1

0IN THE COURT OF PRINCIPAL JUDGE

FAMILY COURT ,MATHURA

Case No. …………./2017

Ruchi Saxena Versus Vishal Saxena

U/s. 125 Cr P.C.
PS Highway, Mathura

WRITTEN STATEMENT ON BEHALF OF OPPOSITE PARTY HUSBAND

VISHAL SAXENA S/O KESHAV RAM SAXENA R/O SANGAM VIHAR
COLONY, NAGALA TIKONA, ALIGARH:

Sir,

Abovenamed Opposite Party Husband most respectfully replies as hereunder:

PARAWISE REPLY

1. That facts stated by Complainant in para 1 of her complaint are acceptable to

the extent of solemnization marriage on dated 15/02/2002 with Opposite
Party Husband rest are vehemently denied.

2. That facts stated by Complainant in her Complaint in Para No. 2 (aa) are
bundle of false and frivolous facts hence denied in their entirety.

3. That facts asserted by the Complainant Para No. 2 (ba) are entirely false facts
which the Complainant herself knows thus denied absolutely.

4. That facts stated by Complainant in her Plaint in Para No. 2 (sa) are
manipulated, false and frivolous facts hence denied.

5. That facts stated by Complainant in her Plaint in Para No. 3 are absolutely
false as the complainant is in employment working since marriage
continuously and still working hence denied in their entirety.

6. That the facts stated by Complainant in her Plaint in Para No. 4 are highly
manipulated hence not acceptable.
 2

7. That the facts stated by Complainant in her Plaint in Para No. 5 and its sub
clauses from (aa) to (da) are bundle of false and frivolous and without any
reasonable base and entirely denied .

8. That the facts stated by the complainant in para no. 6 of her complaint doe not
require any comment.

9. That facts stated by in Para No. 7 does not contain true facts rather facts are
manipulated and real facts are concealed with ill motive hence denied entirel..

SPECIFIC STATEMENT

1. That the Opposite Party Husband’s marriage was solemnized with

Complainant on dated 15/02/2002 i.e. around 15 years ago without any
dowry in very simple marriage function as per the Hindu rites and ceremony.

2. That all the details about the income of the OP husband not only false,
frivolous, and baseless but hilarious too ,as the Complainant claims that
Opposite party Husband is working business of pan gutkha and masala of
cycle hawkers also doing lands sale and purchase, earning rent from property
and in total is earning Rs. One lakh Thirty Five Thousand per month where
as the first class officer does not earn 50 thousand “in hand income” per
month and what to talk about the income of Opposite party Husband who is
suffering from severe “Ulcerative colitis” whose treatment is going on
Deendayal Hospital, Dr. Praveen Varshney, Dr. Navneet Maheshwari others
doctors who is not in position to work from last one year due to suffering
from such disease in respect of which complainant wife is very much aware .

3. That all claims stated by the Complainant wife in respect of the income of
applicant husband’s are entirely false as applicant does not earn any income
as claimed by the applicant further Complainant wife does not hold any proof
of the same.
 3

4. That the complainant wife with ill motive by concealing and subverting the
real facts and only placing manipulated facts about the income and current
JOBLESS employment status of the applicant husband so as to lead to court to
draw wrong conclusion thereby abusing the process of judicial proceedings.

5. That applicant wife at the time of marriage Ruchi was post graduated in
Indian Music (M.A.), and certificate course in vocal music from Prayag
Sangeet Sammelan, Allahabad, having diploma of Tailoring and Allied Craft
course from Women Ats School, Gheeya Mandi, Mathura and holding other
qualifications also and after the marriage too completed M.A. in Hindi and
computer course from Uptron Powertronics Limited etc. that Complainant
wife since marriage was in employment and served as teacher “in S.P.S.
Public School, Dhanipur Aligarh , after that in Verdhman Public School,
Aligarh, and lastly worked in prestigious school Ingraham institute English
School, Rampur, Kasimpur, Aligarh as music teacher till dated 19/09/2016
and her last drawn salary from Ingraham institute English School while leaving
Aligarh was Rs. 10000/- (Ten thousand) per month and EPF deduction was Rs.
1010/-, and her PF Account No. is 0059593/000/0000046 with Emp. Code 58.”

6. That real facts is that currently the Complainant wife is working in Sunrise
Public School, Goverdhan Road, Mathura as teacher also earning around Rs.
25000/- per month apart from this the Complainant use to give home tuitions
by which she is earning around Rs. 5000/-.i.e. in total earning Rs. 30000/- per
month , it is important to note she is not burden with any responsibility as
both daughters namely Shruti Saxena aging around 14 years Shakshi Saxena
aging around 13 years who are respectively studying in 9 th, 8th class in convent
Raghuver Bal Mandir, Aligarh are living with the Opposite party Husband
and with grand mother Smt. Pramod Kumari aging around 73 years and
grand father Shri Keshav Ram Saxena aging around 78 years whose
educated, whose educational, medical, fooding expenses etc entirely born by
opposite party husband and his old age pensioner father.

7. Thus first she is holding professional qualification and also working and
capable of work thus so as per the principle of law applicant is very much
able to maintain herself indpendently hence does not falls within the
 4

category of “NOT ABLE TO MAINTAIN HERSELF” as per pre requirement

of 125 of CrPC, 1973 , Further if after some time applicant wife leaves the job
then claim maintenance it amounts to deliberately not working for claiming the
maintenance as expressed in Judicial pronouncements.

8. That Opposite party Husband was in habit of meeting unknown people and
making unknown person friend to whom the Complainant and his family
members does not know, further she was having routine tendency of coming
to house very late after 7 pm from the school .

9. That the dark side of the story is that complainant husband had filed divorce
petition before Principal Judge Family Court , Aligarh M.P.No……./2016
Vishal Saxena Vs. Ruchi Saxena on the ground that Complainant wife living
in adultery i.e. adulterous life , where it is important to note that the both
minor daughter of the Opposite party Husband herself told to the applicant
husband that their mother to use meet the Lakshmikant in closed room in
objectionable position at home in their father absence and used to send the
both daughter forcively out of the home to play. That after getting
information about adulterous life of the complainant wife when applicant
husband started to kept keen watch over opposite party wife secretly ,
applicant husband found through whatapp message, audio, video ,act
omission of complainant wife that the Ruchi was having illicit relation with
the Lakshmikant and was also in active relation with person named as Abbas.

10. That finding no other means to save his matrimonial life on dated 10/09/2016
OP husband filed application as the Jwalapuri Chowki of PS Quarsi against
the Lakshmikant in respect of having illicit relation at that time too protected
the wife as she sated “kewal is bar mere mathe ka kalank hata do” on the
same day itself the Lakshmikant admitted the guilt of illicit relation with the
Opposite party Husband wife and asked apology so as not to repeated the
such incident in future in writing on dated 10/09/2016 in presence of witness
namely Lalit Kumar Verma(who is real brother of Lakshmikant), Dinesh
Pathak, Mukesh Kumar , further applicant husband also informed about such
incident to the parent and brother of the Opposite party Husband .
 5

11. That such incident of illicit relation spread like fire in nearby areas and the in
school of the minor daughter Sakshi and Shruti Raghuveer Bal Mandir,
Aligarh leading convent school of Aligarh.

12. That complainant wife was very annoyed from the complaint of Lakshmikant
at Jwalapuri chowki , PS Quarsi and was not ready to leave the
relation/company of Lakshmikant in spite of repeated request of the
applicant husband and minor daughter, and old age in laws and left the home
on dated 19/10/2016 by calling her brother by saying will be back after 15
days with two big bags later on it reveled that Opposite party Husband has
taken away her own belonging and the belonging of mother in law which
kept of safe custody in safe of the Complainant and also taken away Rs.
50000/- as kept for household expense. That the complainant wife
categorically refused to come back to Aligarh and to leave the relationship
with Lakshmikant in spite of number calls of applicant husband and minor
daughters .

13. That finding no other means applicant husband instituted the divorce
petition Family court Aligarh and after having knowledge of such divorce
petition on ground of adultery such Ruchi along with Lakshmikant and
others done incident of beating as they beaten to Complainant and minor
daughter by entering in house of the Complainant in respect of which
criminal Complaint is pending before JM Court No.1, Aligarh Vishal Vs.
Ankit & Ors U/s. 323, 452, 504, 506 IPC PS Quarsi in which evidence
proceedings U/s. 244 are going on .

14. That Complainant has filed criminal complaint in respect of adultery against
before CJM, Aligarh Case No………/2017 Vishal Vs. Lakshminkant U/s. 497
IPC, PS Quarsi whereby then CJM, Aligarh Mr. Gyannedra Singh Yadav
after recording the statement of the minor daughter Shruti, Sakshi in own
chamber on perusal of evidence tendered found that Lakshmikant was having
illicit relation with the Opposite party Husband Ruchi to the prejudice of the
minor children presently case is pending before JM Court No.1, Aligarh case
No. …./2017 Vishal Vs. Lakshikant Ors. Listing for evidence Us. 244 CrPC .
Apart from this CJM, Aligarh also summoned the Opposite party Husband
 6

and her family member case No…..2017 Vishal Vs. Ruci & ors Listing on
21/09/2017 U/s. 406 IPC and Case No…../2017 Vishal Vs. Ankit & Ors. Us/.
323, 452, 504, 506 IPC Listing on dated 21/09/2017 in two separate litigations
and in which evidence proceedings are going on .

15. That in year 2017 Complainant has without telling to the Opposite party
Husband or the daughters secretly encashed both RD amound Rs. 90000/-
for her own use where such amount only and only meant for the betterment
of minor daughters from the Recurring Deposits with RD No. 42155 in name
of their minor daughter Shruti Saxena and another RD No. 43472 in name
of their minor daughter Sakshi Saxena was opened and the complainant
wife name was merely written as guardian in both RD , where as the
applicant husband used to give 1000/- per month to the complainant wife to
deposit R500/- in name of eacxh daughter which can be used for betterment
of the minor daughter in future which shows real face and conduct of the
Complainant Ruchi.

16. That in present ligation Complainant claims that Opposite party Husband is
earning machine without any ill habits and earning around Rs. 135000/-
monthly whereas as in parallel proceedings under guardianship and wards
act before Principal Judge , Family Court Aligarh PM NO 14 /2017 Ruchi Vs
Vishal listing in which she claims Opposite party Husband is habitual
drinker does not have means to maintain daughters and she is very well
educated and capable of maintaining the daughters independent out of her
own means .

17. That the both minor daughter Shurti, Shakshi are student of Raghuveer Bal
Mandir convent school and studying in class 9 th, 8th respectively and hold
sufficient maturity about themselves are living with applicant and their old
and ill grand mother and grand father and their living with the applicant
father and not with the complainant ruche itself falsify the version as stated in
the present complaint and while in evidence stage both daughters of the
applicant would be in better position to state before this Hon’ble court as
false and frivolous facts stated by Opposite party Husband.
 7

18. That during hearing before Police Paramarsh Kendra, Mahila Thana,
Mathura after going through the testimony/statement of the daughters, old
and ill parents of the applicant, and of applicant the complaint filed by the
complainant wife was dismissed as her allegation were found false .

19. That in view of above facts and circumstances it well established that the
applicant wife is well educated including vocational degrees and diplomas
and holding sufficient menace to maintain herself out of private tuition ,
working in Sunrise Public School further she is living in adultery in respect of
which litigation are in processes in District Aligarh court.

PRAYER

It is, therefore most respectfully prayed before this Hon’ble Court

that keeping in view the facts and submissions made hereinabove this
Hon’ble Court may kindly be pleased to reject the present complaint with
exemplary cost in favour of the answering applicant husband and against
the complainant wife . Prayed accordingly

Date:
Place: Aligarh Complainant
Through Counsel