IN THE HON'BLE COURT OF SH PRITAM SINGH, FAMILY COURT
(SOUTH) SAKET COURTS, NEW DELHI
HMA No. 1447/2022
IN THE MATTER OF:
ANU RANI ……......PETITIONER
VERSUS
RAM UJAGIR YADAV .………RESPONDENT
REPLY OF APPLICATION ON BEHALF OF RESPONDENT UNDER
SECTION 26 OF HINDU MARRIAGE ACT, 1955 SEEKING TEMPORARY
CUSTODY/ VISITATION RIGHTS OF MINOR CHILD DURING SUMMER
VACATION.
MOST RESPECTFULLY SHOWETH:
PRELIMINARY OBJECTIONS: -
1. That the present application filed by the petitioner under
Section 26 of the Hindu Marriage Act, 1955 is not
maintainable in law or on facts. It is submitted that in the
main petition/complaint filed by the petitioner, there is no
prayer or claim made regarding the custody or maintenance
of the minor child. The petitioner, at no prior stage, has
sought custody, visitation rights, or maintenance, and hence,
the filing of the present application at this stage appears to
be an afterthought and an abuse of the process of law.
2. That the petitioner has failed to demonstrate any compelling
or exceptional circumstances which would justify granting
temporary custody or visitation rights during the summer
vacation. The application lacks bona fides and has been filed
with ulterior motives to cause mental harassment to the
respondent and to exert undue pressure upon him.
3. That the best interest and welfare of the minor child must
remain paramount in any custody or visitation matter. It is
submitted that the petitioner has not maintained any regular
contact with the minor child and has failed to take any steps
that would demonstrate her genuine concern for the child’s
emotional and physical well-being. Moreover, the child is not
willing to meet the petitioner, and any forced visitation may
cause emotional distress to the child.
4. That the respondent has serious apprehensions regarding
the intentions of the petitioner, including the possibility that
the petitioner may attempt to influence or alienate the child,
or not return her after the visitation period. Such an outcome
would be contrary to the welfare of the child and would
destabilize her present secure and nurturing environment
PARAWISE REPLY
1. That the contents of paragraph no.1 of the application are
not disputed. It is submitted that the present matter pertains
to a matrimonial dispute between the parties and is pending
adjudication before this Hon’ble Court.
2. That the contents of paragraph no.2 are admitted to the
extent that the marriage between the parties was
solemnized on 02.12.2009 and out of the said wedlock, a
female child namely Hitakshi Yadav was born on 02.02.2015.
3. That the contents of paragraph no.3 are partly admitted.
While it is true that the petitioner is the biological mother of
the child, the Respondent strongly denies the claim that she
is deeply attached and emotionally bonded with the child. If
the petitioner was genuinely concerned for the child’s
welfare, she would not have abandoned her or left her
behind during the course of separation.
4. That the contents of paragraph no.4 are admitted to the
extent that the child is studying in Class IV in a school in
New Delhi.
5. That the contents of paragraph no.5 regarding summer
vacations being scheduled from 20th May to 31st June 2025
are admitted.
6. That the contents of paragraph no.6 are denied. The
Respondent has serious and well-founded apprehensions
that the petitioner may manipulate, indoctrinate, or
influence the minor child in a manner detrimental to her
welfare. It is further submitted that the child herself has
expressed unwillingness to meet the petitioner or her
relatives. This may be verified by interacting with the child
or through an independent child counselor.
7. That the contents of paragraph no.7 are denied. The
Respondent is apprehensive that if temporary custody is
granted, the petitioner may abscond with the child or may
not return the child, thereby causing irreparable harm to the
Respondent and depriving the child of stability. The
Respondent firmly believes that the petitioner is using these
tactics to harass him and extract undue financial benefits
under the guise of visitation.
8. That the contents of paragraph no.8 (misnumbered as para
6) are denied. The Respondent does not rely on the
petitioner’s assurance regarding the safe return of the child
and does not believe that the petitioner would act in the best
interest of the child.
PRAYER
In view of the foregoing facts and circumstances, it is most
respectfully prayed that this Hon’ble Court may graciously be
pleased to:
a) Dismiss the application filed by the petitioner seeking
temporary custody/visitation rights of the minor child Hitakshi
Yadav from 7th June to 20th June 2025;
b) Pass any other or further order(s) which this Hon’ble Court may
deem fit and proper in the interest of justice and the welfare of
the minor child.
Dated: 14.05.2025
Place: New Delhi
PETITIONER
Through Counsel
MANISHA SHARMA
Mob: 9540118811
IN THE HON'BLE COURT OF SH PRITAM SINGH, FAMILY COURT
(SOUTH)
SAKET COURTS, NEW DELHI
HMA No. 1447/2022
IN THE MATTER OF:
ANU RANI ………….... Petitioner
VERSUS
RAM UJAGIR YADAV ……………Respondent
AFFIDAVIT
I, Ram Ujagar Yadav, S/o Shri Mithai Lal Yadav R/o. House No.625,
U/G/F. A-1, Khasra No.625, Flat No. A-1, Devli, South Delhi 110080,
do hereby solemnly affirm and declare as under:-
1. That I am the Respondent in the above noted case and am well
conversant with the facts and circumstances of the case, as such
am fully competent to swear the present affidavit.
2. That the accompanying written reply under Section 26 of Hindu
Marriage Act, 1955 has been drafted by my counsel under my
instructions and directions and the contents of the same have
been explained to me in vernacular which are true and correct to
my knowledge.
3. The contents of the same may kindly be read as part and
parcel of the present affidavit which are not being reproduced
here for sake of brevity and convenience.
DEPONENT
VERIFICATION:
I the above-named deponent do hereby state on solemn
affirmation that the contents of my above affidavit are true and
correct to the best of my knowledge and belief and nothing
material has been concealed therefrom. Verified at New Delhi on
this ……… day of May 2025.
DEPONENT
