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Respondent's Statement in Nagpur Maintenance Case

This document contains the written statement of the respondent for a case regarding maintenance filed under Section 125 of the Criminal Procedure Code. The respondent denies several allegations made by the petitioner. He claims that he married the petitioner under deceitful circumstances as she had a mental disorder and was unfit to perform household duties. He took her for treatment but she remained incurable. With permission from her family, he took a second wife in 1982 to have children. The petitioner's family is now supporting the other party in disturbing his family life. He denies owing any maintenance to the petitioner.

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0% found this document useful (0 votes)
118 views13 pages

Respondent's Statement in Nagpur Maintenance Case

This document contains the written statement of the respondent for a case regarding maintenance filed under Section 125 of the Criminal Procedure Code. The respondent denies several allegations made by the petitioner. He claims that he married the petitioner under deceitful circumstances as she had a mental disorder and was unfit to perform household duties. He took her for treatment but she remained incurable. With permission from her family, he took a second wife in 1982 to have children. The petitioner's family is now supporting the other party in disturbing his family life. He denies owing any maintenance to the petitioner.

Uploaded by

Amol Baban Rao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1

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


2

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.


3

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


4

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.


5

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


6

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


7

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”.


8

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.


9

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


10

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.
11

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


12

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
13

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)

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