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BEFORE THE HON’BLE I ADDL. PRINCIPAL JUDGE,

FAMILY COURT, AT BANGALORE

O.S.No:151 /2020

BETWEEN:

Syed Saleem …Plaintiff

AND

Zakiya Khanum …Defendant

WRITTEN STATEMENT AND OBJECTION OF THE

DEFENDANT TO THE MAIN PETITION FILED UNDER
ORDER VII RULE 1, READ WITH SECTION 26 OF THE
CODE OF CIVIL PROCEDURE

The defendant denies the plaint averments except other than those
which are expressly admitted here in.

1. The defendant submits that at the outset the above suit is not
maintainable either in law or on facts and circumstances of the case.

2. The defendant further submits that, the suit of the petitioner is

misconceived and has no cause of action, hence deserves to be
dismissed in limine, along with costs.

3. The defendant further submits that, it is admitted that the

marriage between the plaintiff and the defendant was an arranged
marriage and their marriage was solemnized on 29/08/2013 as per the
Muslim rites and customs at Adam’s House, No.48, Bangalore – 560
005 and that out of the said wedlock they have two children namely
Afsha Anjum (Daughter) born on _____ and Syed Mahir ( Son ) born
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on _______. The rest of the averments made in para 1 of the plaint is

hereby denied and the plaintiff is put to strict proof of the same.

4. The defendant further submits that, the averments made in para

no.2,3,4,5,6 and 7 of the plaint is stoutly denied and the plaintiff is put
to strict proof of the same. The defendant never ill-treated the plaintiff.
Contrary to that soon after their the plaintiff started insulting the
defendant often for one or the other silly reasons which caused a lot of
mental torture and agony to the defendant, even the parents of the
plaintiff supported him in such acts. Further the plaintiff and his
parents were in a habit of summoning the parents of the defendant to
take their daughter back to their home and the plaintiff and his parents
would say that they are fed up of the defendant for no reason. These
acts of the plaintiff and his parents continued for months after their
marriage, the plaintiff would act according to his whims and fancies
and would send the defendant to her parents house and whenever he
felt right he would call her back to the matrimonial home.

5. The defendant further submits that, meanwhile the defendant got

pregnant and during her pregnancy time also the plaintiff would
complain about her to his parents for one or the other reason, the
parents of the plaintiff would join the plaintiff and verbally abuse her,
scold and mentally torture her and expect her to do all the household
works even after fully being aware of the fact that she is pregnant and
treat her like a servant and not like a wife and daughter-in-law.

6. The defendant further submits that, during the pregnancy of the

defendant the plaintiff and his family never supported her in any way,
whenever the defendant was supposed to visit the hospital/clinic for
her check-up the plaintiff and his parents would call and inform the
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parents of the defendant to take her to the hospital. It was the parents
of the defendant who paid for all the bills and expenses for the hospital
visits and the deliver of the first baby of the plaintiff and the
defendant. The defendant with a found hope thought that after the birth
of their first baby the plaintiff and his parents would mend their ways
and that they would allow her to lead a happy married life with the
plaintiff. But soon after the birth of their first baby ( daughter ) by the
name Afsha Anjum the plaintiff started torturing the defendant
physically as well apart from torturing her mentally.

7. The defendant further submits that, the plaintiff and his parents
were not happy with the defendant as they expected a male baby but
the defendant has given birth to a female baby. Because of this the
plaintiff started demanding for house from the father of the defendant
so that the plaintiff along with the defendant and their daughter Afsha
Anjum can live separately. When the father of the defendant asked for
some time quoting that his grand-daughter was too small at that time.
The plaintiff and his mother and sister created a huge scene and
insulted the father of the defendant and demanded for a separate house
to be gifted to the plaintiff or else they can take their daughter
( defendant ) back home.

8. The defendant further submits that, due to this reason the

plaintiff and his family members were in search of one or the other
reason with which they can send the defendant to her parents home.
Things being such the sister-in-law Nigar Sultana blamed the
defendant that she has a doubtful nature and she instigated the plaintiff
and both of them agreed with each other and dropped the defendant in
her parents house and when the parents and elders of the defendant
approached the plaintiff to take back the defendant home they did not
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agree. After 3 months the plaintiff again out of the blue the in-laws of
the defendant visited the parent’s house of the defendant and started
demanding for a separate house. The plaintiff and his family members
used all this tactics to bend the parents of the defendant to meet their
illegal demands and to fulfill their greedy nature for material things of
life.

9. The defendant further submits that, during this time when the
plaintiff and his family members visited the parent’s house of the
defendant and very shamelessly demanded for a separate house to be
given to the plaintiff, at that time the plaintiff became violent and
kicked on the stomach of the defendant in-front of the parents of the
defendant. Due to this the defendant was taken to Mediscope Hospital
as the stomach of the defendant started bloating and her pulse was
going down, the doctors at Mediscope Hospital advised her parents to
take the defendant to Vikram Hospital as it was a serious issue. After
looking at the condition of the defendant the doctors at Vikram
Hospital enquired with the parents of the defendant to know the reason
for such bad health condition of the defendant and insisted them a
complaint has to be filed first and only after that they can start her
treatment. The defendant and her parents did not make a complaint
keeping in mind about the future of the defendant and her child.

10. The defendant further submits that, knowing the serious

condition of the defendant, the plaintiff and his family members
apologized to the defendant and her parents and the plaintiff and his
family members agreed in a Madrasa that going forward in future they
would not make such mistakes and that they would not cause any
problem to the defendant and took the defendant to her matrimonial
home.
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11. The defendant further submits that, the averments made at para
No.8 of the plaint is admitted as the plaintiff and the defendant lived
within the jurisdiction of this Hon’ble Court as husband and wife.

12. The defendant further submits that, the averments made at para
No.9 is hereby denied and the plaintiff is put to strict proof of the
same.

13. The defendant further submits that, the averment made at para
No.10 of the plaint is partly admitted. Subsequent to the incidents
narrated in the para No.10 of the written statement the defendant and
the plaintiff lived happily together for few months only, as the plaintiff
filed a false civil suit against the father and the relatives of the
defendant in O.S No.6771/2015 for the relief of Permanent Injunction
stating that the parents and the relatives of the defendant were in a
habit of interfering in the family affairs of the plaintiff, which was not
true. It was the family members of the plaintiff who were constantly
interfering in the married life of the plaintiff and the defendant due to
which they were unable to lead a happy married life. As narrated the
sister-in-law would instigate the plaintiff saying that the defendant has
a doubtful nature and that the parents of the plaintiff would support the
plaintiff in meeting the illegal demands of the plaintiff for a separate
house as dowry and in order to meet their demands they would
mentally and physically torture and harass the defendant in one way or
the other. Rest of the averments made at para No.10 are hereby denied
and the plaintiff is put to strict proof of the same.

14. The defendant further submits that, the averments made at Para
No.11, 12, 13 and 14 of the plaint are stoutly denied and the plaintiff is
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put to strict proof of the same. Contrary to that, the plaintiff was in a
habit of acting upon the instructions of his family members and he
would physically assault the defendant now and then. Because of the
constant interference of the plaintiff’s family members the plaintiff and
the defendant could not lead a peaceful married life and the plaintiff
continued to leave the defendant in her parents house now and then.
Thus the defendant’s parents would visit the defendant in her
matrimonial home and to check on her but even that became a huge
issue for the plaintiff. The plaintiff would doubt on her wife
( defendant ) that she is conspiring/plaining along with her parents to
do something against the plaintiff. As a result of which the defendant
stopped her parents from entering into her matrimonial home.

15. The defendant further submits that, subsequently after a month

the plaintiff again started physically assaulting the defendant to get a
building in his name from the defendant’s father. The defendant’s
father again had to come and explain the plaintiff about his situation
that the defendant is not the only daughter for him and that he has
three more daughters to whom he shall give their respective shares
equally in his property. For this the plaintiff blamed the defendant and
said this is what she has been plaining along with her parents in order
to avoid giving their property to the plaintiff.

16. The defendant further submits that, when the plaintiff was
sitting at home as he was he was having some issues in delivery
company the mother-in-law of the defendant would taunt the defendant
saying that it is because of her that her son is not earning.
Subsequently due to job issues the plaintiff left the defendant in her
parent’s house and went to Hyderabad and stayed over there for a
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period of 4 months, without giving any financial support to the

defendant.

17. The defendant further submits that, even though it is the

bounden duty of the plaintiff to look after the welfare of the defendant
( being his wife ) and their child. The plaintiff never acted as a dutiful
husband and father. It was the parents of the defendant who would buy
clothes for the defendant and her children, the plaintiff would care
only to buy grocery items for the matrimonial home and nothing else.

18. The defendant further submits that, the averments made at para
No.15 are partly admitted. It is true that the plaintiff and defendant
along with plaintiff’s parents visited Makkah ( in Saudi Arab ) for
Umrah (pilgrimage) and the rest of the averments are hereby denied
and the plaintiff is put to strict proof of the same. The defendant is
shocked looking at the nature of the plaintiff, sometimes he shows his
love and affection and takes her for Umrah and on the other hand the
plaintiff was also in a habit of going out for trips along with his family
members leaving behind the defendant and their daughter at the
matrimonial home or at her parents house during such trips. When
such acts of the plaintiff were questioned by the defendant the plaintiff
would verbally abuse the defendant in a filthy language and treat her
like his servant and much less than a human being, let alone being a
wife.

19. The defendant further submits that, the entire averments made at
para No.16 of the plaint are stoutly denied and the plaintiff is put to
strict proof of the same. Contrary to that if the defendant would attend
any marriage functions of the plaintiff’s relatives then the plaintiff was
in a habit of insulting the defendant in front of his relatives for trivial
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issues. Further the plaintiff was also in a habit of recording the phone
calls of the defendant and then he would forward those call recordings
of the defendant to his parents, sister and brother. The in-laws of the
defendant never liked her from the day of her marriage with the
plaintiff and they would always find some or the other way to instigate
the plaintiff to quarrel with the defendant. It is mainly because of the
constant interference of the family members of the plaintiff that the
plaintiff and the defendant could never lead a peaceful and happy
married life.

20. The defendant further submits that,

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1. It is further submitted that, the defendant left with no options

had to attend the marriage of her younger sister to save the prestige of
her family and immediately after marriage she joined the plaintiff at
the marital home and till date staying over there.

2. It is further submitted that, the plaintiff and his father are

constantly and continuously harassed the defendant, as the defendant
dis-obeyed them and attended the marriage of her sister, there by
constantly threatening the defendant that plaintiffs marriage with
another women would be performed who is one among their relatives.

3. Regarding sending of Talaq as per Annexure – D to F, the

plaintiff has not sanctity for truth, the Talaq at Annexure – D & f have
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been aptly replied with, copy of the same is produced at Document

No.1 & 2, thereby making the Talaq redundant and meaningless, and
the plaintiff has suppressed those documents to suit his convenience
and to mis-lead this Hon’ble Court.

4. Paragraph no.6 is not with in the knowledge of the defendant,

regarding exchange of notice, it again surprising to note the attitude of
the plaintiff, he suppress the reply notice dated:3/5/2018 which is
produced by the defendant at Document No.3, and shrewd enough to
produce the rejoinder notice dated:6/5/18 at Annexure – J, the said
suppression also goes to the root of the case.

5. Paragraph no.7 is denied into accept for the fact that the
plaintiff along with his brother manhandled the family members of the
defendant in the guise of sorting out the differences, and it is true that
case and counter case has been registered against both the parties.

6. Regarding paragraph No.8, it is admitted that the plaintiff’s

father filed a suit for injunction in O.SNo:25922/2018 and obtained an
exparte order of temporary injunction.

It is further clarified and submitted that, the defendant herein

entered appearance in O.S.No:25922/2018 and filed an application to
vacate the order of temporary injunction and the Hon’ble Court after
hearing was pleased to Dismiss the application for T.I filed by the
father of the plaintiff and allowed the application filed by the
defendant herein on 4//4/2019, all other averments are denied as false
and created for the purpose of the case, hence the plaintiff is put to
strict proof of the same.
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7. Paragraph No.9 is denied in toto and the plaintiff is put to

strict proof of the same.

8. The defendant further submits that there is no cause of action

for the above suit.

WHEREFORE, it is most humbly prayed that this Hon’ble

Court may be pleased to dismiss the petition filed by the plaintiff and
further be pleased to pass such order/s as deemed fit in the
circumstances of the case, in the ends of justice.

Advocate for Defendant Defendant

VERIFICATION

I, respondent above named do hereby state that what is stated in

paragraph nos.1 to 11 are true and correct to the best of my knowledge,
information and belief.

Bangalore
Dated:15/4/2019 Defendant
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