DISTRICT: NORTH 24 PARGANAS

IN THE COURT OF THE LEARNED DISTRICT JUDGE AT BARASAT

RE: MATRIMONIAL SUIT NO.1035 of

2023

In the matter of:

1. Smt. RIYANKA DEBNATH

Wife of Sudipta Ghosh
Daughter of Sujit Debnath
Present resident at :Kutul Sahi
Road ,Khejurtala Lane No- 5 ,PO amd
PS - Barasat, Kolkata-700124,District-
North 24 Parganas,West Bengal.
Permanent Resident at Vill- Taki
Thuba, PO- Taki, PS- Hasnabad ,PIN-
743429,District- North 24-Parganas,
West Bengal
…
PETITIONER

-VERSUS-

Sudipta Ghosh.
S/O- Sanjib Ghosh
Resident at Vill- Taki Thuba (Spandan
Nursing Home) , PO- Taki ,PS-
Hasnabad,PIN-743429,District- North
24-Parganas, West Bengal
…Respondent

The Written Statement on behalf of the

Respondent above named.
MOST RESPECTFULLY SHEWETH:-

1. That the instant suit and the facts enumarated in the petition thereof are
wholly misconceived,fallacious,frivolous and vexatious, motivated amd
harrasing one.

2. That the petitioner projected the said application in instant suit with
sinister motive to take advantage of his own wrong and misdeeds and filed the
instant suit to harass amd humiliate the respondent.

3. That the said petition in the instant suit is not bonafide at all and the
petitioner has not come before this Ld. Court with her clean hand . That the
petitioner by suppressing the actual material facts and/or making false
statements and/or making statements which are all departure from the truth
and/or travesty of truth ,the petitioner has filed this case against the
Respondent.

4. That the Respondent herein denies each and every allegations contained in
the petition of this instant suit ,save and except what have been admitted
hereinafter. That each and every allegations/ statements/ averments contained
in the said petition as lodged by the Petitioner , which are contrary to the
record and/ or inconsistent therewith, are throughly denied and disputed and
not admitted by the Respondent and the Petitioner is called upon to strict
proof thereof.

5. That with regard to the content in paragraph No.1 of the said petition of this
instant suit, the Respondent herein admits that the parties to the instant suit
are Indian nationals and are Hindu by religion.

6. That with regard to the content of paragraph No.2 of the said petition of
instant suit, the respondent herein begs to submit that the social marriage
between the parties were solemnized on 09th Day of January 2020 and the
Registration of marriage was done on 19th Day of January 2020.

It is out and out false to say that on 4th Day of February 2020 marriage was
solemnized in the presence of friends, relatives and family members of both
the parties. In this context, the Respondent submits that the Petitioner and the
Respondent was known to each other and was engaged into a love
relationship and on 8th Day of January 2020 the Petitioner left her parental
house at her own will with the Respondent as she said to the Respondent that
her family members is against their relationship and will not accept the
Respondent as their Son- in-Law.That on 09th Day of January 2020 at the
time of social marriage no one from the petitioner's family was present.
7. That with regard to the content in paragraph No.3 and 4 of the said petition
the respondent hereby admits the facts.

8. That with regard to the content in paragraph No.5 the Respondent herein
begs to submit that the Petitioner is an escapist and opportunist by nature and
has never tried to follow the marital bond and duties of wife towards the
Respondent. The Petitioner voluntarily deserted the Respondent and went to
her parental home on 19th Day of March 2023 and never came back again
after several requests by the Respondent.

9. That with regard to the content of paragraph No. 6 the Respondent

categorically denied all the averments mentioned herein and call upon strict
proof.

10. That with regard to the content of paragraph No.7 there is no iota of truth
and a tall tale story to defame the moral character of the Respondent. Hence
the Respondent denied the statements made herein.

11. That with regard to the content of paragraph No. 8 and 9 of the said
petition of instant suit, the respondent hereby denies ,disputes, and repudiate
the alleged averments therein and puts to strict proof thereof.

In this context the respondent beg to state that the marriage between the
petitioner and respondent was a love marriage and the parents of the
Petitioner was against the relationship since very beginning.As a result the
Petitioner's parents drove away the petitioner from her parental home on 8th
Day of January 2020 in the evening.That when the Respondent came to know
about the said incident he take away the Petitioner along with him and
performed the social marriage on very next day ie. 9th January 2020.The
Respondent not only maintain his matrimonial duties towards the petitioner
but also has given due care and respect towards the petitioner during their
marriage.

12. That with regard to the content of paragraph No.10 of the said petition of
the instant suit the respondent denied the averments contained thereof.

13. That with regard to the content of paragraph No.11 of the said petition of
the instant suit the respondent is vehemently denied all the statements made
thereof

In this regard the Respondent beg to submits before this Hon'ble court that the
parental house of the Petitioner and the Respondent's house is located in the
same Municipal ward ie. (Ward No.8) under the local Jurisdiction area of
Taki Municipality And more specifically the distance between the two house
is maximum 200 Meter . So ,it may presume that the actual reason of death of
the Respondent's mother was within the scope of knowledge of the Petitioner
and her family members.That this scandalous story has been made by the
petitioner intentionally to harass and harm the reputation of the Respondent
and his Father.The Respondent hereby also prayed before the Hon’ble Court
to strike out the last line of the paragraph No. 11 of the petition of this instant
suit as it is scandalous, frivolous, vexatious with attempts to embarrassing the
respondent.

12. That with regard to the content in paragraph No.12 the respondent denied
all the statements except that the Petitioner was blessed by one male child on
01st Day of October 2020 rest of averments is denied therein and puts to strict
proof thereof.

13. That with regard to the content in paragraph No. 13 , 14 and 15 the
Respondent herein denied all the averments and puts to strict proof thereof.

In this regard the Respondent submits that after the marriage between the
Petitioner and Respondent the parents of the Petitioner always made
interference in their matrimonial life even in daily chores, the father of the
Petitioner even asked the Respondent to abort the baby and according to him
it was the time to enjoy their life in romantic way and if a baby take birth the
romanticism will be lost.The father of the Petitioner asked the Respondent to
leave his job and engaged in the family business of Petitioner's father it was
also advised by the Petitioner's father to the Respondent to sale his house and
to deposit the whole sale consideration by way of Fixed Term Deposit in a
joint bank account of Petitioner and Respondent.The parents of the Petitioner
was actually want the Respondent to be Resident Son- In- Law (GHAR
JAMAI).The Petitioner always had a delusional belief that the respondent is
being unfaithful to her.

14. That with regard to the content of Paragraph No 16, 17, 18 and 19 the
Respondent denied all the allegations and puts strict proof thereof.

In this context the Respondent begs to submits that since before the marriage
between the Petitioner and Respondent the father of the Respondent and the
Second Mother of the Respondent is living separately at different place which
is far away from the Petitioner and Respondent house ,Neither the father of
the Respondent nor his Second wife was presented at the time of the marriage
ceremony or registration time.

15. That with regard to the content of Paragraph No 20 to 24 of this instant

suit the Respondent denied all the averments and allegations.

The Respondent begs to submit all such framed allegations by the Petitioner
are lame and fabricated excuses on part of the Petitioner in order to find her
scope to initiate this Divorce suit and to get rid from the Respondent who is
helpless and living like a orphan with social dignity.

16. That there is no cause of action for the suit by the Petitioner. That it too
false to say that there is no chance for reconciliation or reunion between the
parties.

That the Respondent begs to submit that there has been no acts of cruelty on
part of the Respondent and all such framed allegations by the Petitioner are
lame and fabricated excuses on part of the Petitioner in order to find her scope
to initiate this Divorce suit and to get rid from the Respondent.

17. That in facts and circumstances as above , the Respondent hereby praying
that the prayer in the plaint by the said Petitioner for a Decree of dissolution
of marriage dated 04th Day of February 2020 by a Decree of Divorce is not
tenable and maintainable and the suit is liable to be dismissed in limini with
cost on part of the said Petitioner...
 VERIFICATION

I, SRI Sudipta Ghosh ,Son of Sanjib Ghosh resident at Village - Taki

Thuba, P.O - Taki, PS - Hasnabad , District- North 24 Parganas, PIN-743429,
West Bengal do hereby declare that the statements made in the paragraph 1 to
17 are true to the best of my knowledge and belief I sign this verification on
28 th Day of February, 2024 at the court premises.

DEPONENT

Identified by me

Advocate

AFFIDAVIT
I, SRI SUDIPTA GHOSH Son of Sanjib Ghosh permanent resident at
Village – Taki Thuba, P.O. – Taki, P.S. – Hasnabad, District – North 24
Pargans,West Bengal,PIN-743429 do hereby solemnly affirm and
say as under: -
That I am the Respondent of the instant suit and well conversant
with the facts as stated herein the above.
This is true to my
knowledge.
That the statements made in the paragraph nos. 1 to 17 of
the foregoing paragraphs of the written statement of the instant
suit are true to my knowledge and rests thereof are my
humble submissions before the Learned Court.
I sign this affidavit on this 28th day of February 2024 sitting at
Court premises.

Prepared in my office as per

______________________________
instruction of the deponent and SIGNATURE OF
THE DEPONENT
read over and explain the same
by translating in Bengali.

Advocate
Advocate