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BEFORE THE HON’BLE FAMILY COURT NO. 2,
NAGPUR
Petition No. E-157/2020
PETITIONER : Sau. Pushpabai Narsinghrao
Ghorpade, aged about 66 yrs.,
Occ.- Housewife, R/o. Satish
dinkar Nimbalkar, C/o
P.N.45,Ganesh Kumbhalwar,
Shrikrushna Nagar, Kohle layout,
Zingabai Takli, Nagpur-440030
(P.S. Mankapur)
Versus
RESPONDENT : Shri Narsinghrao Shripatrao
Ghorpade, aged about 74 yrs.,
Occ.- Rtd. Senior Citizen, R/o.
P.No. 148, Mahalaxminagar No. 2,
Manewada Road, Nagpur-440024
(P.S. Hudkeshwar)
WRITTEN STATEMENT OF RESPONDENT FOR THE
CASE OF MAINTENANCE U/S 125 CRPC ACT 1973
The respondent begs to submit as under:-
1) As to para No. 1 : That the para No. 1 is true
2) As to para No. 2 : That the para No. 2 is true
3) As to para No. 3 : That the in para No. 3 it is true
that the “Nutun” is the daughter of Pushpabai borned
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in the year 1987. Remain para is falsed and matter of
proof and evidence.
4) As to para No. 4 : That the in para No. 4 sau.
Meenabai is second wife of respondent with the
consent of petitioner her parents as well as relatives
because the petitioner is not speak properly and
suffering from mental non-curable disorder. She is
mentally incomplete of mind & having Psy-chopathic
disorder in the growth of her brain is unfit for
performing housewife duties.
Rest of para is true.
5) As to para No. 5 : This para is true.
6) As to para No. 6 : That the in para No. 6 is totally
denied. Respondent is behaved with petitioner like
small child because petitioner is mentally disorder
patient.
7) As to para No. 7 : That the in para No. 7
respondent does not have any bad habit rest of the
para is denied and matter of proof.
8) As to para No. 8 : That the para No. 8 is falsed,
mater of proof therefore, it is denied.
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9) As to para No. 9 : That the para No. 9 is not true,
because the petitioner left her house with
50sarees,peticotes,blauses and others in iron box
under the influence of Narayan V. Dhamode and
when this information got by respondent then he
issued R.A.P.D. letter dated 15/06/2020 to Narayan
V. Dhamode for handover custody his wife
Pushpabai, but in opposite Pushpabai lodged falsed
police complaint against respondent on 18/06/2020.
10) As to para No. 10 : That the respondent retired
as machinesit from Ordanance factory, Ambazari,
Nagpur on date 31/10/2007 is true & rest of para is
falsed & matter of proof.
11) As to para No. 11 : That the para No. 11 is
concerned the respondent is always ready to living
with petitioner in his house therefore, no question
arises to give maintenance to petitioner.
12) As to para No. 12 : That the para No. 12 is
falsed,conceal true fact and matter of proof therefore,
it is totally denied.
13) As to para No. 13 : No need to reply
14) As to para No. 14 : No need to reply
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15) As to para No. 15 : No need to reply
Prayer clause : Prayer claused totally wanted to be
rejected,because petitioner is mental patient. The
respondent reserved his rights to amend this case.
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SPECIFIC PLEADING :
16) That the respondent’s marriage with the
petitioner kumari Pushpa was brought about under
deceiptful circumstances on 14/05/1977 at village
Dhawlapur, tahsil Katol, Dist. Nagpur in the house of
her father Shri Vasantrao Vitthalrao Chavan who was
the Sarpanch of the Grampanchayat Dhawlapur, after
two months of marriage respondent noticed and
realised that the petitioner’s works, behaviour,
talking and attitude not showned normal ways
because she unable to proper talk, cooking foods,
Housekeeping duties then after respondent called her
parent for confirmation regarding her mental health.
Then petitioner parent told that she is mental unfit
patient and does not having sense to performing
house wife duties and responsibilities. That, the
respondent gave her treatment of Dr. Bansod in the
begining; but he found her to be of beyond cure.
Hence the respondent blamed his fate and he is living
a sorrowful life as a bachelor even after the marriage.
That, the petitioner father took her his house after
Dr. Bansod’s treatment saying that he would give
other doctor treatment ,but he reached her
respondent house soon after 4 months without any
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medical treatment in 1978. Even then the respondent
living with her with respect and sympathy.
Hence as a last resort, this respondent
started giving treatment to the petitioner at mental
hospital Nagpur from 18/06/1979 as an vide case
No. 4619/79 & its last vide case No. is 1907/80. The
lady Doctor incharge Smt. Bhole as well as Dr.
Londhe who examined her opined that, the petitioner
is brain is not properly developed and she is suffering
from incurable mental disorder. Then her father took
her his house again on 06/11/1979. The life of
respondent useless, unless the respondent on dated
15/02/1980 filed Divorce Case Vide No. H.M.P. No.
29/80 in C.J.S.D. Nagpur that time petitioner not
submitted her written statement during the hearing
this case Hon’ble Court observed that Pushpabai seen
metnal patient therefore, before court passing the
order of Divorce the petitioner’s father put down his
head on respondent foot and said that you remarry at
your choice with permission of us, petitioner and my
relatives also then respondent requested court to
dismissed the said divorce case then that time
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Hon’ble Court dismissed this divorce case on date
15/01/1982.
On date 20th June 1982 the respondent
looked for second marriage with Kumari “Meena” in
c/o. house of Vasant Paonikar, near Kala Maroti
Mandir, circule No. 11/16, Itwari, Nagpur-02.The
Daughter of Gopalrao Daulatrao Yadav in the
presence of petitioner, her parent, relatives and
Kumari Meeena’s maternal uncle, aunty and with
other people. That time Kumari Meena’s parent no
more thats why she is orphan girl.
Then respondent living with said house
with two wives his mother and unmarried younger
brother and sister. After one year respondent
performed the marriage of youner brother and sister
and his mother died on 09/08/2016. Then the
respondent lived happily with petitioner and sau.
Meena till 02/10/2019. During that period
respondent second wife sau.Meena gives birth to two
female child in year 1984, 1986 with named Bharti
and Aarti and petitioner also gives birth to single
female child in the year 1987 with named “Nutan”.
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The respondent have total three girls from
petitioner and second wife but the petitioner is not
taken care of any of them as well as respondent’s
mother, brother and sister due to untiftness of her
mind as well as worst behaviour. But the respondent
second wife sau. Meena in the front of line taken all
childhood care of Bharti, Aarti and Nutan, their
education. Marriage,maternity other duties also
without single complaint.
Then respondent married their all daughter
such as Bharti got married with Ajay Pawar in the
year 2004 in Nagpur and she have two childs. The
middle daughter Aarti got married with Ajay Mohite
in Nagpur in the year 2006 and she have two childs
and lastly petitioner single daughter Nutan got
married with Satish Nimbalkar in Nagpur in the year
2008 & she also have two childs.
The respondent second wife Meena
performed all duties of all three daughter including
petitioner daughter also without single complaint
because petitioner dues not able to do this due to
mental disorder & worst bahaviour.
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Then the petitioner father died in the year 2011
then petitioner mother Indira V. Chavan solds out her
husbnad’s Agriculture field of village Dhawalapur Ta.
Katol, Dist. Nagpur in that sold property petitioner
got her share money of Rs. 2,50,000/-(In words
rupees two lakhs fifty thousand only) but this
amount not handover towards respondent due to
mentalness of petitioner where as that amout taken
by Narayan V.Dhamode in his pocket till February
2019 and then this same amount of Rs. 2,50,000/-
handover to petitioner daughter Nutan at her home.
The respondent mentally tortured from
Narayan V. Dhamode from the year 1986 to till today
in various ways and financially cheated, he also
responsible for disturb and causing trouble in the
matrimonial life of respondent ,sau meena and all
three daughters as well as son-in-law of the
respondent. But Respondent bared and tolerates all
his unfair and illegal activities due to maintain
relationship in society.
The Narayan Dhamode and his wife taken
unfair advantages of petitioner due to her mental
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disorder. He and his wife always misguide petitioner
and turned her mind as per their conspiracy.
The petitioner left respondent house on
date 03/10/2019 without intimating anybody in the
house then respondent take enquiry about her then
after that respondent got information she stay and
live at maternal relative Rambhau Chavan for one
week then she shifted herself to house of Narayan
Dhamode and he detained her upto Feb. 2020 during
that period he kept her as like homemaid servant.
Then he handover petitioner to her real daughter
Nutan w/o Satish Nimbalkar at said address of
petitioner without permission of respondent.
Therefore, he did all these illegal activities for that
illegal activities of Narayan Dhamode respondent
issued & send the R.A.P.D. letter to him on date
15/06/2020 for requesting handover custody of
petitioner in his hand but Narayan Dhamode do not
the same as well as he did not give reply to this
letter and in opposite he lodged falsed police
complaint on 18/06/2020 at Hudkeshwar Police
Station with the help of petitioner, Nutan and Satish
Nimbalkar.
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Then on date 21/07/2020 Respondent,second
wife sau Meena, daughter Bharti & Aarti go to the
house of petitioner at her said address for her
handover custody but with all efforts all of them
they came back home with empty hand. That the
respondent aware about conspiracy of Narayan
Dhamode thereore, he issued legal notice to him and
petitioner at his address through his Advocate Shri
Sunil M. Dhote on date 23/07/2020 in this notice he
requested handover custody of his wife that is
petitioner with respect and harmony but he don’t give
reply to this notice as well as do not give custody of
petitioner.
Then after the petitioner filed this
maintenance suit in this court under the influence of
Narayan.V.Dhamode,Nutan & Satish Nimbalkar.
That the so far as maintenance is
concerned today the respondent got Rs. 15000/- as
family pension approx but he is B.P., Sugar patient
as well as his second wife sau. Meena also the patient
of B.P. and Vaat (Muscular pain) for that monthly
medical treatment he incurred lot of amount. He also
belives in “Sant Radhaswami” for that faith and Seva
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he arranging monthly Sant Sangh Darbar” and lastly
for foods, milk, glossary, electric bill, water bill,
cellphone expenses, LPG Gas, Housemaid charges,
conveyance charges ,house tax and for other house
maintenance he incurred all his monthly pension in
last month of day in his hand do not left “single
paisa” on his hand.
Whereas service retirement fund money and
bank deposit is concerned he performed the younger
sister & brother marriage child’s care, education,
marriage, maternity expenses , Barse (Naamkaran) of
grand daughters ,all nurture with medication & care
of mother including her funeral and made a house
shelter for family through housing loan amout. Then
all persons enjoyed his house without tenant.
Therefore, today the respondent bank A/c. is empty.
Therefore, there is no question of giving
maintenance to petitioner. That the respondent and
her second wife sau meena ready to living with
petitioner at entire life with hormony,peace loves
and respect forever.
Place : Respondent
Date : /02/2021
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Counsel for the respondent
SOLEMN AFFIRMATION
I, Shri Narsinghrao Shripatrao Ghorpade,
aged about 74 yrs., Occ.- Retired Senior citizen, R/o.
P.No. 148, Mahalaxmi Nagar No. 2, Manewada Road,
Nagpur-440024, do hereby take an oath and state on
solemn-affirmation that the contents of the above
mentioned para 1 to 16 have been drafted by my
Counsel as per my instructions & same are read
over & explained to me in vernacular language, after
having understood the same, I say that the above
contents are true and correct to the best of my
personal knowledge and belief. Hence verified and
signed on this day of Feburary, 2021 at Nagpur.
DEPONENT
I know and identify the deponent
(Adv. Sunil M. Dhote)