Written statement in a civil suit for declaration and permanent injunction 

The written statement on behalf of the defendant, Smt. Shahijan, was submitted in response to a suit for declaration and permanent injunction filed against her by Mubin. The defendant raised preliminary objections, including that the plaintiff's suit was not maintainable against her, the plaintiff had no cause of action, and the plaintiff had no locus standi to file the suit. The defendant's reply includes admitting the marriage between the parties but denying several other allegations made by the plaintiff. The defendant claims that the plaintiff harassed her over dowry and demanded a Maruti car from her, and that her family members gave her merciless beatings, snatched her jewelry, and turned her out of the matrimonial home.

IN THE COURT OF SH. ____________ACJ, SR. DIV. __________

Mubin Vs. Smt. Shahijan

SUIT FOR DECLARATION & FOR PERMANENT INJUNCTION

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

PRELIMINARY OBJECTIONS:-

1- That the suit of the plaintiff is not maintainable against the answering defendant

2- That the plaintiff has no cause of action to file the present suit against the defendant

3- That the plaintiff has no locus standi to file the present suit against the defendant

4- That the plaintiff has not come with clean hands before this Hon’ble court and he has suppressed and concealed the actual and material facts from this Hon’ble court and the present suit is nothing but a bundle of lies.

5- That this Hon’ble court has got no jurisdiction to entertain, try and decide the present suit because the present suit is for divorce and for deciding the matrimonial disputes there is a special Court i.e. Family court, Faridabad which has the original and exclusive jurisdiction to try and decide the present suit. Hence the suit of the plaintiff is liable to be dismissed on this ground alone.

REPLY PARAWISE

1- That the contents of Para No.1 of the plaint are correct and admitted to the extent that the marriage between the plaintiff and the defendant was solemnized on 02-04-2006 as per Muslim rites and customs at village ____________. However the plaintiff has concealed the factum of determination of Mehar (Dower) of 2 Tolas of Gold was fixed at the time of marriage, being intrigal and mandatory part of the Nikah /Muslim marriage. Even as per the legal definition of the Muslim marriage, “ Muslim marriage is a contract between the husband and wife, for the procreation of the children, in lieu thereof dower”. The plaintiff has suppressed and concealed this factum and the suit of the plaintiff is liable to be dismissed upon this score alone.

2- That the contents of Para No.2 of the plaint are admitted to the extent that out of the marriage of the plaintiff and the defendant two children have been born. However, rest of the contents of this Para are wrong and vehemently denied. It is submitted that just after the marriage, being aggrieved from the dowry articles gave by the parents of defendant, the plaintiff and his family members started harassing the defendant. The plaintiff and his family members raised the demand of Maruti Car from the answering defendant. The defendant told about the demand of car to her parents. The defendant requested the plaintiff and his family members that her parents are unable to fulfill their demand because they have other liabilities of the family. But the plaintiff and his family members did not accept the requests of the defendant and remained adamant on their illegal demand of Maruti Car. The plaintiff and his family members gave merciless beatings to the defendant for non-fulfillment of their dowry demand and they threatened if the defendant will not bring the Maruti Car from her parents then they will defame the parents of the defendant. The parents of the defendant convened several Panchayats in this regard but the plaintiff and his family members remained rigid on their illegal demands.

It is further submitted that on 25-12-2010 the plaintiff and his family members including the sisters of the plaintiff namely ______________ gave merciless beatings to the defendant. The mother in law gave Danda blows on the back of the defendant, and the father in law namely Bashir and the sisters in laws dragged the defendant on the earth. The plaintiff and his family members snatched gold necklace, earrings from the defendant, which were kept by the plaintiff and his mother. The plaintiff and his family members divided the entire ornaments of the defendant amongst them. The plaintiff and his family members turned out the defendant from her matrimonial house. Kalwa and Jhabbar said turn her out the defendant from the matrimonial house so that the father of the defendant may fulfill their demands. The plaintiff and his family members threatened the defendant if she takes any action against them then they will kill her.

The defendant stayed at her parental house a long time but the plaintiff and his family members remained adamant on their illegal demands The parents of the defendant convened the panchayat at the house of the plaintiff and his family members and left the defendant at her matrimonial house. Thereafter the behaviour and attitude of the plaintiff and his family members increased day by day against the applicant. They said that the defendant has returned to the life of the plaintiff and his family members and they will not keep and maintain the defendant and they also threatened that they will turn out the defendant and will solemnize the marriage of the plaintiff with another lady.

It is further submitted that in the meanwhile the plaintiff and his family members in order to take reengage from the defendant and to defame her entire family they were able to kidnap the younger sister of the defendant and kept her in their confinement and under threats and under illegal pressure and influence made her to marry the plaintiff. However since the younger sister of the answering defendant is not permitted by Muslim Personal Law to marry the husband of the elder sister so the second marriage of the plaintiff with the younger sister of the defendant is altogether illegal and null and void and a case under various sections including kidnapping and Under section 420 IPC has been pending against the plaintiff and his family members in that respect and this is why now the present suit is being filed by the plaintiff in order to get the court orders to cover up his and his family members sins.

Even after that the plaintiff and his family members did not provide the food to the defendant and her minor kids and the parents of the defendant helped her. Now the plaintiff and his family members have turned out the defendant from her matrimonial house and the defendant has been residing at her parental house.

It is further submitted that the defendant filed a complaint dated 15-09-2011 before _______against the plaintiff and his family members and FIR under section 498A/406/506 IPC has been lodged against the plaintiff and his family members and their bail has already been cancelled by the Hon’ble Sessions Court, __________ and now their bail matter is pending before the Hon’ble High court of Punjab & Haryana at Chandigarh due to the seriousness of offence.

3- That the contents of Para No.3 of the plaint are wrong and vehemently denied. The reply in this regard has already been given in the forgoing Para No.2 which may be read as part and parcel of reply to this Para for the sake of brevity and avoidance of repetition.

4- That the contents of Para No.4 of the plaint are wrong, false incorrect and hence vehemently denied. It is wrong and denied that on 20-12-2010 the plaintiff was called by the defendant and by her parents and other members of the family at their house. It is also denied that he was compelled to give divorce to the defendant by customary and religious announcement of Tala Talaq Talat for three times.

It is submitted that if at all the plaintiff was forced to pronounce the alleged triple Talaq, why he has not reported the matter to the police or to any one else and even otherwise Talaq is not valid as per Muslim Personal Law until and unless a person does not pronounce Talaq voluntarily in the presence of witnesses after failed attempts of reconciliation, so the story stated herein by the plaintiff is nothing more than an alibi to cover up the sins and atrocities committed by him and his family members upon the defendant

Rest of the contents of this Para is wrong and vehemently denied. It is submitted that the entire story as alleged in this Para is a completely false and concocted in order to cover up the wrongs and the sins committed upon the defendant by the plaintiff and his family members.

5- That the contents of Para No.5 of the plaint are wrong and vehemently denied. It is wrong and denied that the date of divorce is 20-12-2010. It is wrong and denied that the plaintiff is out of the bonds of being husband of the defendant. It is submitted that the plaintiff cannot be allowed to misinterpret the provisions of law and to fool the public at large and to get favourable orders from the court in the disguise of wrongful assertions and statements. The plaintiff is a criminal and still a number of criminal cases of kidnapping and cheating are pending against him.

6- That the contents of Para No.6 of the plaint are wrong and vehemently denied. It is wrong and denied that now a greed has developed again in the mind of defendant and her parents or that she has again started giving the name of the plaintiff as her husband, or that it is wrong and incorrect and against facts or that the same cannot be approved by the plaintiff.

It is submitted that the plaintiff has to be put to strict proof of every thing. It is further submitted that in order to hold his marriage with a younger real sister of the defendant as to be legitimate he is trying his level best to put forward these kinds of allegations. It is settled law that no two real sisters can be married to one husband and the second marriage of the plaintiff with the younger sister of the defendant is nothing but a total nullity.

7- That the contents of Para No.7 of the plaint are wrong and vehemently denied. It is wrong and denied that the divorce between the plaintiff and the defendant came into operation after the marriage of the plaintiff with Smt. Anjum real sister of the defendant. It is submitted that under what principles of law the divorce came into effect between the plaintiff and the defendant.

It is submitted that where is the consent of the parents of the defendant to the marriage of the plaintiff with Smt. ______ (real younger sister of the defendant). The alleged forceful marriage was got solemnized without the consent of parents of the defendant and Smt. _______ at a far away place after putting her under threats and coercion and under threat of life and to which even Anjum has not consented and her signatures /thumb impression have been obtained by force. It is further submitted that at the time of alleged marriage of the plaintiff with Smt. Anjum (real younger sister of the defendant) Anjum was minor below 18 years and she was not legally entitled to give her consent to any marriage whatsoever and further more the plaintiff has procured a false, bogus and fabricated birth certificate of Anjum and the same has been disapproved by the Birth Registrar, ________ as never having been issued by them and for that section 420 IPC has been added by the police against the plaintiff for which he has to face the legal action and the case is still pending against him in the police.

It is further submitted that the factum of law that no second marriage can be solemnized by a Muslim to the real sister of her previous wife, hence, it is the second marriage which is illegal, not recognized by law and hence nullity. Rest of the contents of this Para are wrong and denied.

8- That the contents of Para No.8 of the plaint are wrong and vehemently denied. It is wrong and denied that on the point that the above stated divorce was or was not valid, a Fatwa (Ruling) has also been given by the authorities enjoying the religious position. It is submitted that the law on this particular aspect has very well been settled by the Hon’ble Apex Court. It has been settled by the Hon’ble Apex Court that first of all there has to be at least 2 to 3 reconciliation Panchayat meetings and if the same are failed to reconcile both the parties then both the parties have to consent for divorce alongwith their respective parents, guardians, and respectable witnesses and the same has to be reduced into writing, then only it would be a valid Talaq. No one under the garb of Muslim law should be allowed to misinterpret or misconstrue the settled provisions of the law. Even otherwise as per Quaranic injunctions and Muslim Personal Law a Muslim is not allowed to triple Talaq his wife at one go and the same is bad i.e. void. Rest of the contents of this Para are wrong and denied.

9- That the contents of Para No.9 of the plaint are wrong and vehemently denied. Every contents of this Pare bundle of lies and are wrong, concocted, false and fabricated. It is submitted that the defendant is still a legally wedded wife of the plaintiff.

10- That the contents of Para No.10 of the plaint are wrong and vehemently denied. the plaintiff has no cause of action to file the present suit against the defendant. The assertions made herein in this Para are false and are vehemently denied.

11- That the Para No.11 of the plaint is legal

12- That the Para No.12 of the plaint is legal

13-That the Para No.13 of the plaint wrong and denied. It is submitted that this Hon’ble court has got no jurisdiction to entertain, try and decide the present suit because the present suit is for divorce and for deciding the matrimonial disputes there is a special Court i.e. Family court which has the original and exclusive jurisdiction to try and decide the present suit. Hence the suit of the plaintiff is liable to be dismissed on this ground alone.

14-That the contents of Para No.14 of the plaint are wrong and vehemently denied. It is submitted that a case Under section 498A/406/506 IPC is pending before the Illaka Magistrate and another petition under section 125 Cr. P.C. is pending before the Hon’ble District Judge, Family court and another petition under section 12 of the D.V. Act is also pending before the Learned Illaka Magistrate, against the plaintiff and his family members. the present suit is nothing but a counter blast to the above said cases. Hence the suit of the plaintiff is liable to be dismissed alone on this score as the plaintiff has concealed the pendency of the above noted cases against him.

REPLY TO PRAYER:

That the prayer of the plaint is wrong and vehemently denied. The plaintiff is not entitled for any decree of declaration to the effect that after the divorce dated 20-12-10 is not a wife of plaintiff. The plaintiff is also not entitled for any relief of permanent injunction to restrain the defendant to be claimed as wife of the plaintiff or that the suit be decreed with costs nor entitled for any other relief against the defendant.

PRAYER:

It is, therefore, prayed that the suit of the plaintiff may kindly be dismissed with costs.

                                                                                                                                DEFENDANT

Through counsel :


VERIFICATION. Verified that the contents preliminary objections No.1 to 5 of the written statement are true to best of my knowledge and reply parawise from Paras No. 1 to 13 of the written statement are true and correct to the best of our knowledge and nothing concealed there in. Verified at

                                                                                                                                DEFENDANT