KASHISH GUPTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,

ADVOCATE Nagarbhavi, Bangalore, Karnataka, 560072

HIGH COURT OF KARNATAKA Contact No. 9015207720
Email- Kashish@nls.ac.in

Registered Post with Acknowledgment Due

21.04.2024

To,

Mrs. Priyamani,

Mysore,

Bangalore – 560072

Subject: Response to your Legal Notice dated 04.04.2024

Ma’am,

We are in receipt of your Legal Notice dated 04-04-2024 (hereinafter referred to as

Notice").

In response to your notice dated 04-04-2024 and after careful review with my client, Mr.
Rajshekhar, I am instructed to deny all the claims made in the Notice and I hereby issue this
response to the Notice as follows:

As such, we deny all the allegations made in your Notice. The contents of the Notice are
false, misleading, and an attempt to coerce my client into agreeing to your unlawful and
unreasonable demands. My client reserves his right to initiate appropriate legal action for the
mental agony and harassment caused due to your baseless allegations.

At the outset I am instructed to state that my client has informed me about the true and actual
facts which you have deliberately concealed in the Notice, to satisfy your ulterior motives,
and the same mentioned hereunder:

A. That your marriage was an inter-caste marriage. Owing to the caste differences, the
marriage was opposed by both the families. However, you both decided to go ahead
with the marriage and the marriage was solemnized on April 12, 2009.

B. That your matrimonial home, where you both resided after marriage, was an
agricultural land, acquired by ancestors of my client through generations of hard
KASHISH GUPTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,
ADVOCATE Nagarbhavi, Bangalore, Karnataka, 560072
HIGH COURT OF KARNATAKA Contact No. 9015207720
Email- Kashish@nls.ac.in

labour. He is the absolute and rightful owner of the Premises located at Plot X/Y,
________, Mysore _______ (hereinafter referred to as “the property”) and has the
absolute right to use and occupy the same at his own will and volition.

C. That my client spent a substantial portion of his own savings and earnings in
nurturing the property, its timely maintenance, and renovation. Despite being a life-
partner you neither motivated my client emotionally nor supported my client despite
knowing that this property is very close to the heart of my client and he was
emotionally attached to this property as it is the last sign of his ancestors.

D. That my client has always extended his support and unconditional love towards you
and has at many times forgiven you for your infidelity. It is pertinent to mention here
that despite having a true loving, caring and loyal partner you continued to talk with
other men at odd hours who you allege to be your colleagues.

E. That on 8 March 2024 it was you, who told my client to end the marriage without
giving any explanation. When my client begged you to explain to him your reasons
behind this decision, while defying his request you chose to pack your bags and
leave on 10 March, 2024.

F. That my client was distraught after you left and looked for you everywhere for the
next few weeks- till he was informed on March 23, 2024 by some employees that
you were occasionally staying in the outhouse. He was shocked that you abandoned
the children and him and to his fears that you may have come to some danger, when
all the while you were hiding away on his property. He also asked you to leave the
outhouse and come home immediately, but you refused while saying that you wanted
divorce and a share in the property.

G. That you have always been negligent towards the children and did not care about
their physical, mental and emotional needs. You always found excuses to abstain
from your parental responsibilities, the way you did when you left the home for
weeks without informing anyone.
KASHISH GUPTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,
ADVOCATE Nagarbhavi, Bangalore, Karnataka, 560072
HIGH COURT OF KARNATAKA Contact No. 9015207720
Email- Kashish@nls.ac.in

H. The facts mentioned by you in the notice are false, frivolous, whimsical and based
upon figment of imagination.

I. That the claims made by you and the facts propounded by you in the notice are
specifically and vehemently denied except the ones specifically admitted.

In response to the specific points raised in your Notice it is stated that:

1. The contents of para 1 of your Notice are legal and hence need no comments.
However, you are informed that you are entitled to no relief as there is no merit in
your notice and you can’t take benefits of your own wrongs in the court of law.
Further, the present response is without prejudice to my client’s rights in law.

2. The contents of para 2 of your Notice are true and admitted.

3. The contents of para 3 of your Notice are denied as false and my client hereby
vehemently denies that you have put in any efforts or resources into nurturing and
developing this cherished property. My client unequivocally denies that you spent
any amount of your own savings in nurturing the farmland and renovating the
outhouse on the property. Further, the true and actual facts as stated hereinbefore be
treated as part and parcel of the response to para under reply.

4. The contents of para 4 of your Notice are admitted and are a matter of fact.

5. The contents of para 5 of your Notice are denied as false and my client hereby
vehemently denies of committing any unacceptable behavior or of any extra-marital
affair or coming home late or having any phone call with women or of being
verbally abusive or to have threatened you with physical violence ever. Such
allegations are completely baseless and are denied in totality. The allegations made
by you are of serious nature and you are hereby called upon to state and provide the
evidence in support of you allegations or otherwise issue an unconditional apology
for this misdemeanor.

Infact, my client has always extended his support and unconditional love towards
KASHISH GUPTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,
ADVOCATE Nagarbhavi, Bangalore, Karnataka, 560072
HIGH COURT OF KARNATAKA Contact No. 9015207720
Email- Kashish@nls.ac.in

you and has at many times forgiven you for your infidelity. It is pertinent to mention
here that despite having a true loving, caring and loyal partner you continued to talk
with other men at odd hours who you allege to be your colleagues. Further, the true
and actual facts as stated hereinbefore be treated as part and parcel of the response to
para under reply.

6. The contents of para 6 of your Notice are denied as the decision arrived at by you is
based upon misconceived facts and figment of imagination. My client is a peace
loving man and the same is believed by his neighbors and friends.

7. The contents of para 7-11 of your Notice are denied as false. On 8 March 2024, it
was you, who told my client to end the marriage without giving any explanation.
When my client begged you to explain to him your reasons behind this decision,
while defying his request you chose to pack your bags and leave on 10 March, 2024.
My client was distraught after you left and looked for you everywhere for the next
few weeks- till he was informed on March 23, 2024 by some employees that you
were occasionally staying in the outhouse. He was shocked that you abandoned the
children and him and to his fears that you may have come to some danger, when all
the while you were hiding away on his property. He also asked you to leave the
outhouse and come home immediately. But you refused while saying that you
wanted divorce and a share in the property. Further, the true and actual facts as
stated hereinbefore be treated as part and parcel of the response to para under reply.

8. The contents of para 12 of your Notice are denied as false. My client is more than
competent and resourceful enough to take care of the children and their needs. My
client is highly committed towards the interest, happiness and well-being of the
children and is always ready to do anything for their physical, mental and overall
development. On the contrary, you have always been negligent to leave the children
and abstained from your parental responsibilities for weeks when you left the home
without informing anyone.

9. The contents of para 13 of your Notice are noted. However, you are informed that
your objectives are not legally sustainable as neither they are based upon true facts
KASHISH GUPTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,
ADVOCATE Nagarbhavi, Bangalore, Karnataka, 560072
HIGH COURT OF KARNATAKA Contact No. 9015207720
Email- Kashish@nls.ac.in

nor are supported by any law.

10. The contents of para 14 of your notice are denied as false and my client hereby
vehemently denies that you are entitled to any share in the property. Further, the true
and actual facts as stated hereinbefore be treated as part and parcel of the response to
para under reply.

11. That your demand from my client, in para 15 (a) of your Notice to cooperate in
seeking divorce by way of mutual consent under Section 13 B of Hindu Marriage
Act, 1965, will not stand valid in the eyes of law, due to the statutory requirement of
both the parties to reside separately for at least one year prior to seeking divorce by
way of mutual consent under Section 13B.

Your demand in para 15 (b) of the Notice for sole custody of children cannot be
deferred owing to your incompetence to take care of the children.

Your demand in para 15 (c) of the Notice for share in the property cannot be agreed
to, since it is an ancestral property and you have no right to claim a share in the
same.

12. In summary I inform you that my client denies any of your investment in the
property or your right for share in the ancestral property. My client denies to grant
you the divorce or the sole custody of children.

13. In response to the contents of the para 16,17 and 18 you are informed that my client
does not want a divorce if you want to return, mend your ways and live peacefully
with my client and children. Further, since my client has committed no wrong he is
not liable to pay any amount towards the cost of legal notice.

In light of the above facts, I urge you to withdraw the Legal Notice as it is baseless,
unsustainable and has absolutely no basis in the Law. Please be advised that I will vigorously
defend my client's legal rights and interests arising out of or in relation to this matter if he
KASHISH GUPTA NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,
ADVOCATE Nagarbhavi, Bangalore, Karnataka, 560072
HIGH COURT OF KARNATAKA Contact No. 9015207720
Email- Kashish@nls.ac.in

wishes to approach the appropriate legal forums to enforce his rights for restitution of
conjugal rights.

At this stage, in order to cause no more mental trauma to himself and children owing to this
matter, my client is willing to come forward to settle this matter amicably through dialogue
and mediation. If you wish to settle the matter, l urge you to come forward within ten (10)
davs of receipt of this response to your Notice, failing which I would advise my client to
proceed to seek appropriate legal remedies entitled to him under Law.

The professional fee of Rs 10,000/- for this notice is payable by you.

Please be notified as above.

Kashish Gupta
Advocate
21.04.2024