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IN THE COURT OF DISTRICT JUDGE AT JORHAT

T.S.(M) No.103 of 2014

IN THE MATTER OF:Sri Prabin Goswami

…..Petitioner -Versus

Smti Ranjumoni Goswami…..Respondent

-AND-IN THE MATTER OF : Written Objection on behalf of

the Respondent above named.

The above named respondent MOST RESPECTFULLY SHEWETH:1. That the divorce petition is not at all maintainable in its present

form and as such the same is liable to be dismissed.

2. That the divorce petition is barred by limitation and as such the same is liable to be dismissed.

3. That there is no cause of action for filing the above-noted divorce petition by the petitioner and as such the divorce petition is liable to be dismissed.

4. That with regard to the statements made in paragraphs No.1, 2, 3, 4 and 5 of the Divorce petition filed by the petitioner, the answering respondent offers no comments.

5. That as regards to the statement made in paragraph 6 , 7 and 8 of the divorce petition the allegations made against the respondent are absolutely false. The answering respondent begs to state that after marriage, from the very next day itself the petitioner and his family members mentally harassing her by showing some indifferent behaviour. As stated by the petitioner, he used to stay

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in his official quarter, as he is working in Charaipani Tea Estate, Titabor and therefore he used to come to his residence at Nepali Satra, Teok, once in a week. Therefore the answering respondent has to stay with the mother, unmarried sister and two brothers of the petitioner. The family member of the petitioner more particularly the mother and the unmarried sister often used some abusive language to the respondent. The mother in law of the respondent never allowed her to enter in their kitchen even she was not allowed to make a cup of tea to her husband.

The answering respondent further begs to state that one day when she clean the house of the petitioner, the said unmarried sister of the petitioner physically assaulted her by grabbing her hair. In one another instance the same lady physically assaulted the respondent, when she tried to prepare some dal in the kitchen.

When the petitioner informed the said incidences to her husband i.e. to the petitioner, he never supports her. The respondent several time requested the respondent to take her to the official quarter. All the time the petitioner refuses the said proposal of the respondent by showing some lame excuses. Then the respondent understands that the family members reported some false allegation against her before the petitioner.

The answering respondent further begs to state that she neither interfere nor make any complainant in any family disputes of the petitioner as she was newly married to the said family. The respondent has no any objection about the economic condition and the standard of living of the petitioner as because she has entered into the marital relationship with the petitioner after knowing fully well about the petitioner’s family and she has give her consent before entered into the marriage with the petitioner.

6. That with regard to the statement made in paragraph 9 of the divorce petition, the answering respondent completely denying the averment made by the petitioner. In this regard the answering respondent reiterates the statement made in paragraph 7 of the instant written objection.

7. That with regard to the statement made in paragraph 10 of the divorce petition, the answering respondent completely denying

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the averment made by the petitioner. The allegations made by the petitioner are absolutely false, concocted and baseless.

8. That with regard to the statement made in paragraph 11 and 12 of the divorce petition, the answering respondent completely denying the averment made by the petitioner. The actual facts of the story are that the mental harassment and torture upon the respondent has been increasing day by day and finally the petitioner sent the respondent to her maternal house. After the said incident the respondent and her family members repeatedly requested the petitioner to take her to his official quarter but all were in vain. The answering respondent further begs to state that after all aforesaid effort when no fruitful result came out, on 09/09/2013 the respondent approached before the Counsellor, Family Counselling Centre, Teok, Jorhat and submitted a written complaint against the petitioner and his family members i.e. the mother and the unmarried sister and subsequently the said authority registered the case as FCC/ASG/C No-992. On 03/03/2013 the Counsellor, family Counselling held a session meeting in presence of 14 members including the petitioner and the respondent. But on that day also the petitioner neither shows his willingness to take her to his official quarter nor to accept the respondent as his wife. In this regard on 03/10/2013 the counsellor prepared a detailed report regarding the said case.

Thereafter when no hope left for reunion of the petitioner and the respondent ultimately on 04/10/2013 the respondent lodge an Ezhar before the Officer-in-Charge, Teok Police Station against the petitioner and his mother and unmarried sister. Subsequently the police authority registered the said complaint as Teok P S case No. 259/2013 u/s 498 A IPC and started investigation

A copy of the complaint dated 09/09/2013, report dated 03/10/2013 and FIR dated 04/10/2013 are annexed hereto and marked as ANNEXURE- 1, 2 and 3 respectively.

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9. That with regard to the statements made in paragraphs 13 of the Divorce petition filed by the petitioner, the answering respondent offers no comments.

10. That with regard to the statement made in paragraph 14 of the divorce petition, the answering respondent completely denying the averment made by the petitioner. The actual facts of the story is that and as stated in paragraph 10 of the instant written objection the petitioner directed his brother to took the respondent to her maternal home but to the utter shock to the respondent the said brother-in law left her in the mid way i.e. near Amguri. Having no way left she informed her own brother and thereafter the said brother of the respondent took her to her maternal home.

11. That with regard to the statement made in paragraph 15 of the divorce petition, the answering respondent completely denying the averment made by the petitioner. The actual facts of the story is that when the petitioner sent the respondent to her maternal home against her consent, several time she requested him to allow her to take some important articles which she could not carry at the time of leaving the residence of the petitioner. But all the time the petitioner rebuked the respondent with some filthy language. Having no way left the respondent approached the Hon’ble Chief Judicial Magistrate, Jorhat by filling a complaint petition under section 12, 19 (8) read with 23 of the Protection of Women from Domestic Violence Act, 2005 seeking a direction from the said court to issue necessary direction to the petitioner/husband to return to the possession of the aggrieved person her Stridhan or other property or valuable security. After hearing the aggrieved person i.e. the answering respondent the Hon’ble Court directed the Officer in charge, Teok police station to accompanying the respondent to take possession of her Stridhan. Therefore there was question arise to inform the petitioner/husband or to take his consent from him to take the Stridhan from the house of the petitioner.

A copy of the order dated 30/10/2013 is annexed hereto and marked as ANNEXURE- 4.

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12. That with regard to the statement made in paragraph 16 of the divorce petition, the answering respondent completely denying the averment made by the petitioner. The answering respondent begs to state that she is a house wife and she has no any means of livelihood. While the petitioner/husband has not pay a single penny to the respondent for day to day expenditure, she has to again approached the Hon’ble Chief Judicial Magistrate, Jorhat by filling a petition under section 12, 20 read with 23 of the Protection of Women from Domestic Violence Act, 2005. After hearing the parties the Hon’ble court was pleased to pass an ex-parte judgment directing the petitioner/husband to pay Rs. 3000/- as maintenance to his wife from the date of filling of the said application. It is stated that the petitioner/husband was given ample opportunities to file written objection in the said case but he has not filed any objection petition for the reasons best known to him.

A copy of the order dated 30/10/2013 is annexed hereto and marked as ANNEXURE- 5.

13. That with regard to the statement made in paragraph 17, 18, 19 and 20of the divorce petition, the answering respondent completely denying the averment made by the petitioner.

14. That with regard to the statements made in paragraphs 21 of the Divorce petition filed by the petitioner, the answering respondent offers no comments.

15. That with regard to the statement made in paragraph 22, 23 and 24 of the divorce petition, the answering respondent completely denying the averment made by the petitioner.

16. That the answering respondent respectfully submits that mismatching of mental frequency between the parties, unfaithful attitude towards the respondent and continuous disrespect showed by the Petitioner as well as physical assault by the petitioner and his family members, the respondent and her family members has irretrievably broken the marriage between the parties.

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17. That the answering respondent respectfully submits that when united life has created problems with no definite solution then it is always better to be drifted apart as such the respondent respectfully prays to grant the decree of divorce to the respondent so that everyone can live in peace.

In the premises aforesaid, it is respectfully prayed that this Hon’ble Tribunal would be pleased to pass appropriate order as per law directing he petitioner to pay cost to the answering respondent for dragging her to the court and pass such other further order as your honou may deem fit and proper.

And for which act of kindness the humble answering respondent as in duty bound shall ever pray.

V E R I F I C A T I O N

I, Smti Ranjumoni Goswami, Wife of Sri Prabin Goswami, aged about …… years, Resident of Nepali Satra, Teok, P.O. & P.S.- Teok, Dist- Jorhat Presently Residing at C/O.- Sri Nakul Bhattacharyya, Resident of Arunodoi Path, Dakhin Sarbaibondha, P.O. & P.S.- Jorhat, Dist- Jorhat, Assam being well conversant with the facts and circumstances of the case am competent to sign this verification and I do hereby verify that the contents of paras 1 to 19 are true and correct to the best of my knowledge and I sign this verification this the 20th day of December, 2014.

VERIFICANT

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A F F I D A V I T

I, Smti Ranjumoni Goswami, Wife of Sri Prabin Goswami, aged about …… years, Resident of Nepali Satra, Teok, P.O. & P.S.- Teok, Dist- Jorhat Presently Residing at C/O.- Sri Nakul Bhattacharyya, Resident of Arunodoi Path, Dakhin Sarbaibondha, P.O. & P.S.- Jorhat, Dist- Jorhat, Assam do hereby solemnly affirm and state as follows:

1. That I am the respondent/wife in the instant case and as such I am well acquainted with the facts and circumstances of the case.

2. That the matters stated in paragraph(s) No.1 - 19 are true to my information and the rest are my humble submissions before the Hon’ble Court.

Oath“I swear that this my declaration is true, that it conceals nothing, and that no part of it is false, so help me God.”

And I sign this affidavit on this the 20 th day of December 2014 at Jorhat.

Identified by:

DEPONENTAdvocate

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