IN THE HON’BLE COURT OF MS.

SHIVALI GUPTA, ADDITIONAL

PRINCIPAL JUDGE, FAMILY COURTS, SAKET COURTS, NEW
DELHI

CS No. 15/2022
IN THE MATTER OF:
Junaid Ahmad Rangrez …Plaintiff/Counter Claimant
Versus
Raveena Bedi @ Rehana …Non Plaintiff/Defendant

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT TO THE

COUNTER CLAIM U/O 8 RULE 6A CPC FILED BY THE PLAINTIFF

MOST RESPECTFULLY SHOWETH:

PRELIMINARY SUBMISSION:

1. That the Defendant is an aggrieved person being constantly subjected to cruelty, ill-
treatment, harassment, physical assault and regular domestic violence on scanty
issues by the Plaintiff/Husband. It is submitted that the marriage between the parties
got germinated out of the love and affections and the parties shown their faith in
secularism as well as undertook to abide with the spirit of tolerance towards each
other‘s faith.

2. That first the marriage between the Plaintiff and the Defendant was solemnized on
19.09.2008 as per Islamic rites at Hazrat Khawaja, Nizammuddin Aulia Mehboob- E-
Elahi, Dargah Shareef, New Delhi and thereafter the marriage was registered
17.03.2010 u/s 16 of the Special Marriage Act at Mehrauli, New Delhi.
3. That the parties to the marriage agreed to join the ceremonies, religious and cultural
functions at either side, pay due respect to the elders and the Defendant was allowed
to visit Gurudwara and other religious places. It may not be out of place to mention
here that the Defendant received preferred treatment from the Plaintiff and his family
as believed in the family of the Plaintiff, that a convert has attained the blessing of
Allah (God) and the doors of heaven are opened for the Plaintiff.

4. That the parties were further blessed with two male children. Both the minors are in
the care and custody of the Defendant being fed, clad and educated single-handedly.

5. That after the birth of the first child, the Plaintiff started showing his true colours and
started deserting the Defendant purposely. The Defendant had to seek the help of her
parents to approach the in laws family and the Plaintiff was persuaded to join the
Defendant but the Defendant had to bow before the in-laws family as they wanted to
bring the Defendant to her heels. That thereafter the Plaintiff and his family wanted
the Defendant to shun her religion and totally merge/ adopt Islamic culture and ethics
thus, the period of atrocities, harassment, torturing, physical assault and deprivation
came into being in the married life such as :-

(a) The Plaintiff started deserting the Defendant at will since February 2014 without
any information or making any arrangements for provisions at home for her and
her child;

(b) Took the Defendant in April 2014 to Sri Nagar and compelled the Defendant to
adopt Islamic culture and asked to stop perform any Sikh ritual or even talk of
Sikh religion. The Defendant shunted out of the house at night and her re-entry
was only allowed when the Defendant got into their terms;
(c) The Plaintiff was mad for sex and did not care for consent, physical health,
doctor‘s advice further the Plaintiff never believed in contraceptive or any other
preventive measure and the Defendant was compelled to abort more than 6 times
till 2017;

(d) In January 2018, the Defendant was asked to abort her second child but she
refused. The Plaintiff took the Defendant to Singapore on 01.03.2018 and on
06.03.2018 while in a Mall at Singapore, the Plaintiff on a very petty issue,
started abusing the Defendant and left the Defendant in the middle of the road
without any money. The Defendant somehow managed to reach but was sent
back to India with minor child while the Plaintiff stayed back at Singapore;

(e) In June 2018, the Defendant under 7th month of pregnancy was made to travel to
Sri Nagar (J&K). The Defendant realized that the Plaintiff is creating all those
hurdles intentionally, so that a miscarriage takes place of the Petitioner‘s
pregnancy but with the grace of God, the child took birth on 14.09.2018. It is
pertinent to mention here that in the month of July 2018, the Defendant called the
Plaintiff and informed the Plaintiff about shortage of kitchen provisions and
empty gas cylinder but the Plaintiff did not pay any heed and everything was
managed by the Defendant with the help of her parents;

(f) The Defendant by this time, came to know of the extra marital relations of the
Plaintiff and when confronted, the Plaintiff told the Defendant plainly that he can
perform three other marriages as per his religion and that there is no one to stop
him;
(g) After the birth of the 2nd child, the Defendant was asked to completely adopt
Islamic customs and traditions and live in Islamic culture, wear Hijab, restrict
movement outside the house and completely forget the past else, take divorce;

(h) The Plaintiff told the Defendant that he is not interested in the modern education
in a public school and prefer the elder son to study in Madarsa at Srinagar (J&K);

(i) That the Defendant facing the above circumstances was compelled to take action
and file an application under the provisions of The Protection of Women from
Domestic Violence Act before the Ld. Mahila Court, South East, Saket, New
Delhi, which was registered as CC No. 395/2019. The aforesaid application was
compromised on 22.03.2019 before the Mediation Centre, Saket Courts, New
Delhi. In pursuance of the said compromise, the application was withdrawn. It is
pertinent to mention herein, that the Plaintiff before the mediation cell had
willingly agreed to pay Rs 40,000/- per month to the Defendant and her children
for household expenses, rent and day to day expenses;

Moreover, the plaintiff got their MOU signed fraudulently and under the
emotional pressure and coercion by abandoning the defendant and snatching the
elder child from her custody and running away to unknown place to which
Defendant-wife was kept unknown for few days where the child was taken, It was
through some relatives and telephonic conversation that the Defendant came to
know that the plaintiff was in Kashmir with the child however, the plaintiff had
put a condition before Defendant that she will only be able to see her child if and
only if the Defendant agrees for divorce.
 However, the Defendant-wife was in tremendous emotional and
psychological trauma and depression of being isolated from her child and
knowing that the plaintiff-husband was in Kashmir with his sister-in-law with
whom he was in an affair which the petitioner had caught him red handed in
compromising position in the year 2020.

Thereafter, the Plaintiff started building pressure on the Defendant to

sign an MOU to which the Defendant at once refused. The Defendant and her
minor son were left to starve as they had no funds or provisions at home and the
Plaintiff was continuously pressuring the Defendant to sign the MOU. Lastly,
the Defendant broke down and taking advantage of the situation, the Plaintiff
got the MOU dated 19.07.2021 signed from the Defendant who was under
emotional pressure, anger and hence under coercion signed the MOU . As also
in previous instances the Defendant was always asked to kneel down in front
of everyone that would disrespect her modesty and dignity.

However, the plaintiff-husband took undue advantage of the Muslim law

and after the MOU was signed and kept sending notices, the Plaintiff served
upon the Defendant, Talaknama on 19.07.2021, which was received by the
maid. The Defendant kept on telling the Plaintiff that she does not want to take
divorce from the Plaintiff, hence these notices were one sided and the
Defendant‘s consent was not taken into consideration.
The plaintiff had told the petitioner that the families would sit and solve the
problems amicably. However the defendant kept waiting for the meeting but the
petitioner had a different mind game. The plaintiff played delayed tactics and
was gaining time and sent the second Talaq notice again on 23.08.2021, which
was received by the maid of the defendant-wife. The Defendant tried to stop the
plaintiff-husband and tried to contact through different numbers. But soon was it
 realized that the plaintiff-husband had a well- planned strategy of getting rid-off
from his responsibilities. The plaintiff told that she had no way under Muslim
marriage Act and she had cut her hands after signing the MOU.S
According to the terms and conditions of the MOU the custody of the
elder child was to be with the plaintiff-husband and would not under any
circumstances be transferred to anyone else whereas the plaintiff-husband to get
his dirty motives of attaining Talaq fulfilled, purposely transferred the custody
of the elder child to Sri Nagar on 20.07.2021 to his brother and same sister-in-
law with whom he was in affair & illicit relationship in Kashmir, while the
plaintiff-husband lived in Delhi away from the child. Due to this the child was
kept in isolation away from both the parents and was starved and had a
massive loss in studies in spite of the child being a brilliant student. In fact the
plaintiff-husband not even bothered to pay school fees of his child till the time
the child was in Kashmir and the same was paid by the defendant in the month
of November.
That the Defendant smelt some fraud and sent a legal notice to the
Plaintiff on 10.09.2021 making her intentions clear. The plaintiff-husband
purposely to mentally and emotionally pressurized and blackmailed the
defendant to accept the third Talaq, having no validity in the eyes of law as the
said marriage is registered under The Special Marriage Act,1954,went to such
an extent that he left the elder son in isolation in Kashmir , who was to be with
the plaintiff..

(j) That the Plaintiff sent the Third Talaknama through post but the Defendant did
not accept it. The Plaintiff went to such an extent that he left the elder son, who
was in his custody starving and when the Defendant came to know about it, the
Defendant asked the Plaintiff to bring him back to Delhi but the Plaintiff put a
condition that until and unless the Defendant will sign the Third Talaknama, he
will not hand over the elder son to her. Lastly, the Defendant had to agree and the
Plaintiff got signed the third Talaknama on 16.10.2021 and thereafter handed
over the custody of the elder son back immediately from Kashmir to Defendant
in Delhi.

PARAWISE REPLY:

The defendant/wife has endeavored her best to reply the plaintiff/husband

counter claim Parawise. The anything mentioned while replying Plaintiff‘s
/Husband‘s counter claim may not be deemed to be admitted until and unless the
same is specifically and categorically admitted by the defendant/wife, she also
keep her right be reserved to read and refer the same in its entirety. And nothing
herein should be taken as the admission of the petitioner until and unless it is
admitted specifically:
1. That the contents of the Para no.1 is admitted and requires no reply.

2. That the contents of the Para no.2 is admitted to some extent. The plaintiff
on the other hand has categorically contended in his pleading vide
paragraph no.2 that the marriage on 19.09.2008 as per Islamic rites at
Hazrat Khwaja Nizammudin Aulia Mehboob – E – Elahi, Dargah Shareef,
New Delhi, followed by registration of the same U/s 16 of The Special
Marriage Act, at Mehrauli on 17.03.2010. The Marriage Certificate filed
and relied by the Plaintiff, which has been issued from Quazi Khawaja
Afzal Nizami Sajjada Nashin, shows the age of the Plaintiff to be 18 years
Hence, it is clear that the plaintiff had clear knowledge about the age
and date of birth of the defendant having the same been mentioned in
Nikah-nama and thus It is also evident that he willingly cohabited for
 13 years and procreated two children from the said legal marriage
and now is trying to get rid of his legal liability. Also, The
consequence with regard to the children of the marriage are so serious
and far-reaching that it will be unjust and improper to give to
individuals, the choice of challenging the validity of a marriage when
they like.

3. The contents of Para no 3 are denied being false and misleading. It is

further submitted that;
a) Section 15 of SMA states that
 Registration of marriages celebrated in other forms.—which
clearly states that ―any marriage celebrated in ‗other forms’ has
the liberty to register the marriage under Special Marriage Act.‖
b) It is seen from Section- 34 of the SMA that certain conditions are
stipulated before a marriage is to be declared null and void.

The relevant provision which deals with the delay in instituting proceedings is
Clause (e) of Sub-sec (l) of Section- 34, which reads

 Duty of court in passing decrees.—

(e) That in any proceeding under Chapter V or Chapter VI, whether

defended or not, if the Court is satisfied that there has not been
unnecessary or improper delay in instituting the proceedings then, and in
such a case but not otherwise, the Court shall decree such relief
accordingly
4. The content of Para 4. Is denied as false and misleading. It is that the
defendant has already replied the contents of Para 4 in the reply of Para
3.Hence,the same is not repeated here for the sake of brevity and
defendant seek permission to read and refer the Para no 3 above
mentioned as reply to the present Para. Thus, no further submission.
5. The content of Para 5 is denied as false and misleading. It is totally false
and misleading that the plaintiff-wife ever wanted divorce from the
plaintiff. The contents of this Para are false and totally denied as the
previous case of DV suit filed in 2019, complaint No. 395/2019 was not
disposed-off on false grounds rather it was withdrawn as settled under the
terms and conditions of mediation settlements. The case was withdrawn
and the court concerned only after exhibiting the Mediation settlement as
Exhibit-C1 passed an appropriate order of withdrawal of the
complaint/petition no 395/2019.The defendant is just trying to mislead the
Hon‘ble Court
It totally false and misleading that the plaintiff wife ever even spoke
about divorce after the mediation settlement. Under Muslim law there is
no compulsion to pronounce Talaq only by the husband, there is liberty
even for the wife to get khulla, which makes the intention of the
defendant loud and clear, since the talaqs were drafted and given by his
side. The plaintiff is trying to mislead the Hon‘ble Court. It is the plaintiff
who wanted the divorce and get married again and now not able to find
any grounds for divorce ,is just keen to get his marriage invalid which he
willingly cohabited as a valid marriage since past 13 years and never
raised any objection.
The content of the Para that plaintiff‘s family members tried their best to
convince the defendant is totally false and denied in totality, rather the
defendant wife was blocked from all platforms by the family members
and the plaintiff, himself. The defendant wife waited all the time for an
amicable meeting but she was always kept on hope so that the plaintiff
could gain time and play delay tactics. Soon after when the defendant/
wife smelt some fraud, she immediately sent a legal notice dated
10.09.2021 to stop the plaintiff from sending such illegal and invalid
notices as the marriage is registered under section 16 of SMA.
It is denied that the defendant–wife ever had any intention to get
married in fact the defendant has remained a loyal and devoted wife
throughout the marriage, being married at an early age of 18 years with
the man whom she affectionately loved. No wife will ever come and tell
her own husband if she would have any real intentions of marriage rather
it was a witty and loving chats between husband and wife to make the
husband insecure and test whether the Talaq notices he was sending were
real warnings or he had a real motive of separation. To make the husband
insecure the defendant-wife tried to send the news of her marriage to him
as the plaintiff was in a perpetual habit of deserting her and then joining
her back at his convenience and comfort. All through the marriage the
defendant-wife was taken for granted and was deserted for past 13 years.
In fact there is no evidence or any record from past 13 years of marriage
that shows that wife has ever deceived the husband. The plaintiff needs
strict proof for his statements .The time when the chats were done is in the
month of September and such statements for divorce by the wife were not
required at that time while the husband was already sending notices. In
fact the very reason stated in all three Talaq drafted by the defendant
himself is temperamental differences and non-compatibility of mind and
now the plaintiff is framing and twisting stories just to shed the entire
 blame in the end on the plaintiff just on the basis of the chats between
husband and wife.
Henceforth, the talaq that took place is totally illegal and invalid in the
eyes of the law, considering the fact the marriage is registered under
SMA, and that the law is well settled that the Special marriage prevails
over the personal laws.
It is denied that the defendant has received full and final settlement being
governed by SMA.
The Rs.2 lakhs received by the defendant was not as full and final
settlement rather it was the need of the time, since the defendant with two
children was abandoned and was in dire need of money to arrange food
for her and her children‘s survival as the plaintiff had deserted them since
April 2021 without making any prior arrangements for their means to
survival and for their basic needs. The plaintiff had gone missing and the
defendant was jobless at that time and the defendant was left with no
option than to accept money for her and her children‘s survival.
The allegation that the suit filed by the defendant is to grab money is
false and denied but certainly it is the legal responsibility of the plaintiff
to maintain his children for their survival and on-going education and a
mere some of two lakhs is not enough to meet their needs for lifetime
,education and maintenance .
6. The content of Para 6 is denied as false and misleading. It is specifically
denied that any cause of action arose to file the present suit in favor of the
Plaintiff. It is admitted that the parties got married under Islamic rights on
19.09.2008 and it is also correct that the marriage was registered under
SMA,1954 on 17.03.2010 and parties to the marriage during all these
years led their marital life as a legally wedded husband and wife, also
begotten two children and during all these 14 years was contend with the
marriage to be a valid marriage and never considered the present marriage
as an invalid marriage or approached any court past 13 years to prove the
validation of the said marriage. Now the plaintiff-husband wants to get
rid-off his legal liabilities towards his wife and 2 children, hence has sent
the Talaq notices by making the child an instrument to compel the
defendant wife to accept the same, which is purely one-sided.
In the present case, the grievance of the respondent, in truth, is not
that the marriage is invalid rather the remedy which the petitioner wanted
all these years was dissolution of the marriage and not a declaration that it
was null and void. Having failed in his attempts to induce the respondent
to agree to a divorce and to get his second marriage performed due to the
registration of marriage under Special Marriage Act, 1954, he is now
seeking to get rid-off his present marriage and its liabilities, so to get
married second time easily as allowed under Muslim Marriage Act, the
plaintiff-husband is now labeling the marriage registered under SMA as a
void marriage, though for 14 years he was content to recognize it as a
valid marriage. It would be unfair and inequitable to the wife and the
minor children of the marriage to permit him to do so after a lapse of 14
years. Further it is impossible to hold that there has not been any
unnecessary or improper delay in instituting the proceedings
In the instant case, it is seen that the wife had filed a petition u/s
12 of P.WD.V ACT 2005 and execution of mediation settlement
dt.22.03.2019 which is Ex C-1 and to get over the same, the husband filed
the petition about 14 years later that he suddenly realized as an escape
from plaintiff‘s legal liabilities, that his wife (respondent) had not
completed 21 years of age at the time of the marriage, whereas the
 plaintiff is well aware of the D.O.B and age of the defendant from the day
one of the marriage dated 19.09.2008. Two sons were also born to them in
the year 2012 and 2018. Their marriage was admittedly celebrated in
2008. In the circumstances, it is impossible to hold that there has not been
any unnecessary or improper delay in instituting the proceeding.
7. The Para 6 under reply is denied, further denied that the suit is based upon
any admission of the defendant/wife.
8. That Para 7 needs no reply being matter of record and law.
9. That Para 8 needs no reply being matter of record and law.
10. That Para 9 needs no reply being matter of record and law.
P R A Y E R:
In view of the above explained circumstances and submissions, it is
therefore most respectfully and humbly prayed that this Hon'ble Court
may kindly be pleased to;
(i) dismiss the present counter-claim for filing the present suit, in the
interest of justice and equity, and also looking into the entirety of
the facts and circumstances of the case;
(ii) Impose heavy cost on the plaintiff and in favour of the defendant
with 2 children in her custody, for filing false and frivolous suit
after a lapse of the 14 years;
(iii) Further order/orders may also be passed as may deem fit and
proper in the interest of justice and equity.
It is prayed accordingly.
Dated: 22.12.2022 Defendant
New Delhi Through
Hargovind Jha
(Counsel for the defendant)
 IN THE HON’BLE COURT OF SHRI SHIVALI GUPTA, ADDITIONAL
PRINCIPAL JUDGE, FAMILY COURTS, DELHI

CS No. 15/2022
IN THE MATTER OF:
Junaid Ahmad Rangrez …Plaintiff/Counter Claimant
Versus
Raveena Bedi @ Rehana …Non Plaintiff/Defendant
AFFIDAVIT

I, Raveena Bedi @ Rehana, W/o Junaid Ahmed Rangrez 32 years,

Presently at: 275, Second floor, Kailash Hills, East of Kailash, New Delhi, do
hereby solemnly affirm and declare as under:
1. That the deponent says that he is Defendant in the present case, and
being conversant about the facts and circumstances of the present case,
thus is competent to swear the present affidavit.

2. That the deponent says that the contents of the accompanying reply has
been drafted by his counsel and the contents thereof are true and correct
to his knowledge and read over to him.

DEPONENT
VERIFICATION:
Verified at Delhi on this 22nd day of December of 2022 that the contents of
above affidavit are true and correct to the best of my knowledge and belief and
nothing material has been concealed there from.

DEPONENT