IN THE COURT OF SH.
SANJAY JINDAL, PRINCIPAL
JUDGE, NORTH DISTRICT, FAMILY COURT, ROHINI,
DELHI
Ex-………../2023.
IN THE MATTER OF:-
RITU …DECREE HOLDER
THROUGH
SH. AMIT …JUDGMENT DEBTOR
OBJECTIONS ON BEHALF OF THE JUDGMENT DEBTOR TO THE
EXECUTION FILED BY THE DECREE HOLDER
Most respectfully Showeth:-
1. That the objection no 1 of the execution is that
the Decree Holder as after the marriage, the
Judgment Debtor started to reside at the prenatal
house of the Decree Holder. The Judgment Debtor has
been tortured mentally as well as physically by the
Decree Holder. The marriage was a “Love- Marriage”
(running marriage) which was solemnized on
21.05.2015 in Arya Samaj Mandir, A-75, 3rd Floor,
Prashant Vihar, Delhi-110085. Thereafter the
marriage was registered in the office of Registrar,
District North, Delhi. The Judgment Debtor never
created any unpleasant atmosphere in the parental
house of the Decree Holder. The Judgment Debtor
never harassed the Decree Holder on the other hands
the Judgment Debtor was forced to cooking and other
household work. The behaviour of the Decree Holder
has always been uncooperative quarrelsome and rude.
The marriage between the parties was a dowry less
marriage an affidavit to this effect had been
prepared by the Decree Holder at that time.
(AFFIDAVIT OF THE DECREE HOLDER AND THE JUDGMENT
DEBTOR ARE ENCLOSED HEREWITH).
2. That the objection no 2 of the execution is that
after sometime of the marriage, the behaviour of
the Decree Holder changed towards the Judgment
Debtor, he was shocked to see her behaviour. He was
neglected frustrated with his married life. The
Judgment Debtor was working in R2C company at
Subhash Place, Delhi as per the requirement the
Judgment Debtor has to open his own bank for
transfer of salary, however he was not allowed by
the Decree Holder instead off it, a joint account
was opened by the Decree Holder with the Judgment
Debtor, wherein the Decree Holder became the
primary account holder so that she have full
control of the same not only this the Decree Holder
kept the Debit card of the Decree Holder with her,
the Judgment Debtor was not allowed to operate the
said account. It is pertinent to mentioned here
that the Judgment Debtor was not having any
financial freedom in all respect.
3. That the objection no 2 of the execution is that
the Decree Holder has suppressed the material fact
before this Hon’ble Court and brought a false
concocted and baseless story before this Hon’ble
Court. The Judgment Debtor was beaten up by the
Decree Holder and his sister. The Decree Holder
forced the Judgment Debtor to executed an affidavit
at the time of marriage that the family of the
Judgment Debtor will not have any concerned in the
married life of the Decree Holder and the Judgment
Debtor. (AFFIDAVIT IS ENCLOSED HEREIN). She kept on
threatened the Judgment Debtor if he objected any
of her wish, she will file false cases against the
Judgment Debtor as mentioned in the present
affidavit. The Judgment Debtor was not allowed to
go outside the house of the Judgment Debtor with
his own wish. He was not even permitted to meet his
friends and relative if the Judgment Debtor somehow
stayed a bit longer in the market then his wife
forced him to come on video call to prove his where
about. The Judgment Debtor was forced to file many
complaints against the family members of the
Judgment Debtor. The Decree Holder totally failed
to discharge her matrimonial duties towards her
husband, on the other hands the Judgment Debtor
made all possible efforts but all in vain.
4. That the objection no 4 of the execution is that
due to behaviour of the family member of the Decree
Holder, Judgment Debtor started living him utmost
stress and tension and it became very difficult for
the Judgment Debtor to live the parental home of
the Decree Holder and the Judgment Debtor left her
parental home on 12.11.2020. The condition of the
Judgment Debtor became more critical due to the
mental stress and harassment given by the Judgment
Debtor and after that the Judgment Debtor has to
get treatment in IHDAS Hospital Delhi. (Copy of
medical report is enclosed herewith).
5. That the objection no 5 of the execution is that
the decree holder is an educated lady and she is
post graduate having Diploma of Librarian. It is
also pertinent to mention here that from
01.03.2012, she was working in the APG Public
School, Sapla Road, Kharkhoda, Sonipat, Harayana-
131402 (experience letter is annexed herewith)
after that she was working in Central Library as a
Data Entry operator from 16.12.2016.(Experience
letter is annexed herewith). Thereafter she was
working in Lady Harding Medical College & Sucheta
Kripalani Hospital, New Delhi-110001 as a Assistant
Warden and was earning Rs.31,244/- per months till
20.05.2020 after that she resigned from the
hospital(appointment letter, attendance sheet, copy
of the salary cheque, copy of the payment of salary
through electronic clearing system, copy of e-
payment, resignation letter are annexed herewith)
and stated to work in a company and is earning
Rs.35,000/- per month. It is also pertinent to
mention herein the decree holder having PAN Card
bearing No.BAXPR3679C and the decree holder is also
filing Income Tax Return (copy of ITR is annexed
herewith). The decree holder is/was residing at her
parental home. The decree holder is also having two
FDRs and also having three bank accounts, one is a
joint account with the judgment debtor another
account number is in State Bank India, Branch Badli
and one more account bearing no. 34799257080 in
State Bank of India, Branch Sector-18, Rohini,
Delhi (related documents are enclosed herewith) in
this way the decree holder is earning a handsome
amount and living a luxury life on the other hands,
the judgment debtor is a patient, mentally
depressed and getting treatment from IHBAS
Hospital. With a great difficulty he is earning
Rs.9,530/- per month in the Pankaj Book Depot &
Sports Center.
6. That the objection no 1 of the execution is that
there is no cause of action arose in favour of the
Decree Holder and against the parents of the
Judgment Debtor.
PRAYER
In view of the objection mentioned above it is
therefore most respectfully prayed that the execution
of the decree holder may kindly be dismissed, in the
interest of justice.
Delhi
Dated:-
DECREE HOLDER
Through
VANDANA RUHELLA
&
Abhishek Ruhela
Advocate
Off- 1972 Gali No 3
Kailash Nagar Delhi-31
IN THE COURT OF SH. SANJAY JINDAL, PRINCIPAL
JUDGE, NORTH DISTRICT, FAMILY COURT, ROHINI,
DELHI
Ex-………../2023.
IN THE MATTER OF:-
RITU …DECREE HOLDER
THROUGH
SH. AMIT …JUDGMENT DEBTOR
AFFIDAVIT
I, Amit Kumar Malik S/o Sh. Yogender Pal Singh R/o E-
191, Gali No. 10 Khajuri Khas, Karawal Nagar, North
East District-110094, do hereby solemnly affirm and
declare as under:-
1. That the deponent is the judgment debtor in the
above noted execution petition and I am fully
conversant with the facts of the case and competent
to swear this affidavit.
2. That all content of my accompanying objection of
the execution has been drafted by my counsel under
my instruction and the contents of the same has not
been repeated herein for the sake of brevity and
have been read over and explained to me in
vernacular and are true and correct to my knowledge
and belief.
Deponent
Verification:-
Verified at Delhi on this…… day of Feb, 2023 that
the contents of my above affidavit are true and correct
to my knowledge, no part of it is false and nothing
material has been concealed therefrom.
Deponent
