Draft of Written Statement of the Opponent Husband in a Maintenance Application

IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS,

Maintenance Application No. ____________

Smt._________ W____ .            _       Applicant

Versus
Shri_________ H____                _       Opponent

A WRITTEN STATEMENT ON BEHALF OF THE OPPONENT

The opponent above-named submits this statement, praying to state as follows:

1. That the contents of para 1 of the application are true and correct, and hence admitted by this opponent.

2. That the contents of para 2of the application are likewise true and correct, and hence, call for no comments.

3. That the contents of para 3 of the application are false, baseless, frivolous, and hence, denied by this opponent, and this opponent submits that the applicant right from the beginning was in the habit of staying with her parents, and she practically cohabited with this opponent hardly for a fortnight or so after the marriage, and since then, she has always had been residing at her parents’ till this date.

4. That the contents of para 4 of the application are a sheer piece of fabrication on the part of the applicant, and this opponent submits that since the applicant, in fact, cohabited with this opponent only for a few days, the question of begetting a child or making such wild allegations against the opponent does not arise, and the so-called medical check-up is a false and imaginary story.

5. That the contents of para 5 of the application are likewise totally false, and while denying the same, this opponent does hereby reiterate that when the applicant did not cohabit with this opponent anytime during the existence of their marriage, except and save those few days in the beginning after the marriage, the alleged ill-treatment could not be meted out to her, and such allegations are far away from any truth therein and do not hold water at all.

6. That the contents of para 6 of the application to the effect that the applicant had tried to go to this opponent for cohabitation are not only totally false but also misleading, and hence, denied by this opponent in to and categorically, and the opponent requests this Hon’ble Court to take this fact into consideration.

7. That the contents of para 7 of the application alleging that this opponent has contracted a second marriage with the so-called staff nurse are vertex on the part of the applicant, and it shows that the applicant is at a loose end to make such dirty, totally false and illegal allegations against the opponent, and while denying the same, the opponent requests this Hon’ble Court to put the applicant to the strict proof of the same.

8. That the contents of para 8 of the application are baseless and denied by this opponent specifically, and what the applicant says is just perverse and exaggeration, and this opponent says and submits that he is working as Compounder, and not as a Doctor, at the Sassoon General Hospitals, Pune, and he is drawing a salary of Rs. 8,000/- per month, and not Rs. 20,000/- per month.

9. That the contents of para 9 are also totally false, baseless, frivolous, and hence, denied by this opponent.

10. That the opponent respectfully submits for the kind and sympathetic consideration of this Hon’ble Court that the opponent was always and is still ready and willing to maintain the applicant, and he has never refused or neglected to maintain her, and there was no cause of action for the applicant to file the present application.

11. That the opponent, therefore, prays that –

The application of the applicant be dismissed, and Any other orders in the interest of justice may kindly be passed.

Sd/-

Dated____ .

                                                          OPPONENT

Sd/-xXx
ADVOCATE FOR OPPONENT        

VERIFICATION

I, Shri H, the present opponent, do hereby state on solemn affirmation that the contents of this statement in paras 1 to 11 are true and correct to the best of my knowledge and belief, so I have signed hereunder.

Sd/- H

OPPONENT

A Written Statement of the Opponent Husband in a Maintenance Application

IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS
Maintenance Application No. _____
Smt. W – Applicant
Versus
Shri H – Opponent

A WRITTEN STATEMENT ON BEHALF OF THE OPPONENT

The opponent above-named submits this statement, praying to state as follows:

1. Admission of Para 1: The contents of para 1 of the application are true and correct, and hence admitted by this opponent.
2. Admission of Para 2: The contents of para 2 of the application are likewise true and correct, and hence, call for no comments.
3. Denial of Para 3: The contents of para 3 of the application are false, baseless, and frivolous, and hence denied. The opponent submits that the applicant, right from the beginning, was in the habit of staying with her parents. She practically cohabited with this opponent for hardly a fortnight after the marriage and has since been residing at her parents’ house.
4. Denial of Para 4: The contents of para 4 of the application are fabricated. The opponent submits that, since the applicant cohabited with this opponent only for a few days, the question of begetting a child or making such allegations does not arise. The so-called medical check-up is a false and imaginary story.
5. Denial of Para 5: The allegations in para 5 of the application are denied. The opponent reiterates that the applicant did not cohabit with him, except for the initial days after the marriage. Hence, the alleged ill-treatment could not have been meted out to her. The allegations are baseless and lack substance.
6. Denial of Para 6: The claim in para 6 that the applicant tried to cohabit with the opponent is false and misleading. The opponent categorically denies this claim and requests the Hon’ble Court to consider this fact.
7. Denial of Para 7: The allegations in para 7 about the opponent contracting a second marriage with a staff nurse are completely false and defamatory. The applicant’s allegations are baseless, and the opponent requests the Hon’ble Court to put the applicant to strict proof.
8. Denial of Para 8: The claim in para 8 regarding the opponent’s income is false. The opponent states that he is employed as a Compounder, not as a Doctor, at Sassoon General Hospitals, Pune. He draws a salary of Rs. 8,000 per month, not Rs. 20,000 as alleged.
9. Denial of Para 9: The contents of para 9 are entirely false and baseless. They are categorically denied.
10. Readiness to Maintain Applicant: The opponent respectfully submits that he has always been ready and willing to maintain the applicant. He has never refused or neglected to provide maintenance, and there was no valid cause for the applicant to file the present application.

PRAYER

The opponent respectfully prays that:

• The application filed by the applicant be dismissed.
• Any other orders in the interest of justice may kindly be passed.

Dated:

Sd/- H

OPPONENT

Sd/-xXx

ADVOCATE FOR OPPONENT

VERIFICATION

I, Shri H, the present opponent, do hereby solemnly affirm that the contents of this statement in paras 1 to 11 are true and correct to the best of my knowledge and belief.

Sd/- H

OPPONENT