage to which respondent was instrumental in getting him to leave his drinking habbit. That it is further submitted that the husband of the respondent has tried on a couple of occasions to put kerosene on himself just to scare the complainant and her sister so that the harassment which was being imparted on the respondent by the complainant and her sister could be stopped but the complainant and her sister Kiran Sharma instead of stopping the problems which was being created by both of them they started shouting by pointing towards the respondent that yeh humein maar degi. That after the aforesaid incident respondent again wanted to leave the matrimonial house along with her daughters but the husband of the respondent did not let them go stating that is ghar se jaan a hai to meri laash se hoke jana hoga after which respondent did not leave. That it is also submitted that husband of the respondent never lodged a complaint but the sister of the complainant Kiran Sharma in order to take a preventive measure herself went to the police station and lodged a complaint when the husband of the respondent repeated the same incident again as the husband of the respondent was forced by Kiran Sharma to leave the house. That the husband of the respondent also warned her sisters not to pressurise him to leave the house as the property in question was bought with the hard earned money by the husband of the respondent and he had the Affidavit stating that father of the husband of the respondent had left the house for the husband of the respondent which the husband of the respondent wanted to give to his children. That it is further submitted that husband of the respondent never kicked his sisters to move away from home as the husband of the respondent was very much attached to his mother and he did not wanted to hurt his mother in any manner. That it is further submitted that the complainant has very little knowledge about the health of the respondents husband as complainant was always interested in the property of the respondents husband and nothing else. That the respondents husband had already told her that he was having some problem in digestion as his hole of duodenum was small and was advised a little operation earlier also.It is pertinent to mention here that on 08.02.2009 respondents husband was admitted in private wards of AIIMS for operation regarding pancreatitis but by gods grace he was discharged with a warning to quit smoking. That it is respectfully submitted that the husband of the Respondent was suffering from the digestive problems and used to take strong pain killers even thrice in a day at times since the beginning of the year 1989.

11. That with reference to the contents of the paragraph number 11 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. That it is submitted that husband of the respondent was admitted in the AIIMS in year 2012 for a period pof 40 days i.e. from 16th Decemeber-26th January 2012, i.e. till the day of the demise of the respondents husband. That it is pertinent to mention that in all these 40 days of suffering respondent was looking her husband alone without any kind of support neither financially nor emotionally from the family members of the complainant and the bill for the medical treatment of the respondents husband was borne alone by the respondent only.respondent alongwith her daughters mannat and riddhi fought for the life of satish but he was left with no WIll to live as he was being pressurised by kiran sharma to sign off the property papers to get the house transferred in her name. since he was attatched with the house and this was the only asset made by him for his wife and daughters in the entire career, he was not able to take this pressure from his own sister for whom he had done everything as they were not settled, he fell sick never to recover. in the hospital, he always asked for his wife's presence despite her asking him if she can take a break for a day to which his answer was tu bhi mat aa par in logon ko naa bhejna. That on 14th January, 2012 husband of the respondent wanted to go home to take bath as it was sakranti and respondent took him to his house in her sisters car as it was very cold at that time but the behaviour of the complainant her sister and her mother did not change even at this juncture and the respondent took her husband back to the hospital as he said to the respondent sudha mujhe wapis le jaa I am not able to breathe with these people under this roof. That the husband of the Respondent also wanted to take out his Power of Attorney which was given by the father in law of the respondent in the name of the Respondents husband but due to his illness he was unable to take the aforesaid power of attorney in his possession.

12. That with reference to the contents of the paragraph number 12 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. That the fact of the matter is that neither the complainant nor her sister ever bothered to change their attitude even after the death of the husband of the respondent and always used to taunt the complainant that her husband had died without signing the papers of the property as all of them since inception wanted to grab the property, therefore complainanat along with her sister and in collusion with her mother made a forged will dated 14.06.2012 of the property in their favour and thereafter started harassing the complainant and her daughters to move away from the house. That it is further submitted that complainant and her sister Kiran Sharma always encouraged their maids to speak in a foul language and against the respondent which made it difficult for the respondent to enter into the kitchen; that against the behaviour of the maids respondent has made complaint to police even but everytime when police asked the complainant and her sister to change their maid they used to reply that wont change their maid. maid has this liberty to throw the respondents utensils etc and break them to which kiran sharma bucks her up with the words very good, she deserves it.After filing a case with malafide intentions, there behaviour has become worse thinking they have the licence now to torture and harrass the respondent as under.13. hamare pair parti to kuch de bhi dete, husband ko maar kar bhi datii hui hai. maa baap bhi nahin le jaate aisi larki ko. yahan pare hain. jashan mana rahe hain.

14. That with reference to the contents of the paragraph number 13 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. The entire contents of paragraph number 13 has been based on false allegations and general allegations without any concrete evidence.

15. That with reference to the contents of the paragraph number 14 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. The entire contents of paragraph number 14 has been based on false allegations and general allegations without any concrete evidence. That it is also pertinent to mention that as the complainanat and her family members since inception wanted to grab the property, therefore complainanat along with her sister and in collusion with her mother made a forged will dated 14.06.2012 of the property in their favour and that the complainant has made a baseless allegations against the respondent without specifying the date and number of complaint if any.

16. That with reference to the contents of the paragraph number 15 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. The entire contents of paragraph number 15 has been based on false allegations and general allegations without any concrete evidence. That the contents of paragraph number 15 does not say that when various complaints was made against the respondent.

17. That with reference to the contents of the paragraph number 16 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. The entire contents of paragraph number 14 has been based on false allegations and general allegations without any concrete evidence. In this regard it is submitted that the complainant has attempted to create concocted stories against the respondent, without any concrete evidence and is only repeating the content in a general way in all the preceeding paragraphs.

18. That with reference to the contents of the paragraph number 17 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. The entire contents of paragraph number 14 has been based on false allegations and general allegations without any concrete evidence. That it is submitted that respondent has never bolted the door of the kitchen from outside as most of the time respondent is out of the house and only time when the respondent is in kitchen is the time of cooking foof for herself and her daughter and even that time respondent is harassed by the complainant and her maids.19. That with reference to the contents of the paragraph number 18 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. The entire contents of paragraph number 18 has been based on false allegations and general allegations without any concrete evidence. That it is pertinent to mention that complainant by mentioning the name of the daughters of the respondent is trying to impute false allegations against them without their any role in anything.

20. That with reference to the contents of the paragraph number 18 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. The entire contents of paragraph number 18 has been based on false allegations and general allegations without any concrete evidence.

21. That with reference to the contents of the paragraph number 20 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. The entire content of paragraph number 20 has been based on false allegations and general allegations without any concrete evidence. That it is pertinent to mention that respondent does not keep any kind of personal belongings in the living room and neither the respondent nor her daughters used to visit the living room because of the fact complainant and his son Hunnar Dubey has put a camera in the living room and common room as well and started taking videos of the respondent and her 16 year old daughter and they mock the respondent and her daughter by saying that we are recording you. Here respondent is under constant fear of complainant , kiran sharma,shivani and hunar dubey who can anyday poison the food which is made by resp. in the morning for her daughter and is left on the table, which is fiddled with afterwards when she leaves for office and nobody from her side is in the house. HEr things are lying in open and resp. had already lost many expensive things including jewellery.It is pertinent to mentionhere that resp. whenever wanted to buy furniture, her inlaws will not allow her but will use the money for their luxurious living like 24 hours heater in all the rooms of theirs was one of many luxuries , enjoyed by them.22. That with reference to the contents of the paragraph number 21 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. That it is respectfully submitted that as the relatives of the respondent are well settled and are in very good financial condition due to which complainant started mounting pressure on the respondent to ask for 20 lakhs from the relatives of the respondent as complainant would be needing it to settle his 32 year old son Hunnar against whom a police complaint had already been registered for misconduct. That when respondent denied for the same complainant threatened the respondent that if she would not ask for the money from her relatives then complainat would lodge a false case of attempt to kill the son of the complainant and her sister. That it further submitted that son of the complainant has acted violently on multiple occasions by banging doors at late midnight, throwing things and has tried to establish dominance by violent physical gestures and by shouting at the respondent and on her daughter. That it is also submitted that son of the complainant does not have any respect for the complainant and is of extremely irresponsible nature. 23. That with reference to the contents of the paragraph number 22 of the application, the respondent deny entire contentions being totally baseless and meaningless and false allegations. The entire contents of paragraph number 22 has been based on false allegations and general allegations without any concrete evidence.

24. That with reference to the contents of the paragraph number 23 of the application it is submitted that the content of para no. 23 is a matter of record and therefore needs no reply.

25. That with reference to the contents of the paragraph number 24 of the application it is submitted that the content of para no. 24 is a matter of record and therefore needs no reply.

PRAYER It is, therefore, most respectfully prayed that this Honble Court may be pleased to order:(a) That the application under reply made be dismissed with heavy cost;(b) Any other order as this Hon'ble Court may deem fit and proper in the facts and circumstance of the present case.

RespondentThrough

ANAND DEY Advocate for the RespondentPlace: DelhiDated: __.11.2014

VERIFICATION

Verified at Delhi on this____day of November, 2014 that the contents of the above reply to the application under section 12 of the Domestic Violence Act, 2005 from paras 1 to 24 are true and correct to the best of my knowledge and belief and nothing material has been concealed or suppressed and no part of it is false.

Respondent

Place: New delhi Dated:__.11.2014