RAJEEV PRATAP SINGH (ADVOCATE)
CHAMBER NO: E-212,
N2D FLOOR, LAWYER
S' CHAMBER, KARKARDOOMA COURTS,
DELHI: 110032
M: 9910737518
[email protected]SUB:REPLY TO THE LEGAL NOTICE FOR RESTITUTION OF
CONJUGAL RIGHTS DATED ________ SENT BY YOU ON
BEHALF OF YOUR CLIENT Luv Thakur.
KAMAKSHI JOSHI, W/O SH.
Under instruction from and on behalf of my client
LUV THAKUR, D/O SH. BHUVAN JOSHI, Residing at H.NO.143-C,
POCKET A-3, MAYUR VIHAR, PHASE-3, DELHI-110096, which was
sent by you on behalf of your client LOV THAKUR,
S/O SH. RADHEY SHYAM SINGH, R/O B-55, GALI NO.11, 3RD
FLOOR, BLOCK-B, GAMRI EXTENSION, BHAJANPURA, DELHI-
110053, with the instructions to give its reply
as under:
At the outset it is submitted that your client
has not stated true facts before you and
hence the notice under reply is absolutely
unwarranted, misleading, without any basis
and un-tenable as the same is based on
incorrect and distorted facts.
TRUE FACTS ARE AS UNDER:
1- That the marriage between the my client and the
Respondent was a love cum arranged marriage and the
marriage of my client was solemnized with the respondent on
05.11.2022 in accordance with Hindu Rites and Ceremonies in the
presence of friends, relatives and family members of both the parties, at, Delhi. It is
submitted that the marriage of my client was solemnized as per
the wishes of the respondent and the family members of the
respondent who imposes unreasonable demands from the
parents of my client.
2- That the Respondent has committed the adultery as well as
Respondent has treated my client with cruelty by his various
acts, which have created a grave apprehension in the mind of
my client that it is harmful and injurious to live with the
Respondent-husband, as more particularly set out hereinafter.
3-That after joining her matrimonial home, my client gave full
love and respect to the respondent and her in-laws and
performed all her marital obligations towards them being
devoted and faithful Hindu wife and never gave any chance to
them to make any complaint against her. It is worthwhile to
mention here that after marriage when my client first time
entered into the matrimonial house, the mother in law of my
client didn’t behave with my client in appropriate manner; she
started taunting and torturing my client for not bringing car in
dowry.
4-After that when my client went to her parental home for Pag-
Phera where she mentioned the whole incident to her mother
but as an emotional mother she advised my client to adjust in
her matrimonial home and assured her that everything will be
alright one day.
5-That after someday the respondent came to parental house of
my client and he took my client along with him to the
matrimonial house and they lived happily for few days but after
sometime the mother in law of my client again harassed and
tortured my client for petty matters. The attitude of the
respondent is short tempered and aggressive in nature person
and used to quarrel with my client on petty matters and also
beaten my client on various occasions and whenever my client
asked the respondent for household expenses as well as for her
personal expenses, the respondent suggested her to take
money from her parents instead of him and due to the said
reason my client is forced to asked money from her parents for
her personal expenses.
6-That it is submitted that since my client joined the company
of respondent he started abuse, insult and humiliated my client
and her family members on many occasions over petty things
and also create scene when any relative/ friend tried to visit the
house of my client.
7-That it is submitted that the behaviour of the respondent was
non-cooperative, quarrelsome and harsh towards my client and
her family members. However, my client always treated the
respondent with utmost love and affection and performs all
marital obligations towards the respondent and always
provided all necessities of life as per her resources as both the
parties loved each other before the marriage and due to the
request of my client the father of my client agreed to the
marriage of my client and respondent. It is pertinent to mention
here that in the month of January, 2023, my client received a
call from an unknown number i.e. +91 9310354467 and came
to know about the illicit relation of the respondent, the caller
told her name Eleena Ansari and apprised her relation with the
respondent to my client by saying that “Tumhara pati
chahta kya hai usne mujhe bhi girl-friend bana rakha hai
aur tumhe biwi, mujhe kehta hai ki jaldi hi divorce le
lega tumse”,and for the proof she had shown some of the
photographs. It is further pertinent to mention here that she
also told my client about the earlier marriage of the respondent
which is not known to my client and when my client enquired
about the first marriage of respondent, the respondent started
abusing my client with filthy language and warn my client to
stay out his personal matter/life. Moreover, the family
members of my client also have shown proper love and respect
to the respondent, even after knowing the illicit relationship of
the respondent with other women namely Eleena Ansari, but
the behaviour of the respondent was not good towards my
client and her family members. Copy of the first marriage
divorce document is enclosed herewith.
8-That the mother-in-law of the Petitioner always abused the
Petitioner for petty matters. The mother-in-law had several
times beaten the Petitioner mercilessly and when the Petitioner
objected for their action, they used to say in anger that “hum
tere ko sudhar ke rahenge aur tujhe isi tarah yahi marna hoga”
and when the respondent returned to the house in the evening,
the Petitioner apprised the entire story which was happened to
her and on that the respondent stated that “mujhe mere ghar
walo ke khilaaf mat badhkao, jaise meri maa kahe waisa hi
karna hoga” and abused the Petitioner in filthy language.
9-That it is pertinent to mention here that after the several
incident the mother-in-law of the Petitioner did not allow the
Petitioner to talk with her family members over in the calls and
ordered the respondent for take care of her words that the
Petitioner could not be talk with her family members except for
asking money from the father of the petitioner.
10- That when the respondent
came to know that the Petitioner has informed complete cruelty
committed against her by the respondent and his family
members, on that pretext that the mother-in-law got angry and
started beating the Petitioner along with respondent and was
forced to do all household chores and sometimes was not
provided even the meals.
11- That in March, 2023, the
respondent and his family members went above and beyond
the law and forced the Petitioner to bring Rs. 5 lakh. When the
Petitioner showed that her parents could not meet the demand,
the respondent tried to burn the Petitioner by pouring kerosene
oil on her. However, the Petitioner saved herself by locking
herself in the room.
12- That even after, all the above incidents, the parents of the
Petitioner wanted to save her matrimonial life and made all the
efforts in this regard. But all their efforts for an amicable
settlement seemed useless because of the non-cooperative
attitude of the Respondent. The Petitioner had suffered brutal
physical abuse at the hands of the Respondent and his family
members; still she was being treated at home under societal
pressure.
13- That after all the circumstances the father of the petitioner
was requested to give Rs.5 Lakh to the petitioner, however the
father of the petitioner deposited Rs.2.5 lakh in the account of
respondent and Rs.2.5 lakh in the account of petitioner and
thereafter the respondent forced the petitioner to transfer
Rs.2.5 lakh in his account which is given by the father of the
petitioner for her.
14- That the mother of the respondent made unconditional
circumstances and pressurized the Petitioner to leave the
matrimonial house, it is worthwhile to mention here that on
03.10.2023 the respondent called the father of the Petitioner
and asked him to take the Petitioner forever without any reason
and on that pretext the father of the Petitioner visited the
matrimonial house of Petitioner on the very same day and tried
to make the respondent understand and also requested to keep
the Petitioner happily at the matrimonial house but they are
adamant to threw the Petitioner from the matrimonial house,
therefore the father of the Petitioner took away the Petitioner
from her matrimonial house in her worn cloths. It is pertinent to
mention here that the petitioner was pregnant at the time of
leaving the matrimonial house and she did abortion on
09.10.2023 due to the cruel taunt of the respondent that the
petitioner has a questionable character.
15- The entire notice and its contents under
reply are denied in toto.
REPLY ON MERITS:
1. That the contents of para No.1 of the
notice are wrong and denied in except the
fact that your client is residing at the
address mentioned in your legal notice.
2. That the contents of para No.2 of the
notice are wrong and denied except the fact
that the marriage was solemnized between
your client and my client on 05.11.2022
according to Hindu rites and ceremonies. It
is denied that it was a simple Marriage
which was performed in very simple manner
without any kind of dowry.
3. That the contents of para No.3 of the
notice are wrong and denied except the fact
that after the marriage, you started
residing with my client and his other
family members at the aforesaid address.
However, no child was born out of the said
wedlock. It is pertinent to mention here that the
petitioner was pregnant at the time of leaving the
matrimonial house i.e. on 03.10.2023 and she did abortion
on 09.10.2023 due to the cruel taunt of your client that my
client has a questionable character.
4. That the contents of para No.4 of the
notice are wrong and denied in toto. It is
specifically denied that your client and
his family members treated my client with
great love and affection since very
beginning of the marriage and at no point
of time my client and his family members
given any chance to you the addressee of
any grievance and provided you al the basic
necessities of the life. The true facts of
the case may be read as part and parcel for
the para under reply.
5. That the contents of para No.5 of the
notice are wrong and denied in toto. It is
strongly denied that behavior and attitude
of my client was not good towards your
client and his family members as my client
was a quarrelsome lady, and used to quarrel
with my client en petty issues and
sometimes without any rhyme and reason.
6. That the contents of para No.6 of the
notice are wrong and denied in toto. It is
strongly denied that parents of my client
always interfere in the married life of
your client as they always instigate my
client against your client and threatened
to implicate your client and his family
members in false criminal cases and to
defame them in the society.
7. That the contents of para No.7 of the
notice are wrong and denied in toto. It is
strongly denied that my client always
pressurized your client to purchase
property in her name and reside with my
client separately and leave his parents.
8. That the contents of para No.8 of the
notice are wrong and denied in toto. It is
strongly denied that on 02.04.2023, my
client started quarreling and abusing your
client and his family members on the issue
of preparing food and she called her father
at the home, who came at the home and
Started abusing, misbehaving and quarreling
with your client and his family members.
However, my client anyhow managed the
situation at that time.
9. That the contents of para No.9 of the
notice are wrong and denied in toto. It is
strongly denied that your client always my
tolerated al the cruel acts of you the
addressee ni order to save his married
life, but you the addressee did not change
your behavior.
10. That the contents of para No.10 of the
notice are wrong and denied in toto. It is
strongly denied that on 03.10.2023, in the
absence of your client, my client went to
her parental home without informing your
client and also took jewelry (given by your
client and his family members), valuables,
costly clothes etc. and since then my
client have been residing at her parental
home and at present, she is pregnant for
about 6 months. It is submitted that the
mother of the respondent made unconditional
circumstances and pressurised the my client to leave the
matrimonial house, it is worthwhile to mention here that on
03.10.2023 your client called the father of my client and
asked him to take my client forever without any reason
and on that pretext the father of my client visited the
matrimonial house of my client on the very same day and
tried to make the your client understand and also
requested to keep my client happily at the matrimonial
house but they are adamant to threw my client from the
matrimonial house, therefore the father of my client took
her away from her matrimonial house in her worn cloths. It
is further submitted that my client was pregnant at the
time of leaving the matrimonial house and she did abortion
on 09.10.2023 due to the cruel taunt of your client that my
client has a questionable character. It is further submitted
that all the stridhan, jewelries and costly articles received
from the parents of my client, relatives and relatives of
your client at the time of marriage is in custody of your
client only.
11. That the contents of para No.11 of the
notice are wrong and denied in toto. It is
strongly denied that whenever, your client
and his family members tried to take my
client back and requested her father to
send her back, but my client parents always
misbehaved with your client and his family
members and threatened to face dire
consequences. It is further denied that
Even my client parents without any rhyme
and reason refused to send her with your
client and further father of my client
threatened your client not to come at their
home, otherwise your client will have to
face dire consequences.
12. That the contents of para No.12 of the
notice are wrong and denied in toto.
In view of the above, I do hope that your good
self shall advise your client properly and
shall dissuade him from taking any frivolous
and illegal action against my client and kindly
advise your client to withdraw the present
notice with written apology. However, if your
client files any frivolous case/complaint in
any court of law or before any authority, my
client shall contest the same by her tooth and
nails and in that event your client shall have
all the responsibilities to face all the cost
and consequences. Also advise your client to
execute the Divorce Deed and papers etc. dissolving this marriage immediately within a period of 15
days from the date of receipt of this legal notice, failing which my client shall constrained to file
appropriate proceedings against you in the court of law and in that event you shall be responsible
Your client
for all costs, risks and responsibilities which you please note well.
also liable to pay Rs.22000/- to my client as
charges of this reply to your notice.
Copy kept in my office for further reference.
Yours sincerely
INDRA CHARAN TUDU
ADVOCATE
