125 Maintainance

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IN THE COURT OF MS.

VANI GOPAL SHARMA, DISTRICT JUDGE,


FAMILY COURT, GURUGRAM.

YOGITA BATLA

W/o ASEEM BATLA

D/o SH. VED PRAKASH SHARMA

R/o-F1802 BPTP SECTOR-57 GURGAON ….


Petitioner

VERSUS

ASEEM BATLA

S/O SH. LATE BAIJ NATH BATLA

R/O U-24A/23, TOWN HOUSES

DLF-3 GURGAON
......RESPONDENT

PETITION UNDER SECTION 125 OF CR.P.C. FOR GRANT OF MAINTENANCE

Madam,

The petitioner most respectfully submits as follows:

1. I say that a marriage between the parties was solemnised on 19.11.1995


according to Hindu rites and ceremonies. Satpadi was performed.
2. I say that out of the said wedlock two children has been borne to the parties.
Both are living with the petitioner.
3. I say that the respondent has no other liability except to maintains 1 the
petitioner and two children. His parents has already expired. His brother is
well settled in Switzerland. His sister is married and well settled in her
matrimonial home. The present petition is being filed for the grant of relief
to the petitioner and for 2 sons.
4. I say that the respondent has filed the petition for divorce which is at present
pending in the Court of MS. Vani Sharma District Juder Family Court
Gurgram.
5. I say that the elder son is Tushur Batia Who is at present studying in Vellore
Institute of Technology in Vellore. The course would be completed in April
2018. Thereafter he plans to do MBA
6. I say that the younger son Nihaar Batla is studying in 10th class in Scottish
High International School Gurgaon. He resides with the respondent and all
his day to day expenses are to be bome by the respondent.
7. I say that at present all the educational expenses are bome by the petitioner
and for all other their expenses both are dependent on the respondent
8. I say that at present the petitioner is receiving the rest of Rs 72.500 from the
tenants of House Number 023 South City 1, Gurgaon which is owned by the
petitioner along with the respondent
9. I say that the respondent has been paying only a meagre amount of 12.500
per month to the petitioner from the date he let the matrimonial house.
10. I say that the petitioner is at present rendering Social services for keeping
herself busy as Faculty in Rainbow Bliss Graphic and Animation Institute
Gurgaon and getting stipend of Rs 15,000/- per month only.
11. I say that thus the total source of income of the petitioner at present is Rs
72,500/- as rent, Rs 12,500/-which is given by the respondent and Rs
15,000/-which she earns and thus the total income is Rs1,00,000/-
12. I say that for all other expenses she has to depend upon her parents and
relatives.
13. I say that the petitioner is living in his own house at U24A/23 DLF phase 3
Gurgaon. The said house was purchased by the father of the petitioner. The
father of the petitioner has since expired. The same has come to the share of
the petitioner and as such now he is the owner of the said house. So the
petitioner has not to pay any rent.
14. I say that the respondent is associated with the following Companies:-

(a)Datiot Private Limited (Director) Joined on 17th June 2016

(b) Supreme Solutions (Managing Director)

(c)Informage (Managing Director) Joined on 5th March 2013

(d) Citron Communications Private Limited (Director) Joined on 15 th May


2013.

(e) Aasra Infratech Private Limited (Director) Joined on 5th March 2008

(f) The respondent is registered with Ministry of Corporate Affairs (MCA).


Their DIN is 00613078

15. I say that now the respondent has purchased new Fortuner car number
HR26DB0711, the cost of which is Rs 35,00,000/-.As such the petitioner
can afford to purchase a luxury car every year out of his income.
16. I say that the respondent is owner of house U24A/23 DLF phase 3 in
Gurgaon value of which is one crore.
17. I say that the respondent is also owner of house 63, Dwarka Puri, at Sirsa
the value of which is 5 crores.
18. I say that the respondent is the member of following Clubs :-

(a) Club Mahindra, the membership fee of which is 3 lacs.

(b) City Club DLF phase 3, the yearly membership is Rs 51,860/-.

(c) City Club DLF Phase 4, the yearly membership is Rs 52,000/-.

19. I say that the respondent also owner of agricultural land in Malout and in
village Chanderkhera, Haryana.
20. I say that the respondent keeps on changing mobile phone. He has recently
bought an I phone worth 80 thousand from Dubai. The petitioner keeps on
changes costly watches and he has a Rado watch worth 60 thousand.
21. I say that the respondent keeps on travelling abroad for business as well as
for pleasure trips and stays in 5 star hotel. He has been staying in Crown
Plaza, Maya Manor Boutique Hotel, Novotel Dubai, JW Marriott Hotel
Chandigarh, Park Regis Kris Kin Hotel Dubai.
22. I say that average income of the respondent is 30,00,000 per month.
23. I say that the respondent had gone to Switzerland alongwith both the sons
i.e Tushar Batla and Nihaarbatla for pleasure trip.
24.I say that the respondent has employed a male servant Somnath to whom he
pays Rs 20.000 plus food and other amenities and has also provided him a
scooty. The respondent has also employed a driver to whom he pay Rs
25,000/- per month and perks and has provided him a motor bike.
25.I say that the petitioner had gone to Dubai, Singapore, Malaysia, London,
Turkey for pleasure trip along with respondent and children.
26. I say that the petitioner is entitled to enjoy the status equivalent to the
petitioner and the petitioner is liable to provide the maintenance to the
respondent as per his status.
27. I say that the petitioner needs Rs 1,00,000/- per month for maintenance
expenses of two children i.e., Rs. 50,000/- for each children.
28. I say that the respondent is liable to provide the same status of car to the
respondent which he is enjoying. So the petitioner is liable to pay Rs
25,00,000/- to the respondent for the said purpose
29. I say that the petitioner needs Rs 5,00,000/- per month for her own
maintenance in addition to her income.
30. I say that it was arranged a arranged marriage between the parties. At the
relevant time the respondent was living at 724Dr. Mukherji Nagar, Delhi
with her parents. The respondent belonged to Sirsa where his parents were
living. His father was a leading advocate at Sirsa. The petitioner was
working at Mekaster at Delhi and was staying in companies' guest house in
Alaknanda, New Delhi.
31. I say that the respondent was studying as regular student and was pursuing
M.Sc. Mathematics from Miranda House, which was the most prestigious
college of Delhi university at that time.
32. I say that the respondent in December 1994, came to see the respondent in
Delhi at 724, Dr. Mukherji Nagar, Delhi with the respondent maternal
uncle's family. The petitioners maternal uncle (the respondent mother's
cousin brother) was also respondent's maternal cousin brother(massi's son).
His name was Mr Manil Midh. He is no more now. They had dinner with the
petitioner's family. On the way back home Mr. Manil Midha called
petitioner's parents. He told that the respondent has approved of the girl and
asked the decision of the petitioner's parents. The petitioners parents also
replied in affirmative.
33. I say that the petitioner's family was told by Mr. Manil Midha that the
respondent was earlier engaged twice but the engagement was broken due to
various reasons. One girl name was Nomita from Neelukhera and other was
a daughter of Mahendru's.
34. I say that the respondent father was a leading Criminal advocate in Sirsa,
and the petitioner's mother was working as a Principal in a school at that
time.
35. I say that the petitioner's father was an assistant engineer in NDMC and
mother was working as a teacher in Delhi Administration School at that
time.
36. I say that in January 1995 both the parents of respondent with their daughter
Anjali Gulati and their son in law Harish Gulati came to the residence of the
petitioner and after various discussions approved of the relationship. It was
decided that the ceremonies will take place without any further delay. So
Rokha Ceremony was performed in the house of petitioner itself in January
1995 in which 15 people came from the side of the respondent. As a token in
Rokha ceremony they gave a saree and a ring to the petitioner and from the
side of petitioner as token Rs 11,000 was given to the respondent and Rs
2100 each was given to every person who came from the side of the
petitioner.
37. I say that as per convenience of respondent family the Thaka Ceremony was
also organised at Delhi, at the residence of the petitioner in April 1995. 20
people came from the respondent's side. At that time a Golden chain
weighing 25 gram was given to the respondent and Rs 2100 each was given
to mother-in law and father-in-law, Sister of the petitioner, brother of the
respondent and husband of the sister of the respondent. An Amount of Rs
5100 was given for all other relatives besides usual sweets and fruits. The
lavish arrangement was made for the ceremony by the petitioner family.
38. I say that the engagement ceremony was celebrated at the residence of the
petitioner family in November 1995. At that time a diamond ring was given
to the respondent and cash for suits Rs 10,000. Cash of Rs 11000/- for
relatives was given, besides usual sweets and fruits. The lavish arrangement
was made for the ceremony by the petitioner family.
39. I say that the marriage was fixed for 19-11-1995.
40. I say that before the marriage the respondent's father purchased flat number
U24A/23 GF DLF 3 in Gurgaon and gave its keys to the petitioner parents
with the demand that the same said be fully furnished by the parents of the
petitioner. The parents of the petitioner as demanded by the parents of the
respondent fully furnished the said house which was new one and totally
empty.
41. I say that the parents of the respondent desired that the marriage ceremony
should be solemnised at Sirsa instead of Delhi because it would be too
inconvenient for their guest to travel to Delhi. Though it was inconvenient
for the petitioner's family but the petitioner family gladly accepted the
demand. And the marriage ceremony took place in Sirsa in Janta Bhawan.
The petitioner family made elaborate arrangement beyond their means to
satisfy the in-laws and also because the petitioner parents were blessed with
only one daughter. About 800 people came from the respondent's side. Three
gold sets weighing 45g, 35g, 25g and six bangles of 90g and a Gold ring was
given to the respondent.
42. I say that petitioner went for Phera Ceremony to her parents who were there
in guest house in Sirsa next day. They gave clothes and cash to petitioner
and the respondent.
43. I say that before leaving Sirsa petitioner parents came to meet respondant
parents and brought gifts for them (clothes for everyone including the sister-
in-law family).
44. I say that after two days of the marriage, as pre planned the parties went for
honeymoon. They had planned to go to Shimla and Manali via Chandigarh.
The parties stayed in 4-star hotel (Shivalik) in Chandigarh.
45. I say that at Chandigarh the petitioner came to know that the respondent
had a habit of drinking in the night. He asked the petitioner to give him
company in drinking. When petitioner refused to give the company, the
respondent remarked don't be so backward if petitioner have to move with
respondent then petitioner should develop this habit. The respondent forced
petitioner to drink to give him company that day. But then respondent told
the respondent only occasionally she will drink as petitioner didn't like it.
46. I say that although the respondent family was very well off even at that time
still they preferred to send the parties for honeymoon trip in roadways buses
and the petitioner gladly went in the mode offered/arranged by the
respondent and his family.
47. I say that after staying for two days in Chandigarh the parties went to
Shimla and from Shimla they went to Manali and stayed in Picadle hotel.
48. I say that the respondent and petitioner marriage was not consummated, at
Chandigarh or at any other place during whole of the honeymoon trip due to
some weakness in respondent although the petitioner wholly cooporated.
During the honeymoon trip the respondent repeatedly in many ways asked
the question regarding the virginity of the petitioner and it was very hard for
the petitioner to prove before the respondent that she was virgin. The
respondent went to the extent on repeating that petitioner was student of
Miranda House College of University of Delhi and how she was still virgin.
As if all the girls who goes to college loses virginity according to
respondent. The petitioner felt humiliated about the same but did not
disclose this till date to anyone. All this was talked by the respondent to hide
his own weakness as despite the best efforts made by petitioner he was not
able to do sexual act with the petitioner during the honeymoon trip.
However, the petitioner did not disclose the weakness of the respondent to
anyone after returning from Honeymoon trip. As the respondent had
requested to the petitioner to cooperate with him and respondent would
improve upon his weakness by passage of time.
49. I say that after returning from honeymoon respondent stayed with the
petitioner for two days in Sirsa and then went to Delhi for joining his duties
and petitioner stayed with her-in-laws for one week.
50. I say that the petitioner fully cooperated with the respondent. However, the
marriage was not consummated at Sirsa, since she was newly wedded girl so
she thought that it might be a ritual or practice in matrimonial home not to
live together in the beginning.
51. I say that the petitioner after one weeks stay in Sirsa came to Gurgaon along
with- in- laws and sister-in-law's family for the Ghreh Pravesh ceremony of
house no. U24A/23 DLF 3 Gurgaon which was purchased by respondent's
father and furnished by petitioner parents. The arrangement of Ghreh
Parvesh was done by petitioner parents. They beard the expense of it and did
all the rituals. Gave Shagun to everyone. Kitcher was fully equipped and
one-month ration was also filled up by the petitioner parents. After the
rituals respondent parents left for Sirsa as respondent's father had some cases
lined up in court. The petitioner parents left for their house at Delhi. The
parties started living together in the said house at Gurgaon.
52. I say that the petitioner requested respondent not to rush into having family
as respondent not well settle and respondent had to complete her M.Sc.
Mathematics from Miranda House, but he didn't agree and said he is settled
and wants to have a child soon. The petitioner conceived within one month
of her marriage as the marriage was consummated between the parties at
Gurgaon. The Respondent continued studying but it was difficult for her to
travel from Gurgaon to Delhi. The respondent was not helpful in petitioner
continuing the further studies. The petitioner was worried about her child, so
she gave up her studies and started taking care of herself so that she can
deliver a healthy child.
53. I say that at that time when the respondent was pregnant, the Petitioner was
into marketing and use to travel a lot, the Petitioner' sparents were living in
Sirsa and respondent's parents were living in Delhi, so respondent alone had
to managed everything and had to look after herself.
54. I say that the petitioner started taking up few tuitions at home, so that it will
be a support to the respondent.
55. I say that while the petitioner was pregnant and supporting the petitioner
with the income of tuitions the respondent left the job after six months of
marriage and stayed at home without work for one month as he intended to
start his own business for better prospects and the petitioner fully supported
him.
56. I say that the respondent opened a company Linkquest with a Pakistani born
American citizen Mash Khan in Delhi. The office was opened in a rented
accommodation at Safdarjung, Delhi Mr Mash Khan came into contact with
the respondent when he was working in Mekaster. Mr Mash Khan had
business dealings with Mekaster and he used to visit the said company off
and on and they developed personal business relationship with each other. In
due course of business, the respondent started travelling abroad. The
respondent never shared details about his business with the petitioner and
she believed that he needed to travel abroad for his business requirements.
57. I say that after one year Linkquest office was shifted to Gurgaon DLF Phase
1. They hired a receptionist Seema Tyagi. The petitioner had no objection to
the same as she understood very well that all these things were required for
running a good business. The respondent was doing well in his business. He
bought his first car Zen. It may not be out place to mention over here that till
that time neither the respondent's parents nor anyone in their family owned
any car.
58. I say that it was desired that the delivery should take place at Sirsa by the
respondent's family. The petitioner readily agreed for the same.
59. I say that one month before delivery the petitioner shifted to Sirsa. The
petitioner fulfilled all duties of a daughter-in-law. The respondent parents
were happy with petitioner's behaviour. The petitioner's parents also
arranged full facility for the petitioner. The petitioner had a normal delivery
on 28th Aug 1996 in Sirsa at Raj Nursing home. Everyone was happy with
news of a baby boy. The respondent was there in Sirsa at the time of
delivery.
60. I say that the petitioner stayed in Sirsa for one month after delivery under the
care and custody of her in laws. The respondent parents showered all love
and affection on the baby and took full care of the baby.
61. I say that the parents of the petitioner visited once to Sirsa for rituals with all
the requisite gifts for the child and they did not stay in the Sirsa and returned
the same day.
62. I say that after about one month of delivery the petitioner shifted back to
Gurgaon and in between for a very brief period as per rituals she also visited
her parents. Thereafter the parties lived happily at the Gurgaon where only
petitioner, respondent and their lovely new born child was living.
63. I say that the petitioner was busy in looking after the house and newly born
child and also use to take tuitions. The petitioner and the respondent were
having happy married, fulfilling their duties to each other and their child.
64. I say that the parties visited Dubai, Singapore, Malaysia, London for
vacation with their elder son Tushar Batla and were enjoying their life to the
fullest.
65. I say that in 2000 the respondent joined a school Pinecrest in Dlf 1 as the
Tushar Batla, the elder son of the parties started going to school Tushar was
dropped to the creche from where the after school petitioner use to pick him
up and come back home by scooty, gifted by the respondent to the petitioner.
The petitioner worked in Pinecrest School till 2001.
66. I say that the petitioner left the job due to her son Tushar Batla as he was
finding creche uncomfortable and bringing him back by scooty was not safe.
The petitioner once fell down with child from scooty. Keeping all this in
mind the petitioner left her job for the safety of her child.
67. I say that the petitioner remained home and again started taking tuitions.
Although respondent was doing in business well but he always expected
petitioner to be self-independent and should have her own income. The
respondent used to bring the grocery on his own and never allowed
petitioner to buy anything. The respondents from his wish use to purchase
items and never gave the respondent financial help to the petitioner.
68. I say that the respondent basic needs was managed by the money given to
her by her parents and the petitioner use to save money from whatever she
earned from tuitions.
69. I say that in 2002 respondent again got pregnant. At the time of second
delivery the mother-in-law of the respondent suggested that since there are
better medical facilities at Gurgaon at that time and the elder son is school
going so the second delivery should take place at Gurgaon and she would
come to Gurgaon to take care of her. The petitioner agreed with her advice.
The parties second son Nihaar Batla was born on 24 th February 2003 in
Umkhal Hospital Gurgaon. Everyone in the family was happy with news of
the birth of their second grandchild. The respondent parents immediately
came the very next day to Gurgaon to bless their grandchild. They kept the
name Nihaar and showered their love and affection on their grandchild.
70. I say that the respondent's mother stayed with the parties at Gurgaon to look
after the child and respondent father left for Sirsa as he was a leading
advocate and had some cases lined up. The respondent mother looked after
the child and enjoyed the company of both her grandsons. Then after one
month she left for Sirsa to join her husband as he was alone there.
71. I say that the respondent developed some differences with his business
partner Mash Khan due to some problems in Business. The respondent
wanted to expand the business but Mash Khan was reluctant. The respondent
asked the petitioner to join the job again to support him. So the parties hired
a maid for their younger child Nihaar Batla in 2004 and the respondent
joined Tagore International School in DLF 3 next to their residence
U24A/23 DLF 3 in Gurgaon.
72. I say that the school was at a walking distance so petitioner was relaxed after
making full arrangement of their child. The respondent started working hard.
She use to work in school, then in the evening she use to take tuitions and in
the evening teach her elder son Tushar Batla.
73. I say that the petitioner was standing like a rock and was giving full support
to the respondent in his tough time in his career. The respondent changed his
car and bought Ford Icon in 2004 and gave the old Zen car to his father.
74. I say that the respondent in 2005 picked up a job in Bangalore in a company
Pronto Networks and left business and broke his partnership with Mash
Khan. The petitioner respected his decision. The respondent wanted to shift
alone to Bangalore but the respondent parents were concerned about both
petitioner and respondent asked the respondent to shift with the petitioner to
Bangalore.
75. I say that in 2005 the petitioner joined Cambridge Public School in
Bangalore and put her younger son in a creche. The parties took this
decision as the petitioner had to work. So they first ensured the safety of
their child. Put him in a hygienic and comfortable creche. This time
petitioner didn't have any conveyance. After school gets over she used to
pick her child Nihaar Batla and use to bring him back in auto.
76. I say that the petitioner continued taking tuitions in Bangalore and worked
hard to support the family and take care of her kids. The petitioner was
relaxed that the respondent was also working hard to make both ends meet.
Soon respondent started doing well in his career.
77. I say that the petitioner started noticing some change in respondent
behaviour towards her. The respondent started avoiding her and use to come
home late in the night. The petitioner whenever questioned the respondent
about his changed behaviour, the respondent use to ignore her and starts
drinking saying that the petitioner doesn't know how it is difficult to earn
money.
78. I say that the petitioner inspite of standing a rock with the respondent and
consoled him that everything will be fine, ups and down comes in career.
79. I say that the respondent was in continuous touch with Mrs Seema Tyagi, the
receptionist of Linquest and in usual talks the respondent told the petitioner
that he was in touch of Seema Tyagi as he was taking her help in getting
orders in his new job.
80. I say that the respondent slowly started finding faults in the petitioner when
they were at Bangalore. But the petitioner took it as a normal way of life.
81. I say that the respondent many times compared respondent with other
women and use to put petitioner down in front of his family members.
82. I say that the respondent started meeting Seema Tyagi frequently, who was a
divorce but the respondent always pretended that she was a source of
procuring business for him.
83. I say that the respondent stopped the conjugal relation with the petitioner in
Bangalore and putting the petitioner in stress by critising her qualification
and looks. The respondent was progressing a lot in his career.
84. I say that after two years stay in Bangalore, in 2007 respondent again left his
job and shifted to Gurgaon and told the petitioner that he again sees better
prospects in his own work.
85. I say that after shifting from Bangalore the respondent started working for
linkquest Dubai for one year in Gurgaon and the respondent again joined
hands with Mr Mash Khan and opened a Linkquest business in Dubai. The
respondent made several trips to Dubai etc. for the business purpose.
Thereafter the respondent told that he needs to shift to Dubai for the purpose
of business. Initially respondent wanted to shift alone to Dubai. But
respondent parents noticing the change in respondent behaviour, did not
allow the respondent to shift alone to Dubai and asked the respondent to take
the petitioner along with him.
86. I say that in 2008 respondent shifted to Dubai with the petitioner. As per the
rule of Dubai the marriage certificate has to be given. So before shifting to
Dubai, respondent father in Sirsa got the marriage registered.
87. I say that in 2008 petitioner joined Delhi Private School Dubai.
88. I say that in Dubai slowly the attitude of respondent changed, however the
petitioner could not smell the real cause of the same. He always pretended
that he was under the stress of his business activities.
89. I say that one day in Dubai the respondent took out a wine bottle and told the
respondent that he was going out for the birthday party of his friend. The
petitioner took it normally.
90. I say that the respondent had gone for a business trip to USA from Dubai,
however inadvertently he left his labtop at Dubai with mail account opened.
The petitioner, just for fun sake was enjoying the mail box of the respondent
and she was shocked to see one of compatible picture of Seema Tyagi with
the respondent. This was of the same day when the respondent has told the
petitioner that he was going for the birthday party of his friend with the
bottle. The petitioner was shocked to see the same and lost her balance.
Thereafter the petitioner further checked the mail box and shocking stories
were revealed. It was revealed that the respondent had booked a suit in Las
Vegas with Seema Tyagi. It was further revealed that the respondent and
Seema Tyagi were together in Paris.
91. I say that the petitioner was so perturbed that she ring up the respondent and
ultimately respondent had to admit that on that day he had lied and actually
went to the birthday of Seema Tyagi and he immediately deleted the mails.
92. I say that the petitioner was so much perturbed on these revelations that she
almost lost her mental balance.
93. I say that the petitioner informed all the facts to the respondent parents and
with their help the respondent was asked to shift back to India in 2009. The
respondent was guilty for his own deeds. He did not accompany the
petitioner and the children for their shifting to India. The petitioner had to
travel all alone with the children back to India on the advice of the parents of
the respondent.
94. I say that the petitioner has purchased the property O23 South City Sector 40
Gurgaon and also has put name of the respondent as a co- owner. The same
was constructed and let out to the tenants.
95. I say that when parties returned from Dubai at that time they were having
two flats i.e. one which was purchased by father in law before marriage and
another which was in the name of parties. However, both were let out at that
time and the parties could not shift in them. However, the respondent has
taken another house permanently for the purpose of keeping the visitors of
the company and same was lying vacant and the parties shifted in the said
house at Trinity DLF 5 Gurgaon which was also known as the guest house
of the company.
96. I say that later on the house O23 South city Gurgaon which was in joint
name of the parties was got vacated from the tenants and the parties shifted
in the same.
97. I say that mean while the parents of the respondent suggested to the parents
of the respondent that they should shift to Gurgaon to look after the children.
98. I say that the parents of the petitioner agreed to the suggestion and sold their
Delhi house and shifted to BPTP Sector 57, Gurgaon.
99. I say that the respondent after shifting to India started harassing the
petitioner for ruining his career and started beating her and used abusive
language. The petitioner was under so much mental stress got a bipolar
disease and was admitted to Vimhans for 17 days from 10-2-2013 to 27-2-
2013. The total medical expenses at Vimhans hospital was met by the
parents of the petitioner and the respondent did not contribute anything to
the same or cooperated in the treatment of the petitioner.
100. I say that on 13-12-2013robbery took place in O23 south city 1 Gurgaon
where the parties were living and which was in the joint name of the parties.
An FIR was lodged with the police. The respondent's parents called the
parties and asked them to shift nearby the parents of petitioner for the
purpose of security as the respondent was travelling off and on and
petitioner remained alone with children. The parties obeyed the same and
shifted to BPTP Sector 57 in a separate rented house.
101. I say that meanwhile the parents of respondent develops several diseases and
did not find Sirsa as fit place for the treatment and came to Gurgaon for their
treatment and stayed with the parties on all those occasions and the
petitioner as dutiful daughter in law served them to the best of her abilities
and the petitioner's parents were satisfied with the same. However, their
daughter Anjali Gulati was also doing back biting.
102. I say that in November 2014 respondent's mother had a severe health
problem and she was brought from Sirsa to Gurgaon and was finally
admitted in Spine hospital Delhi.
103. I say that after getting discharged from the hospital petitioner's mother came
to BPTP to stay with the parties. The respondent then went to America for
business trip asking petitioner to take care of his mother. The petitioner
served her mother in law with utmost care.
104. I say that the respondent parents too use to feel comfortable with petitioner
and was relaxed. The petitioner arranged dietician, Physiotherapist and all
other medical facilities for her mother in law.
105. I say that the respondent father being diabetic was also under going dialysis
in Sirsa and was keeping unfit. Respondent father too shifted to Gurgaon and
stayed in BPTP with the petitioner and use to get his Dialysis done from
Moolchand Hospital, Delhi.
106. I say that the petitioner also went to various hospitals for the treatment of
parents and for medical advice and also met the dietician and got prepared
food chart and served them to the best of her abilities as per doctor 's advice.
The mobile number of petitioner was noted down everywhere on the medical
cards.
107. I say that since the period the affair of the respondent with Seema Tyagi
came to light the respondent behaviour towards the respondent became
indifferent. As far as the petitioner was concerned after some time the
petitioner did her best to lead the normal family life and pardoned the
respondent for saving her matrimonial home. She also did not disclose these
facts to anyone else except the parents of the respondent with whose help
she was able to come back to India.
108. I say that the respondent's parents stayed with petitioner from November
2014 till end of January 2015. Then they left for Sirsa as they wanted to
finish there pending work and wind up everything before finally shifting to
Gurgaon with the parties.
109. I say that after leaving parents to Sirsa, respondent started misbehaving with
the respondent. When the respondent questioned for the said behaviour, the
petitioner started beating her and told her that he doesn't want to stay with
her.
110. I say that at that time the parties were living in a rented accommodation at F
1802 BPTP Sector 57 Gurgaon, which was taken on rent in view of robbery
in house O23 South City 1 Gurgaon over the instruction of petitioner's
father. The same was matrimonial home of the respondent.
111. I say that all of a sudden on 10th Feb 2015 respondent left the matrimonial
house and left the petitioner and children on the mercy of nature with
meagre amount which was not at all sufficient to run the family as per the
status of the parties.
112. I say that later on it was revealed that he has shifted to guest house DLF
phase I which was once Linquest office of Gurgaon.
113. I say that the respondent undertook to give a meagre charity to the
respondent which was as follows:-(i) 85,000 per month (ii) Rent of the
premises in which the parties were living house number F 1802 BPTP sector
57 (iii) Children education expenses.
114. I say that it was a big shock for the petitioner as she has tried her best to save
the matrimonial house and has even forgotten the extra affairs of the
respondent for the sake of saving her matrimonial house. She has fallen from
sky to the Earth and lost her mental balance and her condition became grave
and she was ultimately admitted in the Chaitanya hospital.
115. I say that the later on the respondent didn't keep even his undertaking of
paying the meagre amount of Rs 85,000 per month.
116. I say that the petitioner lost her mental balance and was admitted to
Chaitanya hospital in Gurgaon on 3/7/2015 and was discharged on 1/9/2015
with the strict advice to take rest and therefore was unable to travel for Sirsa.
It may not be out of place to mention over here that although the respondent
was admitted to the hospital but the petitioner during the whole period of the
respondent stay in the hospital only once visited hospital though the
respondent remained in the hospital for almost one and half month. The
respondent himself warned the petitioner that she should not visit Sirsa
under any circumstances in her state of health affairs.
117. I say that the father in law expired on 29 th August 2015 and mother in law
expired on 21st November 2015.
118. I say that the joint shock shabha of parents in law was held in DLF phase 2
Gurgaon Community centre and the petitioner parents and all the relatives
were very much present in the same. The petitioner was not again allowed to
attend the same by the respondent himself on the flimzy ground of her
health.
119. I say that the petitioner was playing the role mother and father both for her
children as petitioner being into marketing use to be out of country most of
the time. The respondent was only paying the fees of the children rest all
other duties the respondent was doing. The petitioner use to ask the
respondent to pay some attention towards upbringing of the children as it's a
joint duty of both mother and father, but the respondent was only busy in
making money, partying late. The children studies and diet and values to be
imparted were given by the respondent. She was doing all this while with
her job in schools.
120. I say that the respondent always run away from house at the time of shifting
and the petitioner with two minor children alone use to deal with movers and
packers. Even during vacations whenever family use to go respondent use to
travel alone and ask the respondent to join him later on, the petitioner us to
come and go alone with two minor kids.
121. I say that the respondent never opened any joint bank account with the
petitioner throughout his marriage life till date and use ask the respondent to
take help from her parents for monthly needs. The respondent use to work
and take tuitions to fulfil her needs as the respondent parents are retired and
have their own medical expenses.
122. I say that meanwhile respondent got vacate the house U24 A/23 DLF3 and
the petitioner is residing in the same.
123. I say that the petitioner is leading a most luxurious life as he is living in his
own house and have all the amenities of life and using the best car Fortune.
That the petitioner has not made any reasonable arrangements as per the
standard of the partiers for the respondent.

57.

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