District: South 24
Parganas
In
the Court of the Learned 16th Additional District Judge at Alipore,
South 24 Parganas.
Matrimonial Suit No. 105 of 2017
In
the matter of:
Sri
Santu Pramanik, Son of Sri Madhab Chandra Pramanik, residing at South Jalkhura,
Post Office and Police station – Maheshtala, Kolkata – 700 141.
............Petitioner
-Versus-
Smt.
Pampa Pramanik (Gayen), Wife of Sri Santu Pramanik, daughter of Sri Mintu Gayen,
at present residing at Panchanadatala, village and Post Office – Buita, Police Station
– Budge Budge, Kolkata – 700 137.
........Respondent
Written
Statement of the Respondent Smt. Pampa Pramanik ( Gayen )
The Respondent above named state
as follows :
- The
Suit is not maintainable either in facts or in its present form.
- The
Petitioner has no cause of action for the Suit. The petitioner very
tactfully hide all the facts and circumstances, which can disclose all his
real story of cruelty and desertion by him on the respondent and her only female
child.
- That
the application is speculative, harassing, motivated and barred by the
Principles of law and hence it is liable to be rejected.
- The
present suit is barred by the principles of estoppels, waiver, and
acquiescence.
- That save and
except those are admitted herein below all other statements made in the application
are not correct and denied and the applicant is put to strict proof
thereof.
- That
save and except what are the matters of record and what are specifically
admitted by the respondents, all other statements and / or allegations
made in the said Matrimonial Suit, shall be deemed to have been denied by
the respondent.
- That
the copy of application served by the petitioner to the respondent without
any annexures thereof, more particularly the documents and or papers
relied on by the petitioner. Therefore the respondent is not in receipts
of the annexures and or any copy thereof, whatsoever.
- That
the respondent made this written statements without going through the
contents of annexures of the application made by the petitioner herein, and
or documents and or papers relied on by the petitioner, and therefore the
respondent crave leave of the Learned Court to submit the Additional
Written Statements and or amended written statement on receipt of the copy
of the annexures of the application, and or documents and or papers relied
on by the petitioner, if so necessary, in the interest of administration
of justice.
- That
it is needless to state that the present matrimonial application as placed
by the petitioner herein is an event to raise the circumstances to acquire
the gain for his own wrongful acts and omissions cause by him only against
the respondent, and therefore his such application also became cause of
cruelty on the respondent, in terms of the fact as well as in term of the
Law.
- At
the outset the Respondents, herein states the following facts for proper
& fair adjudication in the instant suit proceedings :
a)
That the Respondent
at the behest deeds of the petitioner, compelled to reside at Panchanadatala,
village and post office Buita, Police Station – Budge Budge, Kolkata – 700 137,
being the Parental house of the respondent. The respondent reside there at the
courtesy of her father, who accommodate her with her only female child to
provide shelter to reside there.
b)
That the respondent
and the petitioner are legally married couple, whose marriage has been
registered before the marriage registrar, in the month of November’ 2007, in
accordance to Special Marriage Act, 1954, and subsequently, thereafter social marriage
was solemnized on 12th December’ 2007, in presence of the family
members, relative, and friends, of bother parties of the present matrimonial
suit.
c)
That after
solemnization of the marriage between the parties of the present proceeding,
the respondent with the petitioner came to her matrimonial house at South
Jalkhura, Post Office and Police Station – Maheshtala, Kolkata -700 141,
District South 24 Parganas.
d)
That after solemnized
of marriage, the respondent came to matrimonial house at the very beginning of
the marriage petitioner and his family starting insult to the respondent about
her jewellery and other thing and articles, which were taken from her parental
home is of low quality and not satisfactory and continued quarrelling with the
respondent on such matter, and the other in-laws were accommodating such events
against the respondent.
e)
That by blessing of
God a female child was born out of the lawful wedlock of the respondent and the
petitioner, on 26th July’ 2010. The said child named as Srija Pramanik,
now her age is 8 ( Eight ) years old and she is studying to Scholl namely “Mim
Academy” school. It is pertinent to states that after birth of the child, the
petitioner used to sleeping separately from the respondent, and the petitioner used
to told that he was not comfortable with the child at time of sleeping. Even the
petitioner was not taking care about the child after birth as the child is
female child, and thus he was completely changed in his normal behaviour, and
refused for conjugation with the respondent, on such square.
f)
Thereafter respondent
was admitted to Nursing training course for completion of “Nursing AIDS” Course
in the month of August’ 2011, and the respondent
took practical training from Arogya nursing Home, and the Respondent completed
her “Nursing AIDS” on 15th April 2011.
g)
That thereafter the
respondent visiting Mumbai for admission
in a new course name of “Nursing ANM” for 6 ( Six ) months with the permission of her husband, but
while respondent said him to say about her new course to respondent’s parents,
he was strictly denied on showing the cause that respondent’s parents will not
allowed the respondent to going out to Mumbai for training for “ Nursing ANM” Course.
h)
That the respondent going
to Mumbai for her “ Nursing ANM” Course, without acknowledging anything to
anyone about her training save and except her husband. When she travelling
Kolkata to Mumbai her mobile phone had been pick pocket. She did not connect
with her husband or family, and no one had been contacted her, due to such
incident, she become hopeless and puzzled, during such tenure.
i)
That in such
circumstances, taking advantage purposively, the petitioner filed a missing
diary in the name of the respondent before the Police Station – Maheshtala, and
the petitioner also told the respondent’s parents that he don’t know whereabouts
of the respondent. While the respondent buy a new phone and sim card, she contacts
her parents and told them, about her incident of lost phone and contacts so
far, She came to know about the deeds of the petitioner, which he has plotted
behind the back of the respondent.
j)
Thereafter
respondent’s parents and her husband (petitioner) came to Mumbai and take her
to Kolkata, she left her “ Nursing ANM” Course in the midway and she did not complete her dream just for
petitioner’s fault.
k)
That the respondent on
returning back to Kolkata from Mumbai. The petitioner, respondent and their
children stay together at Moynagor on a rental house, and during such tenure,
the respondent observed that lots of jewellery and clothes of the respondent was missing and not found. The respondent
asked for such missing jewellery and cloths to the petitioner, thereafter petitioner
continue abusing with the filthy languages to the respondent, and quarrelling
with the respondent and even on some of the occasions, beaten the respondent,
with fist and blow, thereof.
l)
That thereafter 3 (
three ) months passes, the petitioner, respondent, and their female child namely
Srija Pramanik, came to respondent’s parental home, but the petitioner did not
stop all the misbehaviour with the respondent like quarrelling, abusing and
beaten the respondent, in much brutal manner in front of the family members.
Even petitioner abusing the respondent’s parents if they were told the
petitioner to stop his misbehaviour to the respondent.
m) That
after few days passes in such manner of torture, the respondent, on asking of
the petitioner, left the respondent’s parental home and start resides at
respondent’s matrimonial house. But the petitioner continue torturing the
respondent like abuse, quarrelling and beaten the respondent.
n)
That in the month of
February’ 2013, while all limits to tolerate such torture of the petitioner,
the respondent was compelled to left her matrimonial house with her female
child, in a single cloth, as to save her life and therefore start living at her
parental house.
o)
That thereafter on
expiry of few months, the respondent got a job at Jagannath Gupta Institute
Medical College and Hospital as a Nurse and respondent’s salary is as of Rs.
8000/- (Rupees Eight Thousand) only, per month, and she get in hand cutting of
all incentives, as of Rs.6000/- (Rupees Six thousand) only per month, in which
she accommodate her livelihood and the protection and care of only female child.
p)
That the petitioner
is also working and earning as an employee in a nursing home, and he earn as of
Rs. 6,000/- ( Rupees Six Thousand ) only, per month, though he did never give
anything to his only female child, and did never come up to see his female
child, on any occasions, during the tenure commencing from the month of
February’ 2013, to till date of submission of this written statement in the
present matrimonial suit, before the Learned Court.
q)
That the petitioner
since 2013 till now, he never tries to contacts with the respondent and he did not
carrying out the expenses of their female child.
r)
That the petitioner
all along suffering into frustration as he has ego problems with the dignity
and competency of the respondent, as she was more competent in nursing and her
acceptance were more than the petitioner in nursing, and therefore on all the
occasions and or on every occasions, he and his parents adopted the purposive
activities to abuse and to malign the character of the respondent with the
family and in front of the relatives, who used to visit the matrimonial house
occasionally.
s)
That just after the
marriage, the petitioner pressurise for the valuable gifts and articles from
the respondent’s parental house, and at the second the petitioner pressurise
the respondent for joining the nursing as to become means to earn money and to
accommodate all the expenses of the matrimonial house, and at the third, while
the respondent became capable and compete to earn money on joining, the
petitioner started and continued to inflict more brutal torture physically and
mentally, and at the fourth and last he refused and neglect out rightly to take
any care of the female child and even he did not bother to have any whereabouts
of the female child in any context, whatsoever.
t)
That the Petitioner
failed to become a good husband, as well as more particularly failed to become
a father of only female child, in the facts as well as in the morality. This is
the respondent, who being a pious Hindu married lady take all the sufferings of
the torture caused by the husband and her in laws, only for the sake of the
child, but this is the petitioner who compelled the respondent to left the
matrimonial house, only due to the occasions of brutality and refusal of
conjugation, thereof.
u)
That in the given
circumstances, the respondent is not able to continue any matrimonial
relationship with the petitioner.
11.
That without waiving
any of the aforesaid Objections and Facts and fully relying thereupon and
without prejudice to the same. The Respondent, now deals with the specific
paragraphs of the said Application in seriatim as hereunder.
- That
the Application is not maintainable either in facts or in its present form
and the petitioner has no cause of action for bringing this suit against
the respondent as the said application is speculative, harassing,
motivated, concocted and baseless as is barred by the Principles of Law
and hence same is liable to be rejected at once.
- Save and
except the statements made in the said application which are matter of
record, the respondent denies each and every allegations contained in the
said application and calls upon the petitioner to strict proof of the said
allegations.
14.
That with references
to the statements made in paragraph nos. 1, and 2, of the application, this
respondent deny and disputes each and every allegations made therein save and
except what are the matters of record. The respondent repeat and reiterate the
statements made in paragraph no.10, herein above. The Respondent states that the
respondent and the petitioner are legally married couple, whose marriage has
been registered before the marriage registrar, in the month of November’ 2007, in
accordance to Special Marriage Act, 1954, and subsequently, thereafter social
marriage was solemnized on 12th December’ 2007, in presence of the
family members, relative, and friends, of bother parties of the present matrimonial
suit. The Respondent at the behest deeds of the petitioner, compelled to reside
at Panchanadatala, village and post office Buita, Police Station – Budge Budge,
Kolkata – 700 137, being the Parental house of the respondent. The respondent
reside there at the courtesy of her father, who accommodate her with her only
female child to provide shelter to reside there
15.
That with reference
to the statements made in paragraph nos. 3, 4, 5, and 6, of the application,
this respondent deny and disputes each and every allegations made therein save
and except what are the matters of record. The respondent repeat and reiterate
the statements made in paragraph no.10, herein above. This respondents state
that after solemnization of the marriage between the parties of the present
proceeding, the respondent with the petitioner came to her matrimonial house at
South Jalkhura, Post Office and Police Station – Maheshtala, Kolkata -700 141,
District South 24 Parganas, and the respondent came to matrimonial house at the
very beginning of the marriage petitioner and his family starting insult to the
respondent about her jewellery and other thing and articles, which were taken
from her parental home is of low quality and not satisfactory and continued
quarrelling with the respondent on such matter, and the other in-laws were
accommodating such events against the respondent.
16.
That the respondent
being pious Hindu Lady, always tried off and on to make understand the petitioner
about the matrimonial obligation and bondage, but all in vain, as the petitioner
did not care such things in any manner, whatsoever.
17.
That with reference
to the statements made in paragraph nos. 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35,
of the application, this respondents deny and disputes each and every
allegations made therein save and except what are the matters of record. The
respondents repeat and reiterate the statements made in paragraph no.10, herein
above. This respondents state that by blessing of God a female child was born
out of the lawful wedlock of the respondent and the petitioner, on 26th
July’ 2010. The said child named as Srija Pramanik, now her age is 8 ( Eight )
years old and she is studying to Scholl namely “Mim Academy” school. It is
pertinent to states that after birth of the child, the petitioner used to
sleeping separately from the respondent, and the petitioner used to told that
he was not comfortable with the child at time of sleeping. Even the petitioner
was not taking care about the child after birth as the child is female child,
and thus he was completely changed in his normal behaviour, and refused for
conjugation with the respondent, on such square, and thereafter respondent was
admitted to Nursing training course for completion of “Nursing AIDS” Course in
the month of August’ 2011, and the
respondent took practical training from Arogya nursing Home, and the Respondent
completed her “Nursing AIDS” on 15th April 2011, and thereafter the
respondent visiting Mumbai for admission
in a new course name of “Nursing ANM” for 6 ( Six ) months with the permission of her husband,
but while respondent said him to say about her new course to respondent’s
parents, he was strictly denied on showing the cause that respondent’s parents
will not allowed the respondent to going out to Mumbai for training for “
Nursing ANM” Course, and while the respondent going to Mumbai for her “ Nursing
ANM” Course, without acknowledging anything to anyone about her training save
and except her husband. When she travelling Kolkata to Mumbai her mobile phone
had been pick pocket. She did not connect with her husband or family, and no
one had been contacted her, due to such incident, she become hopeless and
puzzled, during such tenure. In such circumstances, taking advantage
purposively, the petitioner filed a missing diary in the name of the respondent
before the Police Station – Maheshtala, and the petitioner also told the
respondent’s parents that he don’t know whereabouts of the respondent. While
the respondent buy a new phone and sim card, she contacts her parents and told
them, about her incident of lost phone and contacts so far, She came to know
about the deeds of the petitioner, which he has plotted behind the back of the
respondent. Thereafter respondent’s parents and her husband (petitioner) came
to Mumbai and take her to Kolkata, she left her “ Nursing ANM” Course in the
midway and she did not complete her
dream just for petitioner’s fault. the respondent on returning back to Kolkata
from Mumbai. The petitioner, respondent and their children stay together at
Moynagor on a rental house, and during such tenure, the respondent observed
that lots of jewellery and clothes of the respondent was missing and not found. The respondent
asked for such missing jewellery and cloths to the petitioner, thereafter
petitioner continue abusing with the filthy languages to the respondent, and
quarrelling with the respondent and even on some of the occasions, beaten the
respondent, with fist and blow, thereof. Thereafter 3 ( three ) months passes,
the petitioner, respondent, and their female child namely Srija Pramanik, came
to respondent’s parental home, but the petitioner did not stop all the
misbehaviour with the respondent like quarrelling, abusing and beaten the
respondent, in much brutal manner in front of the family members. Even
petitioner abusing the respondent’s parents if they were told the petitioner to
stop his misbehaviour to the respondent, and after few days passes in such
manner of torture, the respondent, on asking of the petitioner, left the
respondent’s parental home and start resides at respondent’s matrimonial house.
But the petitioner continue torturing the respondent like abuse, quarrelling
and beaten the respondent. In the month of February’ 2013, while all limits to
tolerate such torture of the petitioner, the respondent was compelled to left
her matrimonial house with her female child, in a single cloth, as to save her
life and therefore start living at her parental house. Thereafter on expiry of
few months, the respondent got a job at Jagannath Gupta Institute Medical
College and Hospital as a Nurse and respondent’s salary is as of Rs. 8000/-
(Rupees Eight Thousand) only, per month, and she get in hand cutting of all
incentives, as of Rs.6000/-(Rupees Six thousand) only per month, in which she
accommodate her livelihood and the protection and care of only female child. The
petitioner is also working and earning as an employee in a nursing home, and he
earn as of Rs. 6,000/- ( Rupees Six Thousand ) only, per month, though he did
never give anything to his only female child, and did never come up to see his
female child, on any occasions, during the tenure commencing from the month of
February’ 2013, to till date of submission of this written statement in the
present matrimonial suit, before the Learned Court. The petitioner since 2013
till now, he never tries to contacts with the respondent and he did not
carrying out the expenses of their female child.
18.
That the respondent
states that there is every chance of reunion and restitution of conjugal rights
of the respondent as the respondent condone all acts and allegation of the
petitioner in the interest of care and protection of only female child.
19.
That with reference
to the statements made in paragraph nos. 36, 37, 38, 39, 40, and 41, of the application,
this respondent deny and disputes each and every allegations made therein save
and except what are the matters of record. The respondent repeat and reiterate
the statements made in paragraph no.10, herein above. This respondent states
that the balance of convenience and inconvenience is not in favour of the
petitioner, and the prayer made in the application by the petitioner is not
maintainable and out of jurisdiction of the Learned Court. The court fees has
not been appropriately given by the petitioner.
20.
That the respondent
states that the petitioner is not entitled to the relief as prayed in the suit.
- The
Suit is vexatious, frivolous, harassing, and is liable to be dismissed
with cost.
- The
Suit is barred by the Limitation and not maintainable in it’s present
form.
- The
cause of action for the suit has not arisen in the manner as alleged in
the application and the petitioner cannot be said to have any cause of
action for the suit. In fact, the suit is bad for multi – furiousness of
cause of action.
- The
suit is not properly valued and the court fees paid therein is
insufficient in Law. The verification in support of the application is
defective.
- That
the Respondent crave leave to produce the relevant documents as well as
the documents relied upon by the respondent, at the time of hearing.
- The
respondent crave leave to file appropriate application for getting the
copies of the documents which the petitioner intend to rely upon and only
after getting the copies thereof the respondent may require to file
additional written statement or may have to amend the written statement as
well.
27.
That the respondent
states that the instant suit is abrasive and without jurisdiction and the same
may be dismissed with exemplary cost.
- That
in the above stated Facts and Circumstances, the Respondent seeks
dismissal of the Application with exemplary Costs and others.
- That
this written statement, made bonafide in the interest of administration of
justice.
It
is therefore, prayed that Your Honour would graciously be pleased to accept the
written statement of the respondent and to dismiss the application made by the
petitioner, considering the facts and circumstances, in terms of the prescribed
provisions of the Law, in the interest of administration of justice, and or to
pass such other necessary order or orders, and or further order or orders, as
your Honour may deem, fit, and proper, for the end of justice.
And for this act of kindness, the
Petitioner, as in duty bound shall ever pray.
Verification
I, Smt. Pampa Pramanik ( Gayen ),
being the respondent in the present matrimonial suit, made this written
statement, on the given facts and circumstances, which are true to the best of
my knowledge and belief. I sign and verify this written statement, as on 11th
day of April’ 2018, at the Alipore Judges’ Court premises.
AFFIDAVIT
Affidavit of Smt. Pampa Pramanik
(Gayen), Wife of Sri Santu Pramanik, daughter of Sri Mintu Gayen, aged about
_______years, by faith Hindu, by Occupation Service, residing at present at
Panchanadatala, village and Post Office – Buita, Police Station – Budge Budge,
Kolkata – 700 137, do hereby solemnly affirm and says as follows :
1.
That I am being the
respondent, in the present Matrimonial Suit, made the written statement.
2.
That I am competent
to swear this affidavit.
3.
That the statements
made in paragraph no. _________ to _______, are true to my knowledge and belief
and the rest are my humble submissions before the Learned Court.
4.
That the facts
contained in aforesaid Written Statement, the contents of which have not been
repeated herein for the sake of brevity may be read as an integral part of this
affidavit and are true and correct to my knowledge.
5.
That the above
statements of my affidavit are true to my knowledge and belief.
DEPONENT
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Date
: ________________ 2018.
Place : Alipore
Judges’ Court. N
O T A R Y
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