Petition A- 234/2024

In the Hon’ble Family court of Nashikroad, At Nashik

Smt Sonam Rajesh Sharma ----------- Petitioner

V/s

Mr. Rajesh Kesari Sharma -------------- Respondent

Written Statement on behalf of Respondent

The Respondent most respectfully submits that:

1) The Petition is not true and correct and denied by the
Respondent in toto
2) The content of the Petition of the Petitioner which are clearly
Denied by the Respondent, the Burden of Proof to prove
those facts lies on the Petitioner.
3) The content of Para 1 of the petition are true and correctthus
accepted.
4) The content of Para 2 of the petitioner correct and therefore
accepted.
5) The content of Para 3 of the petitioner true and hence
accepted.
6) The content of Para 4 of the Petitioner correct and therefore
accepted.
7) The content of Para 5 of the petition are utterly false and
untrue and therefore not accepted.
8) The content of Para 6 of the petition are not true and therefore
rejected.
9) The content of Para’s 7,8,9 of the petition are not true and
therefore not accepted. The respondent made every possible
effort to reside with the Petitioner but Petitioner left the
matrimonial home with their son without any valid reason.

The True facts of the case are as follow:

1) The Petitioner and Respondent got married on 27thMay,2014

and started living as husband and wife at the house of the
Respondent. The Petitioner from the start of their Marriage
has been continuously harassing the Respondent mentally
.The Petitioner and respondent’s mother used to get into
frequent argument due to behaviour of petitioner. The
Petitioner from the 1st day of their Marriage urged the
Respondent to live separately despite knowing the fact that
Respondent’s parent’s were quite aged and he was their only
 child. The Respondent many a times explained it to the
Petitioner that he cannot leave his parents in their time of need
and everytime such conversation lead to argument between
the Petitioner and the respondent.

2) The Respondent never demanded any kind of Dowry nor his

Parents ever demanded any kind of dowry from the Petitioner
or from her Family Members. The Petitioner bought her
Streedhan with her at the time of the marriage and it was kept
in her bank locker in the bank- Bank of Baroda, Indira Nagar
Branch. The Respondent and his parents never asked the
Petitioner about her streedhan.

3) The Petitioner is a used to drink and smoke but she did not
informed the Respondent about this until seven months in
their marriage. The Respondent on 25th December, 2014 came
home completely drunk at night. The Respondent’s mother
and the Petitioner had a huge argument and the Petitioner
hurled abuses and derogatory words towards the
Respondent’s mother and father.

4) Respondent’s parents agreed to let the Respondent and

Petitioner live separately as they did not wanted to create any
problem for respondent’s married life. The Petitioner always
doubted the character of the Respondent and has accused
Respondent of cheating on her several times without any valid
reason. One time she went to the office of the Respondent and
in front of all his friend and colleague alleged that Respondent
has cheated on her with his long time friend from work and
then the Petitioner slapped the Respondent in front of
everyone, this resulted in respondent’s character being
questioned in front of all his friend’s and colleague.
5) The Petitioner has repeated this kind of behaviour on several
occasions as whenever Respondent talked with any other
women in front of the Petitioner she got into arguments with
the Respondent and always questioned his character.

6) When Petitioner was pregnant with the child of respondent, in

the year 2016, the Respondent did everything in his power to
give anything and everything that was possible to the
petitioner. Despite this the Petitioner always alleged that
Respondent was having an affair with someone whenever he
was late in coming home at the end of the day. The
Respondent was mentally exhausted due to the behaviour of
Petitioner but he never expressed it as he thought that it will
adversely affect the health of the Petitioner and their child if
he got into an argument with the Petitioner.

7) After giving birth to their child Soham on 5th July 2017,the

Petitioner was going through Post Partum Depression for
which the Respondent took the Petitioner to consult Dr. Anand
Rathi. The Respondent never ignored the Petitioner and did
all the possible things for Petitioner while also taking care of
their child who was 6-7weeks old. The Petitioner started
drinking again during this time and also got into the habit of
smoking and used to ignore taking care of their child Soham.
The Respondent hired a full time Nanny for taking care of his
son as he had to go to his work .Many a times the Respondent
after coming home saw that the Petitioner was drinking while
their child was crying in the room. The Respondent has many
a time tried to make the Petitioner quite her habit of drinking
and smoking but every time he failed to do so.
8) Dr. Anand had said to the Respondent to take extra caution as
the Petitioner might try to harm herself or the baby due to
depression. The Petitioner during next few months time got
into a fight and argument’s with Respondent mother who
came to take care of Soham during the time when Respondent
had to go out of town for a meeting. The Petitioner behaviour
became more violent and she used to shout and hit people
around her.

9) The Petitioner behaviour was becoming more and more

violent due to which the Respondent had to get into a physical
struggle with her to stop her from harming herself and
anybody else. On 6thAugust 2018 when Respondent came
home he found Petitioner beating herself with a stick and
when she saw Respondent at the door she ran to hit him with
that stick but the Respondent tried to catch the stick as a result
of which he got an injury on his forehead . But despite the
injury sustained by the Respondent he rushed to the hospital
with the Petitioner to get her treated.

10) The Petitioner went to the Police Station on 12th August

and filed a complaint against the Respondent alleging that the
Respondent was committing mental and physical cruelty on
her and that he had beaten her with a stick which resulted in
her getting admitted to six sigma hospital for 6 days. The
police went to Respondent’s house and arrested the
Respondent and his Parents in front of the whole colony and
they had to spend the whole night in the Police station. The
Petitioner left the matrimonial home on 12th August,2018
with their child without giving any reason to the Respondent
and went back to live with her parents
11) On 28th September 2018 the Respondent went to
Petitioner’s parents home to bring the Petitioner and their
child Soham back but the Petitioner refused to go back to
Respondent. The Respondent went several times to convince
the Petitioner to come home with him but each time petitioner
made a huge argument about how the Respondent is not a
good husband and he does not have any kind of love for her
or for their child. The Respondent was physically and
mentally completely exhausted due to the Petitioners
behaviour. The Petitioner gave a threat to the Respondent that
if he comes back she will kill herself along with their child.

12) The Petitioner parents also tried to convince the Petitioner

to go back with Respondent but she started shouting at them
for trying to abandon their daughter and grandson.The
Respondent came home and lived alone and talked via Whats
App with his son. The Petitioner has never tried to make
amends in the relationship with the Respondent nor she has
ever tried to take the first step to improve the relationship with
respondent.

13) The Petitioner sent a Legal Notice through Adv. Sayli

Alone to the Respondent on 28th July,2022 and alleged that
the Respondent has committed cruelty on the Petitioner to
which the Respondent sent a Notice Reply dated 10th August
2022 and urged the Petitioner to return to her matrimonial
home with their child within 15 days but the Petitioner did not
returned to their matrimonial home but instead has filed this
Petition before the Hon’ble court.

14) The Petitioner has failed to be a good mother to the child

Soham as she herself is emotionally unstable and might harm
the child anytime. The Respondent has done everything in his
 power to take care of the Child Soham as well as of Petitioner
despite him being overworked

15) The Petitioner has left the matrimonial home on her own
accord and thus has no right to ask for Alimony nor has a right
to demand Maintenance from the Respondent. The
Respondent has paid for all the expenses of his son while the
Petitioner had never spent a single rupee for the child.
16) The Respondent is still ready to Reside and continue the
marriage with the Petitioner and has no intention of getting a
divorce with the Petitioner.

PRAYER.
The Respondent therefore prays before the Hon’ble court may it please
to grant an order

1) To dismiss the present Petition of the Petitioner.

2) Compelling the Petitioner to pay the whole cost for the suit.

3) Giving the custody of the child Soham to the Respondent.

4) Any other order that is in favour of Respondent and in interest

of justice, equity and good conscience.
Place : Nashik
 Date : 26th March, 2024

_______________
Respondent
-------------------
Advocate

VERIFICATION
I, Mr Rajesh Kesari Sharma Age- 31yrs,Occ- , Res- Flat no
3, Sunanda Apartment Indira Nagar Nashik, states on solemn
affirmation that the above mentioned content of the written
statement are true to my knowledge and in belief of which
signed here underneath.

Place: Nashik
Date: 26th March 2024

_________________
Respondent

----------------------
Advocate