IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

KARKARDOOMA DISTRICT COURTS, NEW DELHI

CRIMINAL CASE NO.______________ OF 2019

I.A. No. _____________ of 2018

IN

HMA PETITION NO. _________________ OF 2018

IN THE MATTER OF:

SMT. POOJA D/O RAJ KUMAR

VERSUS

SH. PANKAJ KUMAR S/O MANOJ KUMAR,

ALSO AT
D-86, D-PARK, PANDAV NAGAR
NEW DELHI - 110092

NOW RESIDING AT
C-8, 1ST FLOOR, PANDAV NAGAR
NEW DELHI - 110092 …..RESPONDENT

PETITION UNDER SECTION 125 OF CODE OF CRIMINAL

The Respondent most respectfully

1. That there is no cause of action for the Petition & the Petition is liable to set aside
2.
a. That it is agreed that the Petitioner & Respondent are lawfully lawfully married
according to traditional Hindu Vedic rites on the 24th day of November 2016
at Community Center Hall, TrilokPuri, New Delhi.
b. That it is agreed that the Petitioner and Respondent are Hindu by birth and
they continue to do so.
c. That it is denied that at the time of marriage anything like smoking, drinking or
regarding any bad habit was discussed from either parties.

3.
a. That it is denied that on the next night of the marriage, the Respondent told
Petitioner about his extra-marital affair.
b. That it is denied that the Respondent had no such conversation about three
year old daughter and family.
c. That it is submitted that the Petitioner was not feeling well and slept early.

4. That it is denied that any such conversation ever happened between the Petitioner &
her mother in law.

5.
a. That it is partially denied that one, Poonam Khanna regularly called the
Respondent in late hours of night and use to talk to him on call as well as on
Whatsapp messages.
b. That it is denied that any said conversation ever happened between Poonam
Khanna and Respondent’s mother & Respondent’s sister.
c. That it is denied that everyone in the Respondent’s house knew about the
Respondent’s alleged affair.
d. That it is denied that everyone in Respondent’s family pressurized the
Petitioner to stay quiet and not to worry.
e. That it is denied that Petitioner asked questions related to Poonam.
6.
a. That it is denied that on the Petitioner's repeated request, the Respondent
took the Petitioner to meet Poonam on 2nd january 2017 in McDonald’s.
b. That it is submitted that the Petitioner went for a friendly meeting with
Respondent’s another friend Ashlee Monroe (Canadian National) and had
dinner at Hyatt Hotel on 14th December 2016. Copy of Photographs of the
Petitioner and the Respondent is marked and Annexed herewith as
ANNEXURE-P1
c. That it is submitted that like previous friendly meeting with the Respondent’s
friend there was another friendly meeting happened with Respondent’s
another friend Poonam Khanna. _________________ date to add
d. That it is denied that the Respondent explicitly told the Petitioner that he loves
Poonam Khanna and wants to marry her.
 e. That it is denied that the Respondent told the Petitioner that he is ready to
give her a divorce.

7. That is is denied that from the month of December 2016, the Respondent began to
ill-treat the Petitioner and began to physically assault the Petitioner without any
cause whatsoever.

8.
a. That it is denied that the Respondent continued to treat the Petitioner in a
cruel and violent manner.
b. That it is submitted that the Petitioner left the matrimonial home at her own
will along with her uncle, Mr Babu Lal & four brothers namely Nitin Karotiya,
Vineet Karotiya,_______________ on 10th January 2017 which is mentioned
in complaint dated 06.03.2017 before the DCP, Nanakpura, Motibagh, New
Delhi.
c. That it is submitted that the Respondent’s Father was called by the
Petitioner's family on 26th January 2017 and asked to pay Rs. 17 Lakh of
marriage expenses and that the Petitioner don’t want to continue the
marriage.
d. That it is denied that finally succumbing to the situation the Petitioner in order
to fend for herself made a false complaint to the Police with respect to the
alleged fraud being played upon her and the harassment meted out to the
petitioner.
e. That it is submitted that after waiting for almost 1 month when it is realized by
the Petitioner that the Respondent is not fulfilling her demand of Rs 17 Lakh
she filled a false complaint dated 06.03.2017 before the DCP, Nanakpura,
Motibagh, New Delhi whereas both the Petitioner & the Respondent were
residents of East Delhi Jurisdiction and are still living in East Delhi.

9.
a. That it is denied that the Respondent is addicted to drinking alcohol and
physically and mentally assaulting and abusing the Petitioner after drinking.
b. That it is denied that the Respondent has a criminal history of getting into
fights after drinking due to which he has been arrested by the Police several
times in Ashok Nagar Police Station.
c. That it is submitted that Character certificate issued by New Ashok
Nagar Police Station is marked and Annexed herewith as ANNEXURE-P2

10.
a. That it is denied that the Respondent had lied to the Petitioner at the time of
the marriage that he had a job and earns INR 65,000 per month.
b. That it is denied that the Petitioner, after the marriage, found out that the
Respondent is unemployed and has been living on funds accruing from other
sources.
c. That it is denied that the Respondent frequently pressurized the Petitioner to
bring money from her father’s house so as to aid Respondent to start his
business.
11.
a. That it is denied that at the time of the marriage it was realized by the
petitioner that the respondent is not gainfully employed and rather is living off
the rent accruing from various family properties.
b. That it is submitted that the Respondent is living on Rented house from 2010
and the Respondent’s family has no property on any family member’s name.
c. That it is mentioned by the Petitioner in her complaint dated 06.03.2017
before the DCP, Nanakpura, Motibagh, New Delhi that the Respondent’s
family has no property and living on rented house only.
d. That it is denied that only after lapse of several months that the Respondent
secured a job and thereafter aws earning a salary of around Rs. 75,000/-.
e. That it is denied that the Respondent took money from his parents and also
started a business in the Respondent’s residential locality.
f. That it is denied that the Respondent is easily earning more than Rs 1.5 lacs
and the Petitioner is left to suffer in a destitute condition having no aid and
help from her parents.
g. That it is submitted already in paragraph 8. b) that the Petitioner left the
matrimonial home at her own will along with her uncle, Mr Babu Lal & four
brothers namely Nitin Karotiya, Vineet Karotiya,_______________ on 10th
January 2017

12.
a. That it is denied that the Petitioner is not working anymore.
b. That it is partially agreed that the Petitioner was earlier working.
c. That it is denied that the Petitioner was earlier working in the Airtel company
and earning an income of Rs. 15,000/- per month.
d. That it is denied that owing to the trauma and fear that the above narrated
incidents have led to an unfortunate dismissal from the service as the
Petitioner was not able to focus on work.
e. That is denied that the Petitioner had spent a huge amount of money on the
marriage ceremonies and gifts is now left to pay return and interests on the
friendly loans taken from relatives and acquaintances.
f. That it is requested from the Hon’ble court to order the list out relatives
and acquaintances who provided friendly loans of which the return and
interests has been paid or still has to get paid by the Petitioner.

13.
a. That it is denied that the Petitioner belongs to an economically weak
family.
b. That it partially denied that the Petitioner’s father had to take a loan to fulfill
the dowry demands of the Respondent.
c. That it is submitted that no dowry demands were made by the Respondent.
d. That it is denied that in addition to other dowry items, the Respondent also
wanted a car.
14. No Dowry is demanded.

More questions?????

15. No jewelry were taken from Petitioner. She went to CAW Cell Nanakpura during
mediation sessions wearing mangalsutra which was stated to be taken away.

16. False allegations

17. Explain the acts ????

18. Petitioner was never coerced to leave the matrimonial home but she left with his
Uncle and four brothers who came to Petitioner’s matrimonial home to take her as
her father was not feeling well.

19. Petitioner took 2 months time to file complaint in woman cell, prior to that Petitioner's
family only demanded 50 Lakh rupees to settle this.

20. Compromising Position Explain?????

Evidence not admissible as picture taken from another made pictures

21. Explain the Rs. 17,000/- income source ????

Name the relatives with the amount taken as loan

23. No information regarding same till date

24. Agree with Jurisdiction of this Hon’ble court, but why FIR was made in CAW, cell
Nanakpura

25. ????????