IN THE COURT OF THE HON”BLE II ADDITIONAL FAMILY COURT, KALPATARU

COMPLEX, HYDERABAD
M.P No. 412 OF 2023

IN

M.C. No. 1231 OF 2022

BETWEEN:
R.Nishanth …Petitioner

AND

G.Vidhya …Respondent

Written Arguments on Behalf of the Respondent in M.P. No. 412 OF 2023/Petitioner in M.C
No. 1231 OF 2022
Most Humbly Showeth:-

1. I submit that I am the respondent in M.P No. 412 of 2023 and petitioner in the main case M.C No.
1231 of 2022.

2. I submit that this Hon’ble Court was pleased to grant Ex-parte Maintenance order dt 07.06.2023
for Amount Rs. 25000/- per month from the date of filing of the maintenance case and to pay all
the arrears amount within 3 months from the date of the order and I have filed a petition for
recovery of arrears of maintenance in M.P No. 437 of 2023 for amount of 4,75,000. I submit that
this petitioner/Respondent in M.C.No.1231/2022 has made a payment of a mere 11000 Rs till date.

3. I submit that the petitioner is working in an MNC company, Photon Infotech, ITPL, Bangalore as
per his own verified LinkedIn Profile and earning Rs. 3,00,000 per month clear from his Company
Glassdoor profile as per his experience and post. On top of that, this petitioner is earning more than
Rs. 13,00,000 per month from his own consultancy company HOCHERMAN
CONSULTANCY(GSTIN ) located in the same address that he has given in
his set aside petition.

4. I submit that this petitioner himself has admitted in his set aside petition that he has received
notice in M.C.No. 1231 of 2022 in his WhatsApp number 9994499229. He himself has admitted
in his set aside petition that he is employed in Private Service in ‘Occupation’ column. He also
admitted that he had received complete full notice with petition copy on 3rd January 2023 itself
and only after satisfaction of that fact, this Hon’ble Court has set him ex-parte in the maintenance
case when this petitioner willfully defaulted from appearing.

5. I submit that there is no reasonable grounds/sufficient cause mentioned by this petitioner for his
absence in the proceedings of M.C. No. 1231 of 2022, where he had 5 months’ time to appear and
present his case before the Final arguments but he deliberately chose not to appear, just to delay
from paying maintenance amount and file frivolous set aside petition and drag the matter to
destabilize me and harass me.
6. I submit that this petitioner has entered appearance in DVC No. 148 of 2022 in the 4th MM court
in the same Kalpataru complex during the same time period as that of the main case but is giving
lame excuse that he was not able to appear for this case alone, is nothing but cheap delay tactics to
not pay any awarded amount to me.

7. I submit that this petitioner/respondent in main case was travelling from Bangalore to Madurai and
attending his Divorce case S.M.O.P No. 14 of 2016 pending with Madurai Family Court during
the same time frame as that of the proceedings of this maintenance case. But he is using this lame
excuse of stress/depression for not attending the hearing in this court alone.

8. I submit that this petitioner/respondent in main case has mentioned some lame excuse of
‘depression’ to falsely justify his willful absence but did not submit any medical certificate to
prove the same. As such this is not at all a sufficient cause at any stretch of imagination for any
prudent mind to excuse his absence from attending the hearing and he must be penalized for
mocking this Hon’ble court with such frivolous excuses. I am at peak of depression due to the
atrocities of this petitioner and no court will accept if I state ‘depression’ as excuse to not attend
court hearings. Hence, this petitioner should also be not given any privileges to use any lame excuse
to escape from his duties.

9. I submit that if I would have used such frivolous excuses of ‘depression’ ‘anxiety’ which every
person faces in day-to-day life, then I would be made to face consequences by this Hon’ble Court
or for that matter no person would be allowed to use such lame excuses for absence from hearing
for more than 5 months, so then it would be grave injustice to give such extraordinary privilege to
this petitioner alone.

10. I submit that I filed my maintenance case in December 2021 and as such it has been 2 years that I
am suffering without any relief. He is contending to again adjudicate a Madurai High Court order
where there are some false remarks in the order stating as if I myself have admitted being employed
but this petitioner suppressed the fact that the same order has been appealed in the Hon’ble
Supreme court in SLP(Crl) 4750/2022 and the Hon’ble Supreme court clarified and settled that
the impugned order was only for disposal of Transfer case and does not interfere with the merits
of the trial case. Also, I have withdrawn the same matter in the Madurai trial court specifically
stating the biased approach of Madurai courts and hence any orders passed in the case have no
binding or even persuasive effect upon any other court and the order he is quoting is per-incuriam.

11. I submit that there are no merits on the side of the petitioner and that is why he did not appear in
the main case but this is his preplanned modus-operandi just to delay my reliefs for unreasonable
time with a malicious intention to harm me in the meanwhile and try a chance to intimidate me and
demoralize me by buying more time. This is extreme harassment and such obvious cunning tactics
played by this petitioner should not be entertained in a court of law.

12. I submit that the provision of CRPC 125 is a social welfare legislation and any contention which
is beneficial to the women must be considered by the courts with more weightage than the rival
contention which leads to denial of benefits to the woman. It is settled law that in social welfare
legislations, if two contentions are possible, then the one which is beneficial to the woman should
be considered than the other which is hindering benefit to the woman. Hence it is prayed to this
Hon’ble Court to dismiss this set aside petition with heavy costs and render me justice.
 IN THE COURT OF THE HON”BLE II
ADDITIONAL FAMILY COURT,
KALPATARU COMPLEX, HYDERABAD
M.P No. 412 OF 2023

IN

M.C. No. 1231 OF 2022

BETWEEN:
R.Nishanth
…Petitioner

AND

G.Vidhya
…Respondent

Written Arguments on Behalf of the

Respondent in M.P. No. 412 OF
2023/Petitioner in M.C No. 1231 OF 2022

FILED ON: 08.11.2023

FILED BY: VIDHYA G
PARTY-IN-PERSON