BEFORE THE HON’BLE FAMILY COURT, GHAZIABAD, UTTAR

PRADESH
HMA 262 OF 2023
IN THE MATTER OF:
POONAM SONI …PETITIONER
VERSUS
KAILASH SONI …RESPONDENT

WRITTEN STATEMENT ON BEHALF OF THE RESPONDENT/ HUSBAND

MOST RESPECTFULLY SHOWETH:

PRELIMINARY SUBMISSIONS/ OBJECTIONS:

1. That, at the outset and without commenting on the details or contents

of the charges, it is hereby stated that Petitioner has either not brought
the true facts to knowledge or has concealed the true facts from this
Hon’ble Court, which is not only absolutely false and frivolous but far
from the actual facts and figures and hence none of the contents of the
charges shall be admitted by Respondent unless otherwise expressly
admitted in this reply and Petitioner is put to strict proof of the same.

2. That, Respondent is a law-abiding, dutiful man who is devoted to his

family and profession and was earlier working for an insurance agent in
the finance sector.

3. That, the Petitioner and Respondent got connected to each other via a
leading/ well-known matchmaking and matrimony website. After
meeting a few times, they got married to each other on 16.04.2019 as
per Hindu rites, rituals, and customs in the city of Ghaziabad, Uttar
Pradesh in the presence of family, and close friends. That, the
 Respondent finds it pertinent to mention herein that the ceremony and
rituals took place without the exchange of any gifts or valuable articles
between both families.

4. That, even though there was no exchange of gifts items, or any other
articles between the two families, the only condition that the
Petitioner’s family put before the Respondent’s family was to let her
continue her education without any breaks, to which the Respondent
and his family agreed readily as education is an important aspect of an
individual’s personality and growth – personally and professionally.

5. That, upon the completion of all wedding ceremonies and rituals, the
Respondent along with the Petitioner went to Mount Abu for their
honeymoon to celebrate their marriage where the Petitioner and
Respondent spent about 7 days. It is pertinent to mention herein that
upon return from Mount Abu, the Petitioner went back to her paternal
home in Ghaziabad, where she took admission in a college without
informing the Respondent. Furthermore, when the Respondent
confronted the Petitioner on this piece of information, i.e., regarding
her admission to a college, the Petitioner instead of clarifying her stand
on the said subject matter, she got abusive and got derogatory with the
Respondent and started using foul language against him. This
worrisome behaviour by the Petitioner was the onset of mental trauma
and agony for the Respondent.

6. That, during the stay of the Petitioner in her paternal home, the
Respondent was informed of the Petitioner’s pregnancy, and that it was
the Respondent who was bearing the whole expenditure of the
Petitioner’s pregnancy during her stay at her parental home in
 Ghaziabad. That, one day while travelling, the Respondent upon
reaching Behror, Rajasthan received a call from the Petitioner’s father
informing that the Petitioner had gone into labour for delivery and that
the hospital would admit the Petitioner only upon an advance deposit of
₹10,000/- (Rupees Ten Thousand Only). That, upon a conversation
with the hospital administration and staff, the Respondent herein
shared details of a health insurance policy that he had availed and upon
sharing the complete details with utmost transparency the Petitioner
was admitted to the Hospital wherein on 17.02.2020, she then gave
birth to a healthy girl child.

7. That, upon the birth of their daughter, and after countless pleadings
and requests by the Respondent, the Petitioner then visited her
matrimonial home in Jaipur. That, in the month of August, 2020 after
the nation-wide lockdown eased, the Petitioner then again started
throwing tantrums of going back to Ghaziabad, to which the
Respondent objected and told her that travelling with a baby who is
only a few months, is very risky and unadvisable. It is pertinent to
mention herein that when the Respondent asked the Petitioner not to
travel during such tough times, the Petitioner instead of complying with
the Respondent’s concerns and requests again started misbehaving with
the Respondent and his family and subjected them all to very harsh
words and behaviour which were totally unacceptable from the
Petitioner.

8. That, in the month of May 2020, the Petitioner got pregnant again and
threatened to abort the foetus and left the matrimonial home for a few
hours without informing anyone. That, upon her return when the
Respondent enquired where she went, the Petitioner told the
 Respondent that she doesn’t find it necessary to answer the respondent
and later asked him to commit suicide that both – Petitioner and
Respondent – can be free from the shackles of the relationship. It is
pertinent to mention herein that such acts of indecency and
misbehaviour from the Petitioner herein have only and only given
mental trauma to the Respondent and that his mental health remained
disturbed due to the behaviour meted out to him and his family by the
Petitioner.

9. That, during the second pregnancy, the Petitioner started pressurising

the Respondent to let her go to Ghaziabad, to which the Respondent
calmly told her that she is again in a very delicate and fragile state and
should not be travelling. That, the mother of the Respondent assured
the Petitioner that she and her baby will be taken care of very well, i.e.,
pre and post birth. That, again the Petitioner did not adhere to the
request of the Respondent and immediately called up her father to take
her to Ghaziabad. She left for Ghaziabad and left the Respondent and
their daughter behind. That, on 02.02.2021, the Petitioner gave birth to
their second daughter. That, when the Respondent reached Ghaziabad
to take home the Petitioner and their second daughter, she not only
misbehaved with him again but also asked the Respondent to leave so
that the Petitioner could lead her life peacefully and that she will be the
one who will make all decisions pertaining to the Petitioner and their
second daughter hereon.

10. That, upon hearing such cruel and derogatory words from the
Petitioner, the Respondent was mentally extremely shocked. That, upon
time and again requesting the Petitioner to come back, the Petitioner
put forth a weird condition to the Respondent; that she will only join
him back if the Respondent starts residing separately from his family.
 The Respondent upon hearing this condition from the Petitioner refused
to accede to her condition owing to the fact that along with their first
daughter he also has responsibilities towards his aged parents which
may be ignored by staying away. That, upon hearing a refusal from the
Respondent, the Petitioner again started abusing the Respondent and
started using foul language against him and his family members. That,
such an unexpected outburst led to more mental trauma on the
Respondent as he had never in his wildest dreams imagined such
behaviour from the Petitioner.

11. That, after a few months of deliberations by the Respondent

towards the Petitioner’s request of moving out of his familial home, he
put an idea forward to the Petitioner that if she also starts working and
contributing to the household expenses it will be great help as his
monthly income will not be able to suffice all expenses. It is pertinent to
mention herein that upon hearing this suggestion from the Respondent,
the Petitioner again lashed out at the Respondent and used extremely
derogatory statements like “you and your family are beyond my status
and I should have never said ‘yes’ to a match like yours where the
family lives hand to mouth”. Such derogatory statements have proved
to be affecting the Respondent’s mental health.

12. That, the Petitioner has a persistent habit of dialling the police
helpline number 100. It is pertinent to mention herein that on one such
incident the Petitioner dialled the police helpline and got the
Respondent and his brother arrested in a false complaint. The Petitioner
after getting the Respondent arrested had stooped to another level
wherein she again called the helpline and asked them to arrest the
Respondent’s mother and sister too. However, when on 08.10.2021 the
Respondent and his brother were released from Police Custody, the
 Petitioner again pressured the Respondent to separate himself from the
family, and reside in another accommodation with the Petitioner, and
left for Ghaziabad.

13. That, the Respondent during the Petitioner’s stay in Ghaziabad

found a rented space for accommodation in Jaipur, which was away
from the Respondent’s familial home. It is pertinent to mention herein
that on 12.11.2021, the Petitioner and Respondent started residing at a
rented accommodation bearing address 26A, Shubham Vihar, Mahesh
Nagar, Jaipur. Furthermore, the Petitioner again created pressure on
the Respondent to look for a bigger and better accommodation as she
will not be able to live in the above said space.

14. That, the Petitioner and Respondent during the course of time
kept on changing rented accommodations. It is pertinent to mention
herein that the time and again change of accommodations has been
primarily due to the bad and rude behaviour of the Petitioner towards
the landlords in whose tenanted premises the Petitioner and
Respondent resided.

15. That, during the COVID – 19 pandemic the Petitioner also had to
face a cut in his monthly pay, and that on such an occurring the
Petitioner instead of being sympathetic to the Respondent, she would
make fun of him and compare him to domestic helps. This created
serious and severe mental trauma to the Respondent, thus an onset of
depression began.
16. That, it is pertinent to mention herein that, on 07.02.2023 the
Petitioner has filed a false and frivolous FIR against the Respondent at
Nandigram Police Station, Ghaziabad bearing number 99 of 2023; which
got lodged on 10.02.2023. This FIR has been filed under Sections 498-
A, 323, 504, and 506 of the Indian Penal Code, 1860 and Sections 3
and 4 of the Dowry Prohibition Act, 1961. The Petitioner in the said FIR
wrongly alleges that the Respondent used to beat her, used abusive
words, asked for more dowry & gift articles, and also taunted her on a
regular basis that the wedding celebrations were not according to the
likings of the Respondent’s family.

17. That, owing to the above said incidents, the Respondent now
does not want to co-habit with the Petitioner, as he fears for his life,
and the precious lives of his family members, including his daughters. It
is pertinent to mention herein that upon learning about the
Respondent’s mental health and that he is suffering from Depression,
the Petitioner deserted the Respondent and walked out of the marital
home along with their younger daughter, and left the Respondent to
fend for himself.

18. That, the Petitioner has filed this instant Petition under S. 125 of
the Code of Criminal Procedure, 1973 who seeks maintenance from the
Answering Respondent. It is pertinent to mention herein that the
Petitioner has deserted the Respondent and their minor daughter
namely Naisha Soni/ Twinkle Soni; and is staying at her maternal home
without assigning any valid reason for neglecting her matrimonial
duties. It is submitted herein that Petitioner no. 1 is staying at her
maternal home along with other minor daughter namely Pooja Soni.
The Respondent herein has been deprived of love and affection towards
 and from their younger daughter. It is pertinent to mention herein that
the Petitioner has deserted not only the company of the answering
Respondent but the Petitioner has also deserted their elder daughter
who is especially abled and is also having issues with hearing for which
the answering Respondent has to make himself available every now and
then in order to take care of the said minor child. It pertinent to
mention herein that due to the aforesaid medical issues of minor child
Naisha Soni/ Twinkle Soni the answering Respondent had to leave his
full-time job and started working as an advocate before the District
Court of Jaipur, hence, in view of the above the Petition is liable to be
dismissed with the exemplary costs on the Petitioner.

19. That Petitioner no. 1 has deserted the minor daughter with the
answering Respondent thereby ignoring the fact that the said minor
daughter is especially abled and is suffering from hearing disabilities
due to which the answering Respondent had to leave his full-time job at
Poonawala Finance Corp. Limited. The answering Respondent has
started practicing law in the office of and Advocate Shri. Shyam Sundar
Sharma and is getting a monthly stipend of Rs. 5,000/- (Rupees Five
Thousand Only) which is absolutely not sufficient for running day-to-day
expenses of the answering Respondent and his especially abled
daughter Naisha Soni/ Twinkle Soni. The answering respondent has had
to seek financial help from his younger brother and relatives. The said
petition is liable to be dismissed on this ground alone. Annexure - 1

20. That the Petitioner no. 1 is a well-educated lady who is a

qualified teacher having the degree of B. Ed. and MA and is earning
handsomely. It is submitted that the Petitioner is earning around Rs.
50,000/- (Rupees Fifty Thousand Only) per month and hence, the said
petition is liable to be dismissed on this ground alone.
PARAWISE REPLY TO THE PETITION:
1. That, the contents of Paragraph 1 are admitted only to the extent
wherein the date of solemnization of marriage between the
Parties and the place where the ceremony took place is correct. It
is specifically denied that the Petitioner and her family have
incurred an expenditure of around ₹25 lakhs, as there has been
no exchange of gifts and material articles that can corroborate
the expenditure of ₹25 lakhs. It is submitted that whatever
gifting articles were given to the Petitioner at the time of the
marriage have been taken back by the Petitioner to her maternal
home.

2. That, the contents of paragraphs 2 and 3 are denied in their

entirety and that the Petitioner is put to strict proof thereof. That,
when the wedding ceremony was done without the exchange of
any gifts and material articles, it is specifically denied that the
Respondent asked for a car and an empty flat because if such
had been the case, the Petitioner and Respondent would not
have been living in a rented accommodation away from the
Respondent’s family, as time and again insisted by the Petitioner.
It is also specifically denied that the Respondent’s brother acted
as a match maker between the parties. It is pertinent to mention
herein that the Petitioner and Respondent connected with each
other through a leading matrimonial website. Hence, the
Petitioner is unnecessarily naming and shaming the family
members of the Respondent. It is denied that the answering
Respondent used to earn Rs. 65,000/- (Rupees Sixty-Five
 Thousand Only) per month, however, it is pertinent to mention
herein that answering Respondent used to earn Rs. 30,000/-
(Rupees Thirty Thousand Only) per month while working in the
financial sector prior to starting work as an Advocate in District
Court, Jaipur.

3. That, the contents of Paragraph 4 are denied in their entirety and

that the Petitioner be put to strict proof thereof. The Respondent
and his family have never taunted the Petitioner for giving birth
to daughters, and instead take pride in having two girls. It is
pertinent to mention herein that the Petitioner filed a false case
against the Respondent at the Mahila Thana, Jaipur. It is
admitted that the Petitioner and the Respondent reached a
settlement on 08.10.2021, the Petitioner and the Respondent
along with his family members reached a settlement at the Mahila
Thana, Jaipur. It is submitted that in the said false complaint the
Police Officers arrested the Respondent and his brother who
remained in the Police Custody for one night. Thereafter the
Petitioner and Respondent arrived at a compromise wherein the
Petitioner admitted and realized that she remains depressed as
she is unable to take care of both her minor daughters. She
further agreed that she will take care of both the daughters
diligently and perform her matrimonial obligations. The Petitioner
did not adhere to the terms and conditions of the settlement and
deserted answering Respondent and their minor daughter Naisha
Soni/ Twinkle Soni and started living separately at her maternal
home.
4. That, the contents of Paragraph 5 are denied in their entirety and
that the Petitioner be put to strict proof thereof. It is pertinent to
mention herein that upon his release from the custody on
08.10.2021, the Petitioner started pressuring the Respondent to
move into a separate accommodation which was taken on rent
immediately after the incident of the even date and away from
the Respondent’s family. It is denied that answering Respondent
has property in his name. It is pertinent to mention herein that
the Petitioner walked out of the Respondent’s familial home with
the younger daughter because the Petitioner was not able to take
care of both daughters together, and hence left the Respondent
to fend for himself. It is pertinent to mention that answering
Respondent used to take care of all the expenses of the family
but the Petitioner used to raise exorbitant demands which the
answering Respondent was unable to fulfil due to his limited
source of income.

5. That, the contents of Paragraph 6 are denied in their entirety,

and that the Petitioner be put to strict proof thereof. It is
specifically denied that rent of the rental accommodation of the
Petitioner and Respondent was delayed and that there was no
food in the house to feed the Petitioner and their second
daughter. It is pertinent to mention herein that in spite of the
hardships being faced by the Respondent, the Respondent used
to take proper care of the Petitioner by taking her for dinners,
shopping for fancy clothes, etc. Hence, it is denied that there was
any shortage of food at home, and that the Respondent did not
take care of the needs of the Petitioner. It is denied that the
Petitioner narrated the entire incident of not providing food to her
father and brother on 07.01.2023. It is pertinent mention herein
 that the father and brother of the Petitioner informed the
answering Respondent that the Petitioner is mentally unstable
and remains mentally disturbed at all times. The father and
brother of the Petitioner insisted that she should live at her
parental home for a few days till she gets better and joins the
matrimonial home as and when her mental condition improves.

6. That, the contents of Paragraph 7 are denied in their entirety,

and that the Petitioner be put to strict proof thereof. It is denied
that the family members – father and brother – of the Petitioner
met with the Respondent and his family to move the Petitioner
back to the Respondent’s family home. It was always the
Petitioner who pressured the Respondent to move away from his
family and live separately. It is pertinent to mention herein that
the family members of the Petitioner did not even make an effort
to meet the elder child. It is also specifically denied that the
Respondent has not allowed the Petitioner to join back her
marital home, and specifically mentioned herein that the
Petitioner and Respondent live in another rented accommodation
wherein all the needs of the Petitioner and both their daughters
are well taken care of. It is pertinent to mention herein that after
staying away from the matrimonial home for one month the
Petitioner joined the matrimonial home thereafter. Furthermore,
it is pertinent to mention that the father and brother of the
Petitioner searched for a separate accommodation for the couple
and their children which was 30 kms away from the rental
accommodation. The father and brother of the Petitioner forced
the answering Respondent to live in the said accommodation else
he should be ready to face dire consequences. That on
06.02.2023 the Petitioner took the answering Respondent to the
 Police Station and made him sign the papers provided by the
Police Officials. The Police Officials scolded the answering
Respondent and threatened to implicate him in false cases,
seeing this kind of behaviour from the Police Officials the
Respondent slipped into depression and lost his mental peace. It
is pertinent to mention herein that after bearing atrocities of all
kinds, at the hands of the Petitioner, the answering Respondent
then filed a petition under section 13B, Hindu Marriage Act
seeking a decree of divorce from the Petitioner. The said petition
bearing number 258 of 2023 was filed before the Hon’ble Family
Court, Jaipur. A copy of the said Petition is attached an annexed
herein as Annexure – 2.

7. That, the contents of Paragraph 8 are denied in their entirety and

that the Petitioner be put to strict proof thereof. It is pertinent to
mention that the Petitioner is in a habit of approaching the Police
every now and then by filing false and frivolous complaints
against the answering Respondent and his family members.

8. That, the contents of Paragraph 9 are denied in their entirety and

that the Petitioner is put to strict proof thereof. It is being
reiterated and reaffirmed that the wedding celebrations took
place without the exchange of gifts, valuables, and dowry, and
hence, it is specifically denied that the Respondent and his family
would take care of the Petitioner and their daughter upon the
Petitioner bringing any valuables from her maternal home. It is
pertinent to mention herein that the answering Respondent is
taking care of his elder daughter – Naisha Soni/ Twinkle Soni – in
the best possible manner and never threatened the Petitioner and
 younger daughter as alleged. Copy of the medical prescriptions/
certificates are attached and annexed as Annexure – 3 (colly).

9. That, the contents of Paragraph 10 are admitted that the

Petitioner has filed a false and frivolous FIR against the
Respondent at Nandigram Police Station, Ghaziabad bearing
number 99 of 2023 which got lodged on 10.02.2023. This FIR has
been filed under Sections 498-A, 323, 504, and 506 of the Indian
Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition
Act, 1961. The Petitioner in the said FIR wrongly alleges that the
Respondent used to beat her, used abusive words, asked for
more dowry & gift articles. It is pertinent to mention herein that
the Petitioner is in a habit of torturing the answering Respondent
and his family members by filing false police complaints against
them. It is pertinent to mention herein that the Petitioner gave an
affidavit dated 02.12.2021 to the concerned Police official stating
therein that the Petitioner has received entire stridhan and gift
articles from her in-laws and further deposed to live peacefully
with the answering Respondent and their minor daughters. A
copy of the Police Complaint dated 07.10.2021, affidavit dated
02.12.2021 and a copy of the said FIR dated 10.02.2023 is
attached and annexed as Annexure – 4 (colly).

10. That, the contents of Paragraph 11 are denied in their

entirety and that the Petitioner is put to strict proof thereof. It is
pertinent to mention herein that Poonawala FinCorp Limited was
the Respondent’s previous place of work. Hence, it is specifically
denied that the Respondent earned ₹65,000/- (rupees Sixty-Five
Thousand only) as his monthly income, where as it is pertinent to
 mention herein that it is pertinent to mention herein that
answering Respondent used to earn Rs. 30,000/- (Rupees Thirty
Thousand Only) per month while working in the financial sector.
It pertinent to mention herein that after getting multiple
complaints against him and his family members, the answering
Respondent went into severe depression and ultimately had to
leave the above job, the Respondent is now working as an
advocate in the office of Sh. Shyam Sunder Sharma who pays a
sum of ₹5,000/- (Rupees Five Thousand Only) per month as fee.
The Respondent had to leave his job as he also had to take care
of his minor daughter who is not medically fit either. It is
pertinent to mention herein that the “rental income” as being
stated by the Petitioner is false and frivolous, as the Respondent
and his family do not earn any rental income as they do not have
any other properties except for the family home. It is also
pertinent to mention herein that the salary earned by the
Respondent’s brother is immaterial to the proceedings of this
Case. It is further denied that the father of the Respondent is
getting ₹60,000/- (rupees Sixty Thousand only) as pension.

11. That, the contents of Paragraph 12 are denied in their

entirety and that the Petitioner is put to strict proof thereof. It is
pertinent to mention herein that within a few days of the
marriage and returning from the honeymoon to Mount Abu, the
Petitioner had enrolled herself in an educational institution
wherein she was pursuing her MA (Masters of Arts). The
Respondent also finds it pertinent to mention herein that prior to
the marriage, the Petitioner was teaching at a School and was
earning a sum of ₹10,000/- (Rupees Ten Thousand Only) and
now after holding a dual degree of B. Ed + MA, the Petitioner is
 now working as Teacher in another School and earning about
₹40,000/- (Rupees Forty Thousand only) per Month.

12. That, the contents of Paragraph 13 are denied in their

entirety and that the Petitioner be put to strict proof thereof. It is
pertinent to mention herein that the Respondent’s monthly fee is
₹5,000/- (Rupees Five Thousand Only) per month and is not
enough to fend for his aged parents, younger sister, minor
daughter and himself collectively. It is also pertinent to mention
herein that owing to the fancy lifestyle of the Petitioner, the
Respondent has an unpaid credit card bill and the personal loan
availed by the Respondent now stands at ₹3,00,000/- (Rupees
Three Lakhs Only) as an unpaid debt which was availed to fulfil
the Petitioner’s unreasonable and fancy demands, of which a
monthly instalment is paid by the Respondent’s father or brother.

PRAYER:
a) Dismiss the Petition preferred by the Petitioner with exemplary costs.

b) Pass any other order as this Hon’ble Court may deem fit and proper in the
interest of justice.

RESPONDENT

VERIFICATION:

Verified at New Delhi on this __ day of March, 2024 that the contents of the

above Written Statement are true and correct to best of my knowledge and

belief, nothing material has been concealed there from.

 RESPONDENT

THROUGH:

Place: New Delhi

Date: __.03.2024 KUNAL SONI & ASSOCIATES

S-104 LGF, Greater Kailash-II,

New Delhi-110048