IN THE COURT OF THE CIVIL JUDGE (SR.DN.

) KARWAR
AT: KARWAR
M C No.11/2014

Petitioner : Smt.Pooja D/o gajanan Bhat,

Aged about 28 yrs, occu:Houshold,
R/o.C/o Digamber Naik,
Sankriwada,1st Cross road,
Shree Rama Builing,Karwar.581301

Vs

Respondent: Shri. Manjunath S/o Narayan Raikar

Age 34 Years
Occupation Lecturer in Government Polytechnic
R/ O Pitru-Chaya Behind Gujarat Bhavan
Deshpande Nagar Hubli

OBJECTIONS TO THE PLAINT FILED UNDER SECTION 13(1) (1A) AND (1B)
OF THE HINDU MARRIAGE ACT

The Respondent herewith respectfully begs to submit his objections as under:

That the marriage between the Respondent and the Petitioner is not in dispute.

The petitioner has filed the case on false and fabricated charges so as to escape the
responsibilities of a married life.

The cruelty alleged by her are not of a grave nature and do not constitute a state of
affaires where the conduct of the Respondent is of such grave and weighty nature

So as to make cohabitation virtually unendurable and cannot be described as cruelty at

all.
In a span of cohabiting for about sixty days of cohabitation no such incident have taken
place so as to warrant the voluntary leaving of the matrimonial house and staying away
for a period of three years and then filing for divorce.

It is alleged that the Petitioners parents have given 150 grams of gold, Silver articles of
one kilo besides one golden ring of one tola and two tolas of golden chain and Rupees
50000/- cash. The Petitioners parents have given the said articles gold and silver to their
daughter i.e. the Petitioner and the same have been taken back by the Petitioner at the
time of leaving our matrimonial house. The one tola gold ring and two tola of gold chain
and cash of Rs.50,000/- was given as dowry is totally false. The Petitioners parents have
given a gift voluntarily a gold ring and gold chain totally weighing 15 grams. This is
voluntarily gifted as per the customs in our community.

The Respondent stayed in the Petitioners parents house at Karwar for few days after
about a week of marriage as per custom and returned to the Respondents parents house
thereafter on 14th April 2011 both have gone to Mysore for tour.

It is not true to suggest that when they returned to Hubli the behavior of the Respondent
was totally different and not as a normal man. The Petitioner has failed to explain in what
way the behavior of the Respondent was changed and also what she means by him being
not a normal man. The type of abnormality is not set forth.

The allegations that the Respondent was looking at the Petitioner with suspicion doubt
and started harassing her is not at all true and correct, and the same is hereby specifically
denied. The Respondent has never been suspicious or doubtful about the behavior or the
character of the Petitioner.

The Petitioner did not possess any mobile during her entire period of stay with the
Respondent and it is false to say that the Respondent got suspicion about her alleged
incoming calls. When the Petitioner did not have a mobile at that time the matter of
incoming calls does not arise at all.

The allegation that the Respondent mercilessly is not at all true and correct and the
Respondent emphatically denies the said allegations.

The allegation that the Respondents mother was troubling the Petitioner and treating her
like a maid servant is totally false and fabricated for the purpose of dragging the
Respondents mother to the court. No torture of any kind was given by the Respondents
mother to the Petitioner. In fact during the short stay at the Respondents paternal house
the Petitioner never had set foot inside the kitchen to help the Respondents mother in her
daily work or offered to do any of the household chores. The Respondents mother has
taken it in her stride thinking that the Petitioner being a newly wed will get down to the
daily routine in her own way.

The allegation that the Respondent sleeps late at night and did not allow the Petitioner to
sleep and forcing her to wake up till he sleeps etc. is imaginary and far from truth.

The Respondent is a working person and is employed at Government Polytechnic at

Bankapur which is 55 kms away from Hubli where he stays at his parents house and
since he has to leave early and catch buses to Bankapur he normally gets up at 5 A.M.
and gets ready to go to work. The Petitioner never got up early to help prepare tea,
breakfast or packed lunch for the Respondent on any of the days she stayed at the house
nor assisted him in any way. The Petitioner is a habituated to watching serials on TV till
late at night and used to come to sleep by 11.30 PM by which time the Respondent would
have slept and the Respondent never got to enjoy the company of his wife.

On being asked to help prepare breakfast etc she used to avoid on pretext of having
headaches etc.It is false to state that the Respondent has asked the Petitioner to take
poison or commit suicide. No mental agony was ever caused to the Petitioner and her
tantrums were tolerated.

The Petitioner has never been treated badly either by the Respondent or his mother and
all due love and respect for her was given to her. Whenever she was given a hint as to the
necessity of her taking on her familial responsibilities to her husband and to the in laws
she used to go into a fit of rage. Since this behavior went on for about a month the
Respondents parents deemed it fit to bring it to the notice of her parents and informed her
accordingly.

Before the Respondent could initiate any action the Petitioner has called her parents on
the landline at the Respondents house and the Petitioners parents accompanied by two of
her paternal uncles ,one maternal uncle ,two aunts and one brother and one cousin
brother have come to Respondents house at Hubli on 20th. April 2011 at around 7.30 PM.
and after showing them the usual hospitality when the Respondents parents have enquired
about the nature of their visit and why they have come without any prior intimation the
Petitioners mother and aunts have started abusing the Respondents mother and the
Respondent in foul words and threatened that they will book the Respondent and the
family under 498a and get them arrested if they did not allow the Petitioner to do as she
wishes.

The allegation that the Respondent has beaten the Petitioner and demanded dowry is
false.the Respondent was not allowed to speak among the shouting and the confusion.

The Petitioner has thereafter taken her belongings and left the house of the Respondent
without saying a word , she has taken all her belongings, valuables, gold ornaments, and
silver articles etc that were given to her by our client and his relatives during marriage.
She has not left behind any gold, silver ornaments, valuables etc.

After this incident the Respondent has made several telephonic calls and requested the
Petitioner to come back. The Petitioner has not responded for the same. The Respondent
has also called the Petitioners mother with an intention to call back his wife but the
mother in law of the Respondent has abused him over the phone and stated that she will
not send her daughter and she will file a case against the Respondent and his parents.
After this incident the Petitioner and her parents have stopped receiving telephonic calls
made by the Respondent. The Respondent then has sent SMS, E-mails to the Petitioner,
but the Petitioner has not responded to any of these calls, messages, and mails until this
day, which shows her disinterest in matrimonial life with the Respondent. All the Efforts
of the Respondent to call back the Petitioner have gone in vain.

The allegation that the Respondent has neglected the Petitioner is not at all true and
correct and the same is hereby very specifically and emphatically denied.

The Respondent specifically states that he has treated the Petitioner well during her short
period of stay.

The Respondent is ready to take back the Petitioner even now.

Please note that the Respondent has not neglected to maintain the Petitioner. He has even
gone to her house at Karwar and has been told by her mother that the Petitioner no longer
resided there and was told not to come to their house again. There after the Respondent
has not been able to communicate with the Petitioner by any means.

The Respondents present gross salary is Rs.48195/-, the deductions are as follows

2
3

The net take home salary is Rs. 9000/-.

The Petitioner is not eligible for any maintenance or alimony as she has left the house of
the Respondent without reasonable cause and without his consent and against his wishes
and continued to stay away for three years without sufficient cause and deserted the
Respondent and continued to stay away without reasonable cause for three years and has
not paid any heed to his attempts at calling her back and reconciliation.