BEFORE THE LEARNED RAILWAY MAGISTRATE, JAMMU. Smt. Taruna Gupta D/o Sh. Nirmal Kumar Gupta Rlo H.No.7, Lane No.5, Green Avenue, Near Ansal Apartments, East Extension, Trikuta Nagar, Jammu ..-Petitioner Versus Sh. Gourav Mahajan S/o Sh. Ashok Kumar Rio 751, Mangalam Towers, ‘SBP Housing DeraBassi, Punjab ..Respondent IN THE MATTER OF: - Application u/s 25 (2) of D.V Act for alteration of the order dated 26.08.2019 passed by the Hon'ble Court. MAY IT PLEASE YOUR HONOUR: - 1. That the above noted case is Uls 12 of PWDV Act 2005 and is pending trial before this Hon'ble Court and fixed for 18.08.2020 2. That both petitioner and the respondent ate qualified and have their respective sources of income as per the documents submitted to the Hon'ble Court. } The Petitioner has been serving as a Private School Teacher and as an Author of the book, as clearly mentioned in the copy of the book writen by o: : 5 a 4 : her, submitted to the Hon'ble Court. The copy of the preface of the book is annexed herewith and marked as ANNEXURE-A. That the respondent is the sole bread earner of his family of old parents and a 6 years old daughter, whose full maintenance, education and care is being taken care of by the respondent himself and despite being her mother and an equal party to maintain the minor daughter, the petitioner has not been paying anything for the maintenance of her daughter. That the respondent has old parents both above the age of 65 years who are facing various old age ailments and are fully dependent upon him for all financial and medical requirements That in order to take good care of his family, the respondent was forced to take several loans, the installments of which he is still paying. That this Hon'ble Court vide its said order was pleased to direct the respondent to pay a sum of Rs 10,000 per month on account of interim maintenance and Rs. 5000 for the rented accommodation from the date of the order. That despite being the single bread earner of the family and having the salary as his only source of income, the respondent has been paying a decent and convenient amount to the petitioner, hence respecting the order by the Hon'ble Court. That due to the notices and summons sent by the petitioner to the office of o respondent, the respondent felt aggrieved and humiliated, was. uitimatel , el forced to resign from his previous job in the month of December 2019, Zhad found another job to take care of 10. That after some struggles, respondent y in the month of Jan 2020 onwards. his family, and started receiving his salar ‘41.That due to the recent ongoing pandemic of COVID19, the respondent has been getting a cut of 10% in his salary every month and may to see more drastic financial crises in coming months. Further it point out here that due to said situation, the respondent is finding it difficult to even be forced it is relevant to even sustain himself. 12. That now the circumstances have been changed and the same are absolutely different and the respondent now stands under severe mental stress and tensions due to this ongoing case, financial stress and uncertainty of his professional future and the future of his daughter. 13. That it is also pertinent to mention here that the petitioner is an able bodied, well qualified and experienced person, who has also written a book and earning income and royalty from the sales of the book on the online medium. ‘The petitioner has also paid a handsome amount to the publisher of her book despite falsely claiming vagrancy in her affidavit and falsely choosing willful unemployment for the sake of earning monthly mait : lao 9 ly maintenance and harassing 14 That the payment of maintenance during these unprecedented tim eee the respondent to face grave injustice and financial hardships si Teh inc be under double burden to meet his family expenses and to the i nee petitioner. On the other hand the petitioner is living a stress-less li -less life staying wit ith her famil ly and parents without any expenses to take car © of. Hence i IN @ good condi ition to maintain herself.An affidavit in support of application is enclosed herewith. In the premises: - It is, therefore, most respectfully prayed before the Hon'ble Court may very kindly be please to modify/ alter the order dated 26.08.2019 and stay the operation of the order dated 26.08.2019 till the final disposal of the application on merits. Any other relief, direction or order which this Hon'ble Court may deem fit in the interest of justice and in favour of the respondent. aa Through counsel Dated: - blo |» Place: - JammBEFORE THE LEARNED RAILWAY MAGISTRATE, JAMMU. Smt. Taruna Gupta Vis Sh. Gourav Mahajan INTHE MATTER OF:- Affidavit in support of accompanying application. |, Gouray Mahajan, age 37 years S/o Sh. Ashok Kumar R/o 751,"Mangalam Towers, SBP Housing Dera Bassi, Punjab being the applicant and fully conversant with the facts of the case do hereby solemnly affirm and declare as under:- 1. That the accompanying application has been drawn and drafted by my counsel under my instructions, 2. That the contents of the accompanying application are true and corre: DEP VERIFICATION Verified at Jammu on this the\® day of June,2020 tha affidavit are true and correct to the best of my knowled t the contents of this 98 and belief and nothing has been concealed therefrom. Awe DE ITBEFORE THE LEARNED RAILWAY MAGISTRATE, JAMMU. Smt. Taruna Gupta Vis Sh, Gourav Mahajan Inthe matter of:- Application seeking exemption from filing the duly attested affidavit. May it please your Lordships: - The applicant / petitioner company most respectfully submits as under: - 1. That the applicant has filed the accompanying application u/s 25 (2) of D.V Act for alteration of the order dated 26.08.2019 passed by the Hon'ble Court. 2, That due to the prevailing situation which has arisen because of the proclaimed down due to spread of corona virus in the country, the applicant is not in @ position to file the duly attested affidavit and accordingly the applicant seeks the exemption from filing the duly attested affidavit. 3. That the applicant hereby undertakes to pay the requisite stamp fee after the lifing of lockdown. 4 That the application is bona fide and therefore the Hon'ble Court may allow the exemption as sought to the applicant. An affidavit in support of application is enclosed herewith, In the premises: - It is, therefore most humbly prayed that the Hon'ble kindly be pleased to exempt the applicant from filing dul without proper stamp fee and allow the applicant to dep stamp fee on the lifting of lockdown Court may very ly attested affidavit osit the Plicant Through counselBEFORE THE LEARNED RAILWAY MAGISTRATE, JAMMU. Smt, Taruna Gupta Vis Sh. Gourav Mahajan INTHE MATTER OF: Affidavit in support of accompanying application. |, Gourav Mahajan, age 37 years S/o Sh. Ashok Kumar R/o 751, Mangalam Towers,SBP Housing DeraBassi, Punjab being the applicant and fully conversant with the facts of the case do hereby solemnly affirm and declare as under:- That the accompanying application has been drawn and drafted by my counsel under my instructions. 2. That the contents of the accompanying application are true and corregt EPONEATT VERIFICATION:- Verified at Jammu on this thes day of June, 2020 that the contents of this affidavit are (rue and correct to the best of my knowledge and belief and nothin, 1D has been concealed therefrom, D ENT