Criminal Misc.

Application 1414/2017

BEFORE THE HONOURABLE FAMILY COURT AT VADODARA

Applicant: 1. Sushma, Alises Hemangini Patil

2. Mahi (Minor)
Vs.
Respondent: Vinod Bhadane

COMBINE REPLY TO INTERIM APPLICATION AND PETITION FOR MAINTENANCE

UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE

The Opponent herein most humbly submits as under:-

1. That petition and application filed for reliefs under Code of Criminal Procedure
are absolutely, false, frivolous and vexatious and in fact Applicant has no right,
reason or cause to file applications of present nature.

2. That entire application as filed by Applicant is in entirety bogus, illegal, false as

equally fraudulent and not maintainable at all. That entire application as filed
by the Applicant is misconceived and is on face of it is in complete violation of
express provisions and settled position of law regulating the bogus allegations
and the subject matter of the same. That entire application is not at all
maintainable because it is ex-facie against the law if not truth.

3. That Applicant has deliberately and knowingly made false and fabricated
allegations while also she had resorted to foundational misrepresentation out
of clear malafide to play fraud with this Honorable Court and pure process of
Equity by suppressing the material facts which are required to be stated before
this Hon’ble court for obtaining the reliefs under present application.
4. That entire petition and application are a serious fraud with this Hon’ble Court
as most material and cardinal facts straight way affecting any alleged
entitlement or need to have maintenance have suppressed. Thus, fraud and
falsehood are pollutants which are misused by applicant having spoiled purity
of fountain source of equity requiring dismissal of entire petition and application
both in limine in toto.
5. The opponent herein humbly submits that Applicant has no right, reason or
cause to file petition and application of present nature and seek any of single
relief in the present application as filed by Applicant.

6. That Applicant no. 1 has deliberately and knowingly made false and fabricated
allegations while also she has resorted to foundational misrepresentation out of
clear malafide to play fraud with this Honorable Court and pure process of
Equity. The opponent herein craves leave to reserve right to point out such
dishonest and false allegations being resorted to by the Applicant which
confirms that the Applicant no. 1 has come with the dirty head and heart which
requires the exercise of jurisdiction in Equity and thereby the bogus petition
and application under reply both are required to be dismissed in limine in toto.

7. That the Opponent herein most humbly submits before this Hon’ble Court that
allegations as contained in application under reply are denied in limine and all
the allegations except specifically admitted may kindly be considered and
treated to be denied in limine.

8. The opponent herein submits following preliminary facts which are capable to
show that applicants are not entitled to any relief of maintenance from the
opponent husband and Applicant No. 1 is fact earning from her occupation and
therefore she is capable herself to maintain herself from her income :-
a. It is most humbly submitted that applicant no.1 herein is qualified graduate
and holding bachelor’s degree in Commerce and it is stated that she was
working in ______ hospital in Vadodara as ________________ before
solemnization of marriage with the Opponent herein.

b. It is submitted Applicant No. 1 herself withdrew from the matrimonial home

without any proper cause or a sufficient reason after her Grandmother left the
earthly world in the month of July 2014 (Confirm this). It is submitted that
Opponent’s mother, Aunt and other relatives of Opponent attended “Besana”
and after completion of “Besana” Opponent’s mother asked her to come back
to Fofade i.e. at matrimonial home. However, Applicant No. 1 showed her
displeasure and told opponent’s mother that she does not like to live in village
like Fofade / Phophade she likes to live in City like Vadodara and she’s used
to life style of City and told Opponent’s mother to send her son i.e. Opponent
 herein to Vadodara so that he can find job and start living here in Vadodara
with her. It is submitted that Opponent’s mother requested Applicant no. 1
very many times and also the relatives of Applicant No. 1 persuaded her to
return to matrimonial home at Fofade / Phophade however she was reluctant
to do so. Therefore, after seeing Applicant No. 1’s obstinate behavior
Opponent’s mother, Aunt and other relatives came back to Village Fofade /
Phophade.

c. It is humbly submitted that Opponent and his family is very devoted to God
and therefore does follow every traditional festivals which are being followed
by Marathi Community in general. It is submitted that in month of August
2014, “Puja” was scheduled at the Opponent’s house in village Fofade for
taking blessings from Goddess “Kanbai” and for that Opponent came to
Vadodara to meet and persuade / convince the Applicant No. 1 to return to
Village Fofade for attend the occasion as newly wedded daughter in law of the
family and also requested Applicant no. 1 as being wife she should return to
her matrimonial home at Village Fofade and start living with him there. It is
submitted that somehow Opponent herein was able to convince her to return
to Village Fofade to attend “Puja”. However, after returning to matrimonial
home she told Opponent and his family members that she does not believe in
such type of religious occasions and disrespected Opponent and his family
members very many times by spitting disrespectful words there by her actions
and “Puja” of Goddess “Kanbai” didn’t happened and she again started
insisting opponent that he should start living in Vadodara where he can work
in some private company and she also said that she will again start working
in some hospital as nurse. It is submitted that due to constant annoyance of
the Applicant No.1 about moving to Vadodara Opponent informed the same
to Mother and Father of the Applicant No. 1 and told them to make her
understand that moving to Vadodara to earn livelihood is not possible and also
told her that after marriage girl is require to stay at her matrimonial home
only however all efforts done by Applicant’s mother left in vain and Applicant
did not understood the situation by her mother and due to that Applicant’s
mother took her to Vadodara.
d. It is submitted that on very many occasions Opponent herein told and tried to made
applicant understand that his mother and father are of old age and Opponent
helps his father in cultivation of land held by Opponent’s father and they by
Opponent and his father earns the livelihood and there is no other source of
income and therefore he cannot leave his family.
e. It is further submitted that after long try of Applicant’s family members and opponent
and opponent’s family member in the month of September 2014, Applicant started
living with opponent at village Fofade. It is submitted that due to cohabitation with
Opponent applicant herein became pregnant from the Opponent. It is not out of place
here to mentioned in the same month there was occasion of “ghat sthapna” a
religious function held at Opponent’s house in fofade at that time applicant without
any reason created ruckus and told opponent in Marathi that “Shiklela ahe tari pan
baila sarkha kaam karto” which loosely translates into “even though you’re
qualified in studies still you work like an Ox” and also said repulsive things to
the parents of the Opponent and gave warning to opponent and his family members
that she wants to go Vadodara at this very moment and if she is not been taken to
Vadodara she will do something herself and will send all of them into jail. It is
submitted that by seeing her this kind of behavior and hearing her threatening words
Opponent and his family decided to take her to Vadodara to her family’s house.

f. It is submitted that since then she is living at Vadodara with her family