IN THE COURT OF HON’BLE II ADDITIONAL FAMILY COURT

HYDERABAD
M.P No. 412 of 2023
IN
M.C No. 1231 of 2022

Nishanth … Petitioner

-Vs-

Ms. Vidhya G … Respondent

COUNTER AFFIDAVIT

I, Vidhya G, D/o S.Gopalan, Aged 35, Occ: Student, R/at No. 11 Flamingo
Residency, Falcon Valley Colony, Shaikpet, Hyderabad-500008, do solemnly
affirm and stated as under:

1. I submit that I am the petitioner in M.C. No. 1231 of 2022 and I am well
acquainted with the facts of the case.

2. I submit that there is no proof that the respondent in M.C No. 1231 of 2022
has only filed this petition M.P No. 412 of 2023. The respondent’s paramour
Muskan has filed this M.P No. 412 of 2023 in collusion with the respondent to
enjoy in the money that is legally my right.

3. I submit that even for argument’s sake if we consider that this respondent
has only filed this M.P. No. 412 of 2023 then also this is a frivolous petition to
set aside the maintenance order passed in my favour on false and flimsy excuses.
Even fake school leave letters have better reason than the excuses of the
respondent for wilfully evading the maintenance proceedings.

4. I submit that the respondent does not have any depression or anxiety that
would disable him from employing an advocate as he had employed an advocate
to represent him D.V.C No. 148 of 2022 at 4th MM in the same complex during
the same time period but is shedding crocodile tears that he was unable to employ
any advocate for this maintenance case alone is nothing but a delay tactic to harass
me from getting any iota of relief.
5. I submit that the respondent is attending the divorce case filed by him,
travelling from Bangalore to Madurai, during the same period when he was
summoned to appear before this Hon’ble Court. That the respondent is lying on
oath that he has depression and anxiety only to appear before this court and not
before any other courts in Madurai and Bangalore is demeaning the morale and
majesty of this Hon’ble Court and he is liable to be punished u/s 340 of CR.P.C.

6. I submit that the respondent is rolling himself in erotic pleasures of crores

of money swindled from me and other innocent people and is earning Rs.
3,00,000 monthly proved from his own verified LinkedIn Professional account,
is able to employ two senior advocates in his two cases in Hyderabad alone, but
I have no money to run my livelihood is such a huge disparity and the provisions
of section 125 CR.P.C is rightly to address this disparity with immediate relief.

7. I submit that I should also be able to compete with equal financial status
capable to get legal representation of senior counsels the same as that of the
respondent to have fair trial and justice. And for this very same reason the
respondent’s frivolous petition to set aside maintenance order is to be nipped in
the bud and I should be paid the awarded amount with immediate effect.

8. I submit that to bring the truth before this Hon’ble Court regarding the fake
excuses that the respondent has stated in his M.P. No. 412 of 2023, it is inevitable
to medically examine the respondent to ascertain the falsehood of the excuses he
has stated and without which the petition M.P. No. 412 of 2023 cannot be decided.

9. I submit that the respondent has not paid one rupee of the awarded amount
in M.C. No. 1231 of 2022 and I have filed a recovery of maintenance arrears u/s
125(3) of CR.P.C in M.P. No. 437/2023 and I request you to please issue warrant
against the respondent for recovery of maintenance amount else order him to be
imprisoned till the awarded amount is recovered from the respondent.

I, therefore, humbly pray to this Hon’ble Court be pleased to dismiss this M.P
No. 412/2022 right away and allow my M.P No. 437/2023 in the interest of
justice.

PETITIONER-IN-PERSON
Sworn and signed before me
 IN THE COURT OF HONORABLE
II ADDL FAMILY COURT
At: Hyderabad

M.P. No. 412 Of 2023

IN

M.C. No. 1231 Of 2022

BETWEEN:
Vidhya …Petitioner

AND

Nishanth …Respondent

COUNTER AFFIDAVIT

FILED ON: 29.08.2023

FILED BY:
 IN THE COURT OF HON’BLE II ADDITIONAL FAMILY COURT
HYDERABAD
M.P No. of 2023
IN
M.C No. 1231 of 2022

Vidhya G … Petitioner

-Vs-

Nishanth. … Respondent

AFFIDAVIT

I, Vidhya G, D/o S.Gopalan, Aged 35, Occ: Student, R/at No. 11 Flamingo
Residency, Falcon Valley Colony, Shaikpet, Hyderabad-500008, do solemnly
affirm and stated as under:

1. I submit that I am the petitioner in M.C. No. 1231 of 2022 and I am well
acquainted with the facts of the case.

2. I submit that there is no proof that the respondent and his paramour Muskan
are illicitly enjoying the money that is legally my right.

3. I submit that the respondent is rolling himself in erotic pleasures of crores

of money swindled from me and other innocent people and is earning Rs.
3,00,000 monthly proved from his own verified LinkedIn Professional account,
is able to employ two senior advocates in his two cases in Hyderabad alone, but
I have no money to run my livelihood is such a huge disparity and the provisions
of section 125 CR.P.C is rightly to address this disparity with immediate relief.

4. I submit that I should also be able to compete with equal financial status
capable to get legal representation of senior counsels the same as that of the
to have fair trial and justice. The respondent has employed two senior advocates
at the charge of Rs. 5,00,000 each and for every hearing he is paying them Rs.
5000 each in the M.C and D.V.C case respectively.

5. I submit that I am facing immense hardships to manage my medical, legal,

and travelling expenses. The respondent has deliberately filed divorce case
without jurisdiction in Madurai, TamilNadu which is1008Kms from Hyderabad
and costs Rs. 8000/- to and fro, and the respondent’s mother in collusion with the
respondent has filed a Domestic Violence Case only against me in Madurai
leaving out the respondent, in violation of the Supreme Court guidelines, only to
harass me.

6. I submit that I am also suffering from continuous uterine bleeding till date
due to multiple forceful sexual intercourse and forceful miscarriages caused by
the respondent and his circle. I am unable to bear the medical expenses due to my
chronic ailments caused by the atrocities of the respondent.

I, therefore, humbly pray to this Hon’ble Court be pleased to order interim

maintenance of Sum Rs. 1,00,000 per month till the disposal of the main petition.

PETITIONER-IN-PERSON

Sworn and signed before me

 IN THE COURT OF HON’BLE II ADDITIONAL FAMILY COURT
HYDERABAD
M.P No. of 2023
IN
M.C No. 1231 of 2022

Ms. Vidhya G, Aged 35 years

Occupation: Student
R/o No. 11 Flamingo Residency,
Falcon Valley Colony, Shaikpet,
Hyderabad – 500008 … Petitioner

-Vs-

Nishanth, Aged 35 years

Occupation: HR Manager, Photon Infotech Pvt Ltd.,
R/o. Flat No. 409, Pavani Okridge apartment,
4th Floor, Green Garden Layout,
Kundanahalli,
Bangalore – 560037 … Respondent

PETITION UNDER SECTION 125(3) OF CRIMINAL PROCEDURE

CODE

For the grounds stated in the accompanying affidavit, it is prayed that this Hon’ble
Court may be pleased to pass order directing the respondent be pleased to order
interim maintenance of Sum Rs. 1,00,000 per month till the disposal of the main
petition and pass such further orders as this Hon’ble Court deems fit in favor of
the petitioner and against the respondent for immediate relief as the petitioner has
urgent legal and medical expenses
Dated this 29th day of August, 2023 at Hyderabad.

PETITIONER-IN-PERSON
 IN THE COURT OF HONORABLE
II ADDL FAMILY COURT
At: Hyderabad

M.P. No. Of 2023

IN

M.C. No. 1231 Of 2022

BETWEEN:
Vidhya …Petitioner

AND

Nishanth …Respondent

PETITION U/S 125(3) OF CR.P.C

FILED ON: 29.08.2023

FILED BY: