IN THE COURT OF HON’BLE FAMILY COURT BANDRA
Petition No. 05/2024
1) Mr Sanjay Singh
Age 27 yrs, Occu-service,
Room No. 19A, Chandan Mansion,
Opposite Portuguese Church,
Chembur - 400014 ---Petitioner
Versus
1) Mrs. Anuja Ahuja
Age 25 yrs, Occu- Service,
309 Roman Plaza,
R K Singh Marg,
Parsi Panchayat Road,
Andheri (East) - 400069 ---Respondent
WRITTEN STATEMENT ON BEHALF OF THE RESPONDENT
AGAINST THE PETITION OF RESTITUTION OF CONJUGAL
RIGHTS
The respondent most respectfully submits:
1. That the Petitioner and the Respondent are husband and wife
respectively, and that their marriage was solemnized on
25.08.2014 at Chembur, Mumbai as per Hindu customs and
traditions, and the marriage was duly registered under Section
8 of the Hindu Marriage Act, 1955 (Annexure 1). The couple
has since resided together at the Petitioner’s residence in
Mumbai.
2. The petitioner and respondent were having a happy and
cordial marital relationship till June 2023.
3. That the petitioner has not approached the court with clean
hands and has failed to bring before the court material facts
relevant to the case which has caused the respondent to
withdraw from the society of the petitioner.
PRELIMINARY OBJECTIONS
4. That in June 2023, the petitioner’s parents visited the
respondent’s marital home for a vacation wherein they
pressurized the respondent to have a child.
5. That the respondent tried to explain them calmly on how she
wasn’t ready to bear the child. However, the mother of the
petitioner continued to force her and when the respondent
tried to explain or avoid, she would taunt her.
6. That the respondent was going through a lot of emotional and
mental stress due to the constant arguments in the house
which was further affecting her mental and physical health and
her professional life as well.
7. That these arguments also caused a rift between the husband
and the wife as the petitioner failed to support the respondent
in front his parents and let them ill-treat and pressurise her.
PARA-WISE REPLY
8. That the respondent does not dispute the contents from Para
1-4 and them being matter of record. However, the the
respondent denies of having a heated discussion with her
parents, specifically her father. The visit of the parents on 20 th
August 2023 was normal one wherein the parents had come to
know the well-being of the respondent.
9. That the respondent does not dispute the contents of Para 5.
The respondent was going through a mental and emotional
turmoil living in the marital home and the non-supportive
behaviour of the petitioner led to her felling isolated.
10. That the respondent does not dispute the contents of
Para 6. That the respondent and petitioner had an argument
wherein the petitioner failed to understand the position of the
respondent. However, the petitioner himself asked the
respondent to leave the house if she was not willing to live in
the marital house and cooperate with his parents.
11. That the respondent denies all the contents of Para 7.
The petitioner made no calls or messages to the respondent
and did not visit the respondent on the given date i.e 1 st
November 2023. Further, since the petitioner never visited the
respondent, there were no threats made by the respondent or
her parents to the petitioner.
12. That the respondent disputes the contents of Para 8.
There was no call made by the respondent’s father Mr. Dinesh
Singh on 7th November 2023 to the father of the petitioner. In
fact, the parents of the respondent have not had a
conversation with the parents of the petitioner since they have
started pressurising the respondent for the child.
13. That the respondent disputes the contents of Para 9 to
the extent that the respondent has caused cruelty to the
petitioner. On the contrary, it is the petitioner and his family
who caused cruelty to the respondent causing her to withdraw
from his society.
14. It is therefore humbly prayed that the Petitioner's prayer
for a decree of restitution of conjugal rights is without
merit. The Respondent was forced to take this step due to the
emotional and mental distress she was being subjected to by
the Petitioner’s family. The Respondent prays that
this Honourable Court dismiss the Petitioner's request and
grant any other relief that this Honourable Court deems fit and
proper in the interest of justice.
Mumbai
23/19/2023
Advocate for the Defendant
