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VIL JUDGE (SENIOR DIVISION) AT KOLAR.

M.C. No.26/2013

Petitioner:- B.V, Venkateshappa,

V/s

Respondent; M.Nagarathana,

OBJECTION BY THE RESPONDENT TO THE PETITION

The respondent in the above case humbly submits

1. The averments made in para 3 of the petition

that the respondent is the legally wedded wife of

the petitioner. Their marriage took place on dt.

8.12.1996 at Sri.Vinayka Kalyana Mantapa,

Byatarayanapura, Bangalore, According to Hindu

rites and customs. the petitioner took the

respondent to his native place at Belamranahalli

Village. After the marriage the respondent lived

with petitioner only two weeks at Belamarnahalli

Village as per the request of the respondent.

During that period even after performance of the

marriage there was no consummation of marriage

between the petitioner and respondent with

respect to the sacred function was postponed

by respondent on one pretext or another at the

instance of her parents. There after there was

differences aroses, resulting in strained

relationship between petitioner and respondent.

The respondent is a graduate and hails from

Hebbal, Bangalore city from the official family.

Whereas, the petitioner is studied up to seventh

standard and not worldly wise and hails from

poor family and hence she could adjust with the

life style of the petitioner in the village. At that

juncture the respondent was in the family line.,

She had conveyed fasle and fraudulent allegations

against the petitioner about the alleged ill-

treatment and harassment to her parents, about

her stomach determination to leave the

company of petitioner. After knowing the same

the petitioner had advised the respondent and

tried to adjust his level best to avert any rift

between the petitioner and the respondent. But

the respondent did not mind her behavior

property towards the petitioner, but the

petitioner had tolerated all her on pricks and on

slaughts and advised her to be beautiful wife,

thereafter panchayaths was convened in the

house of the petitioner and respondent, both side

parents were also present. The petitioner and

respondent were also present. On the advise of

the panchayathdars and elders of both sides

advised the respondent to live amicably with the

petitioner, but the respondent had floated their

advise, as such the petitioner was unable to

satisfy the ambition of the respondent in a

dignified manner. On far with other standards in

the society. The respondent had floated the

conditions imposed prior to marriage about

marriages with me, that he is not a highly

educated person, not worldly-wise and not a rich

family, to meet the standard of living of

respondent with the me. Despite all these

conditions which I accepted for marriage, but yet

I use to maintain the respondent according to his

meager income derived from Coolie. Thereafter

without intimating me and my parents, I abruptly

by taking all the belongings i.e., articles

jewellary, cloths etc., to me which were given

at the time of marriage and without consummation

of the marriage, as the respondent were at all

times self willed and arrogant. As such the

respondent has started cruelty, ill, treatment,

neglect desertion and mental torture on the part

of the respondent towards me.

2. The Averments made in para 4 of the petition

partly true that correct I submit that the he has

joined the service as a teacher in private school at

Bangalore and drawing monthly hand sum salary

by taking opportunity and undue influence and in

support and instigation of my parents. rendering

the life of me. insecure unhappy and danger to

his safety. ……ill will and enmity between the

parents of the respondent with me on account of

the respondent’s false allegations, against to me

with dire consequences in future. I knowing the

same has gone to the house of the respondent by

requesting me to return the

matrimonial house and live amicably with me but

the respondent has totally refused the request to

me.

3. I submit that while the respondent in the family

line with me our occasions like.

a) the respondent was to abusing me and his

parents in foul language and picking up

quarrels and disturbed the piece of mind of me

and amounts cruelty.

b) The respondent was at all times self willed

and arrogant and use to exhibit ill tamper,

neglecting domestic duties resulting me and

attending his duties without food.

c) insulting and abusing in filthy language

breaking bangles with symbolizes matrimonial

union, striking the head against wall,

throwing away all the articles and attempting

to setting fire to her clothes etc., are sufficient

proof to make the life of in tolerable and it

amounts to cruelty,

d) I submit that steflthily removed manglya

chain and by saying in public that I have

removed the same and thus caused cruelty to

me.

e) I submit that the respondent abusing me in

public asking me cook food and throwing it by

saying it was not properly prepared.

f) Threatening to burn herself to file dowry case

and complaint to Mahila Commissions against

me threatening to murder at any time

g) When the petitioner has gone to the house of

respondent and her to return to the

matrimonial house. The respondent and her

parents did not allowing to have a cordial talk

with the respondent in the house, during the

time of her desertion from his house the acts of

the respondent also caused both mental and

physical cruelty to the petitioner.

6. The Averments made in para 6 of the petition

partly true that correct I submit that the behavior

and conduct of the respondent appear to be cruel

in both physical and mental and also I have

deserted without consumption of the marriage,

after the respondent left the house maintain me

according to the status in the society. But the

respondent has completely deserted without

reasonable and probable cause and denied the

matrimonial obligation to me. Even though the I

had made attempts to bring back. The respondent

to the matrimonial house, but all attempts wnet in

vain and his efforts proved futile by the acts of the

respondent. I have put to untold misery,

haradship and injury, it is not just and proper on

the part of the respondent to do so to the

innocent . Further there is no obligation on the

part of the respondent to bring back deserting

me. But having regard to the tradition and

customs in the Hindu parties to do so. Thus the

respondent had intentionally deserted to me

and left the matrimonial house without consent,

without reasonable and probable cause with an

intention to bring cohabition permanent with

me finally the panchayath was convened in the

respondent house in the first week of October

1998. In the Panchayath the petitioner and his

parents and the respondent and my parents along

with pancyahathdars were present, but even in

spite of persuasion advise of the panchayathdars

elders and well wishers of the family, the

respondent did not oblige to join the matrimonial

house by forgetting all the previous incidents and

to render martial obligations into me with

ulterior motive at the instigation of my parents.

7. The Averments made in para 7 of the petition

partly true that correct It is submitted that I and

respondent did not leave together since from

1997 and had reached a point where redemption

was impossible and consent to the joint me to

dissolve the marriage and made all attempts to

make endeavor to bring about reconciliation

between parties and did not fruitful and hence

there is inordinate delay in filing the petition.

Therefore there is no impediment of non

explanation of sufficient reasons for delaying in

filing the petition. I earlier had filed a petition in

M.C. No.37/1998 on the file of this Hon’ble Court

for the same relief which was dismissed for default

on 28.6.2003 and thereafter I had filed petition in

M.C. No.38/2003 for the same relief before this

Hon’ble Court I have filed I.A under order 23 rule

1 read with section 151 of CPC with a prayer to

permit him to withdraw the petition with a liberty

to file.

Wherefore, it is humbly prayed, that this Hon’ble

Court be pleased to dismiss the petition with

exemplary cost in the interest of justice and

equity.
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Advocate for Respondent

Respondent

VERIFICATION

The respondent in the above case do hereby

declare, that what is stated in the above

paragraphs are true to the best of my knowledge,

belief and information.

Bangalore

Date: Respondent