IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(CRL) 1585/2022
IN THE MATTER OF :-

POOJA .....PETITIONER

VERSUS

STATE OF NCT OF DELHI AND ORS. ....RESPONDENTS

INDEX

S.NO. PARTICULARS PAGES

1 REJOINDER AFFIDAVIT BY AND ON BEHALF OF 1–9

THE PETITIONER

2. ANNEXURE –P8 10 – 11

THE COPY OF TRANSCRIPT OF RECORDING

3. ANNEXURE –P9 12 – 15

THE COPY OF PHOTOGRAPH DATED 14.03.2022

I.E. BIRTHDAY CELEBRATION PHOTO OF MINOR
CHILD

2 PROOF OF SERVICE 16

PETITIONER
NEW DELHI
DATED :- 27.09.2022 THROUGH

RAVI RAI
ADVOCATE
OFFICE AT : S – 381, LOWER GROUND FLOOR,
GRATER KAILASH – I, DELHI 110048
MOB. 9999660384
 IN THE HIGH COURT OF DELHI AT NEW DELHI

w.P.(CRL) 1585/2022
IN THE MATTER OF:

POOJA ...PETITIONER
VERSUS
STATE OF NCT OF DELHI AND ORS. RESPONDENTS

REJOINDER AFFIDAVIT ON BEHALF OF PETITIONER

1, POOJA, AGED ABOUT 25 YEARS, D/O PRITAM, R/O H. NO. C-

882, J.J. COLONY, CAMP NO. 2, NANGLOI, NILOTHI, WEST DELHI

110041 DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS

UNDER:
1 That I am the Petitioner in the above noted case and am well

conversant with the facts of the case and hence

competeni to

swear this affidavit.

2. At the outset I herein specifically deny all the allegations,

contained in the Counter Affidavit except and to the extent,

specifically admitted herein below.

Further before giving Para-Wise response to the counter

S.L. No. 3 8 7 / 2 0 2 1

A N J E E T K U M A R

Court
affidavit the petitioner herein submits the
3 .
Period-17/4/2021
By.
Dethi
Higti
following
o 16/4/2023

Dethl- preliminary submissions:

23ri Cout
PRELIMINARY SUBMISSIONS
 2
. It is submitted that entire counter alfidavit is based on lalse

frivolous and vexatious facts. It is releveent lo menlion iere

that respondent no. 5 mot only ruined the life of the

petitioner but also other girl namely Rachna, who was also

married with respondent no. 5. It is submitted that

respondent no. 5 has committed physical and sexual voilance

against the petitioner but she tolerated the same due to

welfare of her minor son. It is further submitted that

respondent no. 5 have forcefully taken the custody of the

minor son on 24.03.2022 to achieve ulterior motive.

11. That it is submitted that respondent no. 5 & 6 deliberately

choose to avoid the factum of first marriage of the respondent
no. 5 with Rachna. It is submitted that respondent no. 5 & 6

cannot take custody of minor child less then 5

year against
the statutory provision despite fact that petitioner as well as

of
Oatii Co
S.L.
eal NO. 387/2021his first wife namely Rachna is struggling for justice due to
ANJEET KUIiAR
App. By. Delni High Cour"act and conduct of the respondent no. 5, 6 and
Period-17/4/2021
his family
ta 16/4/2023
n members.

i11. That It is submitted that despite the best efforts made by

petitioner and his lamily members, respondent no. 5 & his

family members didn't allow to meet my minor child Parth

from 24.03.2022, who are in illegal custody of the

respondent
no. 6 & his family members.
 V. It is submitted that in compliance of the direction given by

the Hon ble High Court on 26.07.2022, petitioner reached to

her matrimonial house along with her mother and Grand

Mother (Nani). It is relevant to mention here that initially her

in-laws didn't open the door of the house for 5 to 7 minutes,

thereafter Sh. Pawan Lal (brother in-law) allowed the them to

enter in their office/room (adjacent to the main gate), wherein

CCTV installed. It is submitted that after

camera are
waiting
around 15 to 20 minutes, they allowed only the petitioner to

entered in the home and as soon as she reached to the first

floor of the home and asked about her child, then her mother

in-law started shouting by saying that "yaha tera koi baccha

nahi hai" and petitioner mother in-law further started

abusing the petitioner without any reason. It is further relent

to mention here that petitioner's mother in-law didn't

allow
0ath Comni
S e a lof Oath

S.L. No. 387/2021he petitioner to meet with her child infact

ANJEET KUMAR mother in-law,
App. By. Delhi High Court,
Period-17/4/2021 Pappu Khichi (Mama Sasur) they push the petitioner
i to 16/4/2023 very
ari Court, 0ehard, due to which petitioner suffered some
injuries at her
back, hand, leg etc. and further
petitioner cloths was also
torn by them. It is further submitted that
within 2 to 3

minutes they thrown the petitioner out of their house.

Thereafter petitioner called the police from mobile no.

9310699946 at 02:23 P.M. 8 02:24 P.M. and

then police
 4
Oflicial of Maya puri police station came at the spot, lt is

Turther submitted that then petitioner informed the police

official, who reached at the spot and he immediately called

the respondent 5 & 6. It is informed that

no. during the

telephonic conversation with the police official respondent no.

5 has said he is in tis hazari and child is not at home, further
child is with his
grandparents. It is further informed that

then police official called the father in-law respondent no. 6,

then he said child is with him and he
is in Rajasthan along
with his child, abovementioned fact is evident from the

recording of the police officials, when police official cross

checked their information then he

immediately disconnected
the phone. The copy of transcript of recording is annexed

herewith as Annexure P8.

V. It is informed that after all this incident when no

cooperation
eal of
Oath
was given respondent no. 5 & 6 then
neSea,

S.L. No. 387/2021S ommiss

ANJEET KUMAR taken us to the Maya Puri Police
police official (Kapil)

App. By. Delhi High Court station and then SHO

Period-17/4/2021
16/4/2023 Mayapuri immediately contacted the SHO
Nangloi and finally
7 7 a r i C o u r
D t e l h i - 5

Mr. Ravi Bhushan 10 has called the petitioner in Nangloi

police station. It is relevant to mention here
that as soon as

petitioner along with family mem bers reached the Nangloi

police station official has taken the
statements of the
petitioner, but no action has been taken
by the state till date.
 5

It is relevant to mention here that the entire act has been

recorded in CCTV installed by respondent no. 5 &6 at their

house and they have also show the footage to the Hon'ble

Court during the course of hearing on 04.08.2022.

PARAWISE REPLY

1-2 THAT the contents of the para 1& 2 of the counter affidavit

need no reply being formal para.

3-5 The contents of para no. 3 to 5 of the counter affidavit are

wrong and hence same is vehemently denied.

REPLY TO THE PRELIMIARY OBJECTIONS

1. The contents of para n0. 1 to 7 of the

preliminary objections
of counter affidavit are based on distorted facts and wrong

interpretation of law and hence same are vehemently denied.

It is pertinent to mention here that

living respondent no. 5 is
o f 0ath Com
S e a ld
S . L . No. 3E7/202

KUMAR
minissios
R t
thh the respondent no. 6 & his family members and further

A
A N J E E T

Court

By. Dali
Hign
App.Period-i7/4/2021 respondent no. 5 is working professional. Therefore in the
to 16/4/2023

- -"
present case minor child 1s in
illegal custody of the

respondent no. 6 & his family members. It is

further relevant
to mention here that respondent no. 5 & 6 has taken illegal

forceful custody of the minor child on 24.03.2022.

 6
2 The contents
of para no. 8 of the
preliminary objections of
Counter affidavit are based on distorted facts and wrong
interpretation of law and hence same are
vehemently denied.
It is further vehemently denied that the petitioner does not
raise any hue and cry for
long. It is submitted that petitioner
immediately called the police but due to the influence of the
respondent no. 6 nothing has been done by them. Therefore
petitioner filed written
complaint before the police.

REJOINDER TO THE
PARAWISE REPLY:
1-2 That the content of the
para no. 1-2 of the counter
affidavit
need no reply. It is submitted that
petitioner is law abiding
citizen but due to
typographical error written as senior
citizen.
3. That the contents of Para 3 of
the counter affidavit are wrong
and denied except the fact which
are matter of record. The
Sca Oath Com
content of
S.L. NO. 3t7/2021 preliminary submissions and reply of
ANJEET KUIMAR
preliminary
DD. By. Delni Higih Court bbjections may be read as part and parcel of the
Period-17/4/2021 reply of
o 16/4/2023 h i - 5
corresponding para of the counter alfidavit and the
same are
not repeated herein for the sake of
brevity.
I. That the content of the para no. 1 of the counter affidavit need
no reply.
 -iVThat the contents of Para I to IV of the counter affidavit are

Wrong and denied except the facts which are matter of record.

lt is submitted that as per the counter affidavit petitioner has

abandoned her child. It is relevant to mention here that

petitioner has celebrated his first birth day at her

matrimonial home same is evident from the photographs

dated 14.03.2022. The copy of
photograph dated 14.03.2022

i.e. birthday celebration photo of minor child is annexed

herewith as Annexure P9. The content of preliminary

submissions and reply of preliminary objections may be read

as part and parcel of the reply of corresponding para of the

counter affidavit and the same are not

repeated herein for the
sake of brevity.

V. That the content of the para no. v of the counter affidavit

need no reply.

VI-XVII That the contents of Para Vl to XVII of the

counter

affidavit are wrong and denied except the facts which are

matter of record. It is vehemently denied that the petitioner

s e ao i O a t h
Commi
S.L. No. 387/202
has abandoned the minor child due to her hims and fancie
ANJEET KUMAR
ApD.By. DelthiHigh CeurtThe content
elhi-54 % of preliminary submissions and reply of
Period-17/4/2021
to 16/4/2023
*ri Cour preliminary objections may be read as
part and parcel of the

reply of corresponding para ol the counter affidavit and the

same are not repeated herein lor the sake of

brevity.
 AV-XIX That the content of the corresponding para XVIlI-XIX of

the counter aflidavit clearly shows the factum of his first

marriage with Rachna. It is submitted that corresponding

para of the petition is very relevant to show his illegal

conduct. It is pertinent to mention here that respondent no. 5

is not entitled of minor child less then 5 years who has ruined

the life of the 2 i.e. and Rachna. The

women petitioner
content of preliminary submissions and of
reply preliminary
objections may be read as part and parcel of the reply of

corresponding para of the counter affidavit and the same are

not repeated herein for the sake of brevity.

XX-XXII That the contents of Para XX to XXII of the counter

affidavit are wrong and denied except the facts which are

matter of record. It is vehemently denied that the petitioner

has abandoned the minor child due to her whims and fancies.

REJOINDER TO THE REPLY T0 THE GROUNDs OF

THE
PETITION

A-F. That the contents of grounds A to F of the

counter affidavit
of Catl. Co
if are
s.L. No. 367/2021 wrong and hence same are
categorically denied. The
ANJEET KUMAR
ADD. By. Delni High Courconlents of corresponaing para ol petition are reaffirmed. The
Period-17/4/2021
tto 16/4/2023 6ntent of the wril petitiorn and
preliminary submission and
reply of preliminary objectiOn in this
rejoinder may be read as
 part and parcel of the reply to the corresponding para of the

counter affidavit and the same are not repeated herein for the

sake of brevity.

5. That the content of 5 of counter affidavit need

para no. no reply.
PRAYER CLAUSE OF THE COUNTER AFFIDAVIT ARE
VEHEMENTLY DENIED.
Presenct
who

Deponent
t h e m y
T
Identiiy
signed
in

DEPONENT
has

VERIFICATION 7 SEP 2022

I hereby verify that the contents of the above
rejoinder
affidavit, are true and correct to the best of my knowledge and

nothing has been concealed there from.

Verified at Delhi on this 27th September 2022

of Oath mImissio
s . L . NO.387/2021
ANJEET KUMAR
CERTIFIED
Shri/Smt.
Slo /Km..THAT
Wlo D/o. . THE DEPONEN
DEPONENT

App. By.
Delhi High
Court

dentitindy I)...**orso**.s*
Period-17/4/2021

es sC' S.. Ciiimed. **uauo*esoe

Tis H to 16/
023
Dehi Kayas
C...
that ihe
lains
been rea id
.. .
of at Si. Ko..
the
Una,bn
explained Affidavit
correctis hs knovitedge to wii n..
hii are irue
anu

Tommsien
SEP 20
 ANNEXURE - P8
10

TRANSCRIPT OF AUDIO/VEDIO RECORDING

TRANSCRIPT OF POLICE OFFICIAL OF P.S. MAYAPURI

COVERSATION WITH RESPONDENT NO. 6 AT RESPONDENT NO. 5

& 6 HOUSE

Hello

Hanji Sir

Sir aisa hai court

Bacha dena,

Meri baat suno bacha Dene ka nahi keh rahe ap ye btao bacha hai

kaha pe,

Apke pas kaha pe, konsi jagh hai

Toa bache ko vaha le ke gye hue ho ap

Kon kon aaye hue ho ap

Kiska father hai, bache ka

Bache ka father vo to Vikram to ye keh raha hai ki mai tis Hazari

mein hu

Yr abi to aap yai keh rahe the mai vaha gya hua hu uske father ko

sath lai ke

Meri baat suno, nai nai… pehlai aisa hai meri baat suno Bhai sahib

Meri baat suno

…IN ABUDIBLE…..

High court Mein chahe ap

 11

Bache ki custody

Yr Haan to apki jo possession hai ke apke pas Jo letter h vo letter

ko dikhao na court ko

…IN AUDIBLE….

Meri baat suno phle baat ye hai ki yr

Ap sun toh rahe ni ho,

Hn meri baat suno phle aap, meri baat suno,

Mai ye ni keh raha ki ap bacha inko de do,

sabse pehli baat,

Mai ye ni keh raha ki ap bache ki custody inko de do, Bache ki

custody to court decide krta h na mai kruga na ap kroge

Mai sirf,

Ha bilkul,

Ap Ye toh bta skte ho ki bacha hai kaha pe hume is cheez ka toh

proof chahiye na

Ap toh jhooth bol rahe ho,

Ap bol rahe ho jhooth,

Haan apki baat jhoothi yai hai ki apne ye bola tha…….

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