IN THE COURT OF SH. DHARMESH SHARMA, LD. PRINCIPAL JUDGE, FAMILY COURT, (CENTRAL) TIS HAZARI COURTS, DELHI
MT No.XXXXXXX/2016
IN THE MATTER OF:
Sh. Boy name
S/o. Sh. Boy's father name R/o. Boy residence address … Applicant/
respondent
VERSUS
Smt. Girl name W/o. Sh boy name D/o. Sh. Girl's father name
R/o. Girl residence address … Non Applicant/ Petitioner
D.O.H.
APPLICATION UNDER SECTION 151/152 CPC FOR
MODIFICATION/REVOCATION OF ORDER DATED 25.10.2016
ON BEHALF OF APPLICANT/RESPONDENT
MOST RESPECTFULLY SHOWETH:
1. That the above noted case is pending
trial/disposal before this Hon'ble Court and
same is fixed for 31.07.2017 for argument
on interim maintenance.
2. That on 25.10.2016, this Hon'ble Court has
passed an ad-interim order on the basis of
material on record at the time of passing
of the order and the record produced by the
complainant/non applicant was totally
bundle of lie and due to which this Hon'ble
Court passed an ad-interim order. However,
the applicant inquired about the working of
complainant/non applicant and found that she
is working in a HBL Global Pvt. Ltd. The
appointment letter from the above mentioned
company is attached herewith, which is truly
certified by civil judge(sr. Division)
Panipat for the kind perusal of the case
BRIEF FACTS OF THE CASE
1. That the marriage of applicant was solemnized
with the complainant/non applicant on
06.05.2013 as per Hindu rites and ceremonies.
The marriage was solemnized in a simple
manner in All Heavens Hotel, Delhi
2. That it is pertinent to mention here that the
marriage of the applicant with the complainant/non applicant was performed in a
normal way without any dowry articles as
there was no demand from the side of the
applicant and his family members from
complainant/non applicant and her family
members at the time of finalization of their
alliance at the time of marriage or after
their marriage. The applicant and his family
members wished to make it simple affair by
not putting undue financial burden upon the
complainant/non applicant. Hence, there was
no demand of any kind from the applicant or
his family members in the said marriage.
Nothing was demanded by the applicant and his
family members in the said marriage and
nothing was entrusted by complainant/non
applicant and her family member to the
applicant or his family members. However,
there were exchanges of some gifts between
both the families as per the Hindu tradition
that as stated supra marriage of the
applicant with complainant/non applicant was
solemnized on 06.05.2013.
3. That as stated supra complainant/non
applicant started residing with the applicant
and his parents after their marriage.
However, inspite of giving every type of love
and affection by the applicant and his family
members to the complainant/non applicant, her
behavior was not upto the mark. The
complainant/non applicant was short tempered
and she used to create scene on petty matter
without any reason.
4. That it is pertinent to mention here that
most of the time the complainant/non
applicant was not mixing up with the
applicant and his parents, the reason best
known to her. On the other hand she was not
doing any household work and the it became
the sole duty of the mother of the applicant
and moreover there was maid in the house. The
applicant and his parents was taking full
care of complainant/non applicant so that she
should be comfortable while staying with
them. But on the other hand, the
complainant/non applicant used to talk to her
mother and maternal uncle very often even about petty matters. There was excessive
interference of the mother of the
complainant/non applicant in her day to day
life and she made false accusation against
the applicant and his parents. Because of the
excessive interference of the mother of the
complainant/non applicant, she used to
threatened the applicant and his parents.
5. That as stated Supra on the other hand there
was so much interference in the matrimonial
life of the complainant/non applicant from
her mother and maternal uncle. It is also
pertinent to mention here that after the
marriage the complainant/non applicant
started saying to applicant for separate
accommodation.
6. That ultimately, in September, 2014 the
applicant at the asking of complainant/non
applicant shifted from his parents in a
rented accommodation.
7. That suddenly on 28.12.2014 the
complainant/non applicant left the house of
the applicant of her own wish without any
sufficient cause and also without disclosing the applicant that she went to her parental
house at Delhi. The applicant was surprised
when he came back to the tenanted premises
where both of them were residing that she had
already taken number of valuable articles as
those were missing from the tenanted house.
Thereafter, applicant tried his level best to
contact the complainant/non applicant and he
also tried to contact her parents
telephonically but he failed. The same was
happened on 28.3.15 that the applicant
contacted to mother of complainant/non
applicant to know about her but her mother
neither told anything nor given any
satisfactory answer and further she started
using abusive language on mobile to the
applicant, whereas the applicant was very
happy because after all efforts by him, his
wife came back after e months on 1.04.15.
However she came alone without any valuable
articles which she had already taken while
leaving the rented accommodation of
applicant/ respondent on 28.12.2014. After
coming back to house of applicant/respondent, complainant/ non applicant
failed to give satisfactory reply about her
absence from the house of applicant for about
3 months and she also told that she had left
her all the valuable articles in her parental
house, Delhi. Whereas applicant again
accepted his wife with love, affection and
respect.
8. That the complaint/non-applicant is
quarrelsome and hot tempered lady and started
quarrels with applicant on dated 13.04.2015
by saying that she will not stay with
applicant because she does not like the
applicant and her marriage was a result of
pressure. That the complainant/non applicant
resided till 14.04.2015 with the applicant in
the rented accommodation . It is pertinent to
mention here that when the parties started
residing separately i.e. w.e.f. September,
2014 till the leaving of the company of the
applicant, there was no interference from the
parents of the applicant. On the other hand
as stated supra there was excessive interference of the family members of the
complainant/non applicant.
9. That on 14.04.2015, suddenly, the
complainant/non applicant again left the
house of the applicant without disclosing
anhthing to the applicant. The applicant on
14.04.2015 went for his work at 10.00 AM and
he contacted the complainant/non applicant on
her mobile at 2.00 PM and she told the
applicant in a very clear words that she is
not entrusted in residing with him.
Thereafter, when he came back to his house he
found the house was lying locked. The
applicant again tried to contact her to
mobile but she did not pick up the phone.
Thereafter, the applicant tried to trace her
in the locality but could not found her
anywhere. However, the applicant received a
message from the complainant/non applicant
that she is going to her parental house in
Delhi. Thereafter, applicant inform the
police station YYZ place about the leaving
of the house of the complainant/non applicant
as she left him and he was apprehending that the complainant/non applicant can level false
allegation against him as earlier also she
leveled false and frivolous allegation
against the applicant on the basis of the
said complaint DDR was also recorded by the
police station XYZ place on 14.04.2015.
The said complaint was duly investigated by
the police and police also contacted parents
of the complainant/non applicant and her
father disclosed that the complainant/non
applicant is with him in panipat and he is
taking her to Delhi. Thereafter, police also
contacted the complainant/non applicant on
her mobile and she also told that she is going
with her parents to Delhi.
10. That the complainant/non applicant invented
a unique device as she approach the ACP (CAW
Cell) Subzi Mandi, New Delhi and filed false
and frivolous complaint against the applicant
and his parents. The said complaint which was
filed with an ulterior motive and infact,
there is no iota of truth in the said
complaint and the said complaint consist of
false and frivolous allegation fully knowing well that at no point of time ever the
complainant/non applicant was torture or
there was no any dowry demand from the
applicant or his parents. In fact, the
complainant/non applicant left the
matrimonial home on her own and without any
sufficient cause and reason fully knowing
well that when she left the company of the
applicant, both were staying separately for
more than 8 months from the parents of the
applicant, but she has also leveled very
serious allegations even against the parents
of the applicant.
11. That the complainant/non applicant has also
filed a false and frivolous petition under
section 125 Cr. P.C. and her sole motive is
to harass and humiliate the applicant and she
has been multiplying the litigation by
misusing the favorable laws thereby involving
the applicant and his parents.
12. That at the time of filing of the petition
U/s. 125 Cr. P.C. the complainant/non
applicant has filed her detailed affidavit
with the petition U/s.125 Cr. P.C.
13. That in Para no.24 of petition U/s. 125 Cr.
P.C., of the complainant/non applicant, the
complainant/non applicant has mentioned that
“The petitioner is a house wife and she has
no source of income from any corner and not
only this, she has no any movable or
immoveable property in her name. In these
circumstances, the petitioner is not able to
maintain herself”.
14. That according to the complainant/non
applicant as per her para No.24 of her
petition U/s. 125 Cr. P.C. filed before this
Hon'ble Court, the complainant/non applicant
is a house wife and earn nothing to maintain
herself.
15. That under the above said facts and
circumstances, it is apparent that the
complainant/non applicant has committed
offence punishable under Indian Penal Code in
relation to proceedings before this Hon'ble
Court and in respect above mentioned false
information given by the complainant/non
applicant by way of petition U/s. 125 Cr.
P.C. in proceeding before this Hon'ble Court.
Hence, need prosecution of the aforesaid
respondent complainant/non applicant before
the competent court of law, having
jurisdiction.
16. That it is pertinent to mention here that the
complainant/non applicant is working in HBL
Global Pvt. Ltd. The certified copy of
appointment letter, salary account opening
form of HDFC Bank. Copy of account statement
of HDFC bank showing salaried income are
annexed herewith.
17. That it is pertinent to mention here that the
complainant/ non-applicant is living in high
life style as she owns four bank accounts in
following banks:-
(i) HDFC bank (salaried account, Account
opening form attached)
(ii) ICICI bank (statement attached)
(iii) CANARA bank (passbook copy attached)
(iv) PNB bank (Account opening form
attached)
18. That due to wrong information and
misrepresentation in the Hon'ble Court by the
complainant/non applicant, this Hon'ble Court has passed an order dated 25.10.2016
for ad-interim maintenance in favour of the
complainant/non applicant, which needs to be
modify.
PRAYER
It is, therefore, most respectfully prayed
that this Hon'ble Court may kindly be pleased to
modify/revoke the order dated 25.10.2016 and
dismiss the petition of the complainant/non
applicant, containing the facts in view and in the
interest of justice.
Prayed accordingly.
DELHI
DATED:31.07.2017 APPLICANT/RESPONDENT
THROUGH
ADVOCATE
TIS HAZARI COURT DELHI
