Amended Reply DV Act

IN THE COURT OF MS.
SHIVANI CHAUHAN,
METROPOLITAN MAGISTRATE SAKET COURTS, NEW
DELHI
IN THE MATTER OF:
SMT. SAVITA DUBEY ...COMPLAINANT

VERSUS
SMT. SUDHA SHARMA ...RESPONDENT
REPLY ON BEHALF OF THE RESPONDENT TO THE

APPLICATION UNDER SECTION 12 OF DOMESTIC
VIOLENCE ACT ON BEHALF OF THE COMPLAINANT
MOST RESPECTFULLY SHOWETH:
PRELIMINARY SUBMISSIONS:
That the above named respondent most respectfully state and

submit as follows:
1. The Application is liable to be dismissed as it is an abuse of
process of law and the Petitioner has not come before this
Hon'ble Court with clean hands.The Petitioner is not entitled
to any relief as she is guilty of suppression of true and
correct facts.
2. That, the Application filed by the complainant is baseless,
meaningless and not at all maintainable in the eyes of law,
as such, the same is liable to be dismissed. The entire
application has been based on false allegations and general
allegations without any concrete evidence.
3. That the Respondent was married to Satish Sharma (since

deceased) brother of the complainant in the year 1989 and
lived a peaceful married life with her husband and two
daughters namely Mannat and Riddhi till the death of her
husband in the year 2012. That it is pertinent to mention
that at the time of the marriage of the respondent the
financial condition of the in laws of the respondent was not
stable, father was retired , daughters were not settled either.
kiran sharma was in pvt job in korean embassy and many a
times respondent alongwith her husband went in the middle
of the night to bring her home, complainant was a hard core
alcoholic nd a heavy smoker. when asked what these people
wanted in dowry, reply was we have everything but slowly
and slowly respondent came to know that they wanted hard
cash as the whole family had bad habits nd there was a huge
pending electricity bill which nobody in the family took
initiative to pay nd when there was a notice to cut
connection, it was paid by us.from the very beginning satish
had said that this is his house and since everybody is living
here without paying rent small bills at least should be paid
by them but all wanted us to bear all the expenditure of the
house and sometimes it used to become so bad that i used to
shiver while eating. That it is further pertinent to mention
that the respondent was in job even before her marriage
which she continued even after her marriage and she is due
to retire in the year 2016.
4. That the complainant is a lady who is a habitual drinker and

smoker and it was not possible to even stand near her leave
apart talk to her as door door tak uski body se smell aati
thee. As she was involved in various relationship with other
people since her college days. That it is respectfully
submitted that the complainant is a lady of outdoor
character who never bothered to fulfil her family obligations
due to her involvement in extramarital relationships and her
deep involvement in smoking and drinking. That it is further
submitted that Complainant along with her husband came to
the matrimonial home of the respondent and started living
with the respondent and never went back despite repeated
request from her husband to take her back.
5. That it is pertinenet to mention that at the time of the

marriage of the Respondent the financial postion of the in
laws of the respondent was very bad therefore respondent
who was already in service/job even before her marriage
financially helped her husband to buy three plots after
marriage with her savings , out of which two plots were sold
out by the husband of the respondent for managing the
affairs of the family of her in laws in intervals. That it is
pertinent to mention that the third plot was sold off in the
year 2008 for the well being of the real sister of the
complainant, child of the complainant and the mother of the
complainant.
6. That it is respectfully submitted as the husband of the

respondent sold all the three plots for the well being of the
family members, including the complainant and her children
which made the complainant to think that her any demand
can be fulfilled by the husband of the respondent. That with
the passage of time complainant started making
unreasonable demand of money for the well being of her
child which was denied by the husband of the respondent as
he had already sold all the three properties which were in
the name of the husband of the complainant for the well
being of the respondent in laws family members. That feeling
aggrieved by the aforesaid conduct of the respondent’s
husband conduct complainant along with her real sister
Kiran Sharma started torchering and harassing the
respondent as well as her husband and created an
unfavourable environment in the matrimonial household of
the respondent due to which husband of respondent who was
already suffering from chronic calcific pancreatitis since july
2007, developed stress ulcers and fell sick to which he never
recovered. It is respectfully submitted that the complainant
was not aware about her brothers (Satish Sharma husband
of the respondent) ill condition as she was always raising
her own problems so as to harass and extract money from
the respondent under the guise of her difficulties/problems.
and were also pressurising them to adopt her son as they
had only daughters to which both of them always
said our daughters are our sons.
7. That it is very pertinent to mention that the major

contribution in the current property i.e. 488, Mandakni
Enclave was contributed by the husband of the respondent
as the aforesaid property was initially booked in the name of
the father in law of the respondent but it was cancelled due
to non payment of the booking amount thereafter husband of
the respondent paid the entire amount and it was revived
back in the name of the father in law of the respondent in
the year 1985. That it is further submitted that despite the
fact that the major share in the current property was
contributed by the husband of the respondent, complainant
herein, is making a baseless demand that the aforesaid
property be allotted in the name of the complainant.
8. That it is pertinent to mention that the shares were

purchased by the husband of the respondent and his family
in different joint names and as the value of the shares kept
on increasing the greediness of the complainant and her real
sister, Kiran Sharma, also kept on increasing. That when the
prices of the shares reached zenith complainant and Kirna
Sharma kept all the shares with them and refused to
handover the share of the husband of the respondent and
pressurized the husband of the respondent to sign on the
documents of the property so as to grab the property in their
name. That as all these shares were purchased by the
husband of the respondent in which the name of the husband
of the respondent also appears as the first or second
shareholder, therefore all these shares are liable to be
transferred in the name of the respondent and her daughters
as the two daughters are at vulnerable stage and still
studying and the respondent is due to retire in Feb. 2016.
9. That the respondent has been harassed by her mother in

law, complainant and her real sister Kiran Sharma for dowry
and the complainant has been constantly demanding an
amount of Rs. 20,00,000 from the respondent since 2007 for
the settelement of her son. That when the respondent
declined to the aforesaid demand of Rs. 20,00,000, this false
case of domestic violence has been filed against the
respondent so as to extort the money from the
respondent.The only time respondent's mother in law will
not curse her was on karvachauth. otherwise constant
harrassment was jhonpri se aayi hai etc.
PARA WISE REPLY
1. That the contents of paragraph number 1 of the application

is a matter of record and needs no reply.
2. That the contents of paragraph number 2 are misconceived,
wrong and are denied. It is denied that respondent has
subjected the complainant to any kind of physical or mental
torture and the respondent along with her husband has
always tried to fulfil the demands of the complainant and her
family members. That the fact of the matter is that the
respondent has been harassed by the complainant and her
family members for the want of dowry and has always
pressurised the respondent to give an amount of Rs. 20 lacs
to the respondent for the settlement of the respondent’s son.
3. That with reference to the paragrpagh no. 3 of the
application, the respondent does not admit entire
contentions being totally baseless and meaningless and false
allegation. In addition the respondent is admitting that the
designation of the Mr. K.C. Sharma is correct but the
complainant, her mother and her sister Kiran Sharma has
always used the name and designation of Mr. K.C. Sharma
so as to build their status in the society. That the last
paragrpagh of the para 3 stating that the property in
question i.e. Property No. 488, Mandakani Enclave, New
Delhi- 1100019 was purchased by Mr. K.C. Sharma is wrong
and incorrect and therefore it is denied. That it is pertinent
to mention that the major share in the property in question
was contributed by the husband of the Respondent.
4. That the contents of the paragrpagh no. 4 are wrong and
hence denied. The fact of the matter is that the Complainant
was neither divorced nor legally separated from her
husband. That it is respectfully submitted that the
complainant left her matrimonial home because of her extra
marital relationship and her addiction towards smoking and
drinking. That the behaviour of the complainant was very
bad towards her husband and her in laws due to which
complainant was never called back to her matrimonial home
not even at the time of the death of the husband of the
complainant.
5. That with reference to the contents of the paragrpagh no. 5
the respondent does not admit entire contentions being
totally baseless and meaningless and false allegations. In
this regard it is submitted that the complainant has
attempted to create concocted stories against the respondent
without any concrete evidence. That the fact of the matter is
that at the time of the marriage of the respondent the family
of the complainant was undergoing financial problems to
which failure of marriage of the complainant and the
problem of not getting married her real sister Kiran Sharma
was mountimg huge pressure in the family of the
complainat. That it is further submitted that respondent
never used filthy language to any member of the
complainant’s family. She heard the word Bitch first time
from the complainants mouth and saw that her photographs
were destroyed and torn from her husbands. That the
complainant feeling frustrated with her matrimonial life
constantly tried to create distrust and problems between the
respondent and her husband. That it is wrong and denied
that there were any discord between the respondent and her
husband. That it is respectfully submitted that complainant,
her sister and her mother used to harass the respondent
because all of them were extremely dissatisfied with the
respondent due to her failure to fulfil the huge demands of
their dowry. That it is further submitted that as the family
of the complainant was undergoing financial problem;
complainant and her sister Kiran Sharma started
pressurizing the respondent to give money to them from her
saving of last nine years as well as started eyeing on her
provident fund so that the pending bills of the electricity as
well as other bills can be cleared, which infact was later on
cleared by the respondent and her husband only. That it is
pertinent to mention that the complainant and her sister
Kiran Sharma have always been fond of gossiping and
spreading false stories in the neighbourhood so as to lower
down the reputation of the respondent in the society and
always tried to create problems between the respondent and
her husband on even the most trivial issues by telling lies to
the husband of the respondent.
6. That with reference to the contents of the paragraph number

6 it is submitted that the contents are wrong, baseless and
therefore denied. That the fact of the matter is that on 2 nd
August, 1990 respondent gave birth to a girl child namely
mannat. That it is pertinent to mention that at this crucial
time of the delivery of her daughter respondent was kept
away from her husband as complainant and her mother has
sent the husband of the respondent to look after his friend
who was not keeping well due to which respondent had to go
to hospital in the neighbour’s car and the respondent’s
demand to call her husband was never put into the ears of
her husband so that the respondent can be kept away from
her husband at the crucial time of her delivery. That the
harassment of the complainant along with her sister and
mother increased after the respondent gave birth to a girl
child and they called it as the most unfortunate event of
their life because respondent has given birth to a girl child as
against their wishes to a male child. That as the respondent
gave birth to a female child the complainant and her family
members started making discrimination between the male
child of the complainant and the female child of the
respondent and started giving more preference to the male
child of the complainant. That due to the birth of the girl
child complainant and her mother harassed the respondent
to an extent that she was not allowed to enter into the
kitchen and cook food and was asked to bring food for herself
from outside. That with the passage of time as the girl child
of the respondent started growing harassment at the hands
of the complainat and her family members also started
mounting,they used to throw the belongings of the girl child
and the respondent if they used to keep it at any place except
the room of the respondent; the respondent used to turn on
the television on a very loud voice only at the time when the
female child of the respondent sit to study. That the
complainant and her mother have tried to dissuade the
respondent and her daughter from using the common area
considering the house to be their wholesome property.
7. That with reference to the contents of paragraph number 7 it

is submitted that the contents are wrong, baseless and
therefore denied. That the fact of the matter is that the
father of the complainant had developed heart ailment was
infact due to the kind of environment which was being
created by the complainant and the main reason for the
same was that his two daughters aged 30 and 41 were on his
head, creating unres at home and interfering in their son’s
family life. That it is denied by the respondent that she had
ever bolted the door of the toilet in the late night when the
father in law of the respondent wanted to use the washroom
situated on his floor. That the aforesaid allegation on the
respondent has been framed by the complainant without any
concrete evidence. That the it is denied that at the time
when the father in law of the respondent was admitted in the
hospital respondent went for a holiday. That it is further
denied that at the time when the father in law of the
respondent was hospitalised all the expenses were borne out
by the complainant’s sister. That it is respectfully submitted
that at this juncture as the husband of the respondent was
wholly looking after his father due to his illness husband of
the respondent went out of business and therefore sold out
the second plot located at Jaitpur which was purchased by
the joint contribution of money from respondent and her
husband so as to take care of the respondent’s father in law.
complainant as the respondent has seen in al l these years
has not even once looked after her parents , son or brother ,
never ever spent a penny on anyone except demanding with
open hands.what was she doing when her father was sick?
drinking to the hilt and lying down wherever she wished in a
not to be seen position. finances were managed by us and
not her and her real sister.
8. That with reference to the contents of the paragraph

number 8 of the application, the respondent deny entire
allegations. In this regard it is submitted that the
complainant has attempted to create concocted stories
against the respondent, without any concrete evidence. That
it is respectfully submitted that mother in law of the
respondent fell in the bathroom as she was very old and was
having some problem in walking and did not fell at the
dining table as no one was ever sitting and eating at the
dining table.That it is pertinent to mention that complainant
fell down while travelling by an auto and no one else other
than the husband of the respondent took her to the hospital
despite the fact that her real sister was also working and she
had a grown up boy having his car. That it is further
submitted that in the end of year 1996 husband of the
respondent assaulted the respondent as the respondent has
asked for divorce as her frustration level reached at its
highest peak due to the harassment which was being
imparted on the respondent by the complainant along with
her sister and mother in law. That the husband of the
respondent caught hold of the neck of the respondent and
pulled her hair as she has asked for divorce thereafter
mannat the child of the respondent intervened and asked the
respondent to go away from this place so as to protect herself
and in order to protect herself respondent decided to leave
her matrimonial house and respondent husband and Kiran
Sharma took her to her parents house where again kiran
sharma misbehaved with the family though respondent was
in constant touch with her daughter as the respondent was
not allowed to take her daughter along with herself.
9. That with reference to the contents of the paragraph number

9 of the application, the respondent deny entire contentions
being totally baseless and meaningless and false
allegations.That it is submitted that as the husband of the
respondent had sold the plot at Jaitpur at the time of his
father’s illness and some money was saved from the selling of
the aforesaid plot husband of the complainant decided to
construct a garage in the extra space available in the house
for his personal use as office and at all this time respondent
contined to meet her daughter as she was working in GK-II
area only and after sometime husband of the respondent and
in laws of the respondent realised their fault and apologized
to the respondent and asked the respondent to come back as
there was some extra space available for the privacy of their
family but there also,complainant will come and sit to which
many a times mannat asked her, bua kya kaam hai. even at
such a small age she knew everybody needs privacy
sometime orthe other . That it is pertinent to mention that at
the time when respondent was living at her parents house
husband of the respondent used to visit the house of the
parents of the respondent and made several request to the
respondent to come back to her matrimonial home.
And again a lot of money was spent by the respondent at this
time to make payment to the labour who were given notice. this
time around riddhi was born in july 1998, and the only person
in inlaws was father in law.

allegations. That it is pertinent to mention that the husband
of the respondent used to drink even before her marriage to
which respondent was instrumental in getting him to leave
his drinking habbit. That it is further submitted that the
husband of the respondent has tried on a couple of occasions
to put kerosene on himself just to scare the complainant and
her sister so that the harassment which was being imparted
on the respondent by the complainant and her sister could be
stopped but the complainant and her sister Kiran Sharma
instead of stopping the problems which was being created by
both of them they started shouting by pointing towards the
respondent that “yeh humein maar degi”. That after the
aforesaid incident respondent again wanted to leave the
matrimonial house along with her daughters but the
husband of the respondent did not let them go stating that
“is ghar se jaan a hai to meri laash se hoke jana hoga” after
which respondent did not leave. That it is also submitted
that husband of the respondent never lodged a complaint but
the sister of the complainant Kiran Sharma in order to take
a preventive measure herself went to the police station and
lodged a complaint when the husband of the respondent
repeated the same incident again as the husband of the
respondent was forced by Kiran Sharma to leave the house.
That the husband of the respondent also warned her sisters
not to pressurise him to leave the house as the property in
question was bought with the hard earned money by the
husband of the respondent and he had the Affidavit stating
that father of the husband of the respondent had left the
house for the husband of the respondent which the husband
of the respondent wanted to give to his children. That it is
further submitted that husband of the respondent never
kicked his sisters to move away from home as the husband of
the respondent was very much attached to his mother and he
did not wanted to hurt his mother in any manner. That it is
further submitted that the complainant has very little
knowledge about the health of the respondent’s husband as
complainant was always interested in the property of the
respondent’s husband and nothing else. That the
respondent’s husband had already told her that he was
having some problem in digestion as his hole of duodenum
was small and was advised a little operation earlier also.It is
pertinent to mention here that on 08.02.2009 respondent’s
husband was admitted in private wards of AIIMS for
operation regarding pancreatitis but by gods grace he was
discharged with a warning to quit smoking. That it is
respectfully submitted that the husband of the Respondent
was suffering from the digestive problems and used to take
strong pain killers even thrice in a day at times since the
beginning of the year 1989.

allegations. That it is submitted that husband of the
respondent was admitted in the AIIMS in year 2012 for a
period pof 40 days i.e. from 16th Decemeber-26th January
2012, i.e. till the day of the demise of the respondents
husband. That it is pertinent to mention that in all these 40
days of suffering respondent was looking her husband alone
without any kind of support neither financially nor
emotionally from the family members of the complainant and
the bill for the medical treatment of the respondents
husband was borne alone by the respondent only.respondent
alongwith her daughters mannat and riddhi fought for the
life of satish but he was left with no WIll to live as he was
being pressurised by kiran sharma to sign off the property
papers to get the house transferred in her name. since he
was attatched with the house and this was the only asset
made by him for his wife and daughters in the entire career,
he was not able to take this pressure from his own sister for
whom he had done everything as they were not settled, he
fell sick never to recover. in the hospital, he always asked for
his wife's presence despite her asking him if she can take a
break for a day to which his answer was tu bhi mat aa par in
logon ko naa bhejna. That on 14th January, 2012 husband of
the respondent wanted to go home to take bath as it was
sakranti and respondent took him to his house in her sisters
car as it was very cold at that time but the behaviour of the
complainant her sister and her mother did not change even
at this juncture and the respondent took her husband back to
the hospital as he said to the respondent “sudha mujhe
wapis le jaa I am not able to breathe with these people under
this roof”. That the husband of the Respondent also wanted
to take out his Power of Attorney which was given by the
father in law of the respondent in the name of the
Respondent’s husband but due to his illness he was unable to
take the aforesaid power of attorney in his possession.
allegations. That the fact of the matter is that neither the
complainant nor her sister ever bothered to change their
attitude even after the death of the husband of the
respondent and always used to taunt the complainant that
her husband had died without signing the papers of the
property as all of them since inception wanted to grab the
property, therefore complainanat along with her sister and
in collusion with her mother made a forged will dated
14.06.2012 of the property in their favour and thereafter
started harassing the complainant and her daughters to
move away from the house. That it is further submitted that
complainant and her sister Kiran Sharma always
encouraged their maids to speak in a foul language and
against the respondent which made it difficult for the
respondent to enter into the kitchen; that against the
behaviour of the maids respondent has made complaint to
police even but everytime when police asked the complainant
and her sister to change their maid they used to reply that
wont change their maid. maid has this liberty to throw the
respondents utensils etc and break them to which kiran
sharma bucks her up with the words very good, she deserves
it.After filing a case with malafide intentions, there
behaviour has become worse thinking they have the licence
now to torture and harrass the respondent as under.
13. hamare pair parti to kuch de bhi dete, husband ko maar
kar bhi datii hui hai. maa baap bhi nahin le jaate aisi larki
ko. yahan pare hain. jashan mana rahe hain.

allegations. The entire content’s of paragraph number 13 has
been based on false allegations and general allegations
without any concrete evidence.

without any concrete evidence. That it is also pertinent to
mention that as the complainanat and her family members
since inception wanted to grab the property, therefore
complainanat along with her sister and in collusion with her
mother made a forged will dated 14.06.2012 of the property
in their favour and that the complainant has made a
baseless allegations against the respondent without
specifying the date and number of complaint if any.
without any concrete evidence. That the contents of
paragraph number 15 does not say that when various
complaints was made against the respondent.

without any concrete evidence. In this regard it is submitted
that the complainant has attempted to create concocted
stories against the respondent, without any concrete
evidence and is only repeating the content in a general way
in all the preceeding paragraphs.

without any concrete evidence. That it is submitted that
respondent has never bolted the door of the kitchen from
outside as most of the time respondent is out of the house
and only time when the respondent is in kitchen is the time
of cooking foof for herself and her daughter and even that
time respondent is harassed by the complainant and her
maids.
without any concrete evidence. That it is pertinent to
mention that complainant by mentioning the name of the
daughters of the respondent is trying to impute false
allegations against them without their any role in anything.


allegations. The entire content of paragraph number 20 has
without any concrete evidence. That it is pertinent to
mention that respondent does not keep any kind of personal
belongings in the living room and neither the respondent nor
her daughters used to visit the living room because of the
fact complainant and his son Hunnar Dubey has put a
camera in the living room and common room as well and
started taking videos of the respondent and her 16 year old
daughter and they mock the respondent and her daughter by
saying that we are recording you. Here respondent is under
constant fear of complainant , kiran sharma,shivani and
hunar dubey who can anyday poison the food which is made
by resp. in the morning for her daughter and is left on the
table, which is fiddled with afterwards when she leaves for
office and nobody from her side is in the house. HEr things
are lying in open and resp. had already lost many expensive
things including jewellery.It is pertinent to mention
here that resp. whenever wanted to buy furniture, her inlaws
will not allow her but will use the money for their luxurious
living like 24 hours heater in all the rooms of theirs was one
of many luxuries , enjoyed by them.
allegations. That it is respectfully submitted that as the
relatives of the respondent are well settled and are in very
good financial condition due to which complainant started
mounting pressure on the respondent to ask for 20 lakhs
from the relatives of the respondent as complainant would be
needing it to settle his 32 year old son Hunnar against whom
a police complaint had already been registered for
misconduct. That when respondent denied for the same
complainant threatened the respondent that if she would not
ask for the money from her relatives then complainat would
lodge a false case of attempt to kill the son of the
complainant and her sister. That it further submitted that
son of the complainant has acted violently on multiple
occasions by banging doors at late midnight, throwing things
and has tried to establish dominance by violent physical
gestures and by shouting at the respondent and on her
daughter. That it is also submitted that son of the
complainant does not have any respect for the complainant
and is of extremely irresponsible nature.

number 23 of the application it is submitted that the content
of para no. 23 is a matter of record and therefore needs no
reply.

number 24 of the application it is submitted that the content
of para no. 24 is a matter of record and therefore needs no
reply.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court
may be pleased to order:
(a) That the application under reply made be dismissed with
heavy cost;
(b) Any other order as this Hon'ble Court may deem fit and
proper in the facts and circumstance of the present case.
RESPONDENT
Through
ANAND DEY
Advocate for the Respondent
Place: Delhi
Dated: __.11.2014
VERIFICATION
Verified at Delhi on this____day of November, 2014 that the contents
of the above reply to the application under section 12 of the Domestic
Violence Act, 2005 from paras 1 to 24 are true and correct to the best
of my knowledge and belief and nothing material has been concealed
or suppressed and no part of it is false.
RESPONDENT
Place: New delhi

Dated:__.11.2014

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IN THE COURT OF MS.

IN THE MATTER OF:

SMT. SAVITA DUBEY ...COMPLAINANT

REPLY ON BEHALF OF THE RESPONDENT TO THE

MOST RESPECTFULLY SHOWETH:

That the above named respondent most respectfully state and

3. That the Respondent was married to Satish Sharma (since

4. That the complainant is a lady who is a habitual drinker and

5. That it is pertinenet to mention that at the time of the

6. That it is respectfully submitted as the husband of the

7. That it is very pertinent to mention that the major

8. That it is pertinent to mention that the shares were

9. That the respondent has been harassed by her mother in

PARA WISE REPLY

1. That the contents of paragraph number 1 of the application

6. That with reference to the contents of the paragraph number

7. That with reference to the contents of paragraph number 7 it

8. That with reference to the contents of the paragraph

9. That with reference to the contents of the paragraph number

10. That with reference to the contents of the paragraph

11. That with reference to the contents of the paragraph

14. That with reference to the contents of the paragraph

15. That with reference to the contents of the paragraph

17. That with reference to the contents of the paragraph

18. That with reference to the contents of the paragraph

20. That with reference to the contents of the paragraph

21. That with reference to the contents of the paragraph

24. That with reference to the contents of the paragraph

25. That with reference to the contents of the paragraph

Verified at Delhi on this____day of November, 2014 that the contents

of the above reply to the application under section 12 of the Domestic

of my knowledge and belief and nothing material has been concealed

or suppressed and no part of it is false.

Place: New delhi

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