IN THE HONOURABLE COURT OF THE ADDITIONAL FAMILY JUDGE AT VISAKHAPATNAM

FCOP 997/2011
G. Indira …… Petitioner

Versus

G. Srinivash ….. Respondent

Written Arguments in favour of Respondent in support of case filed by the above named respondent
most respectfully showeth as per Order XVIII Rule 2(3A) of the Code of Code of Civil Procedure:

1. I am willing to maintain my wife and Petitioner is not joining with me for conjugal bliss
and there is no desertion proved from the prosecution side.
2. There is no motive or reason established by the Petitioner for divorce and maintenance.
3. I have not committed any of the mistakes under the purview of the Section 18 of the
Hindu Adoption and Maintenance Act 1956 which qualifies the petitioner to get the
maintenance i.e (a) if he is guilty of desertion, that is to say, of abandoning her
without reasonable cause and without her consent or against her wish, or of wilfully
neglecting her; (b) if he has treated her with such cruelty as to cause a reasonable
apprehension in her mind that it will be harmful or injurious to live with her
husband; (c) if he is suffering from a virulent form of leprosy; (d) if he has any other
wife living; (e) if he keeps a concubine in the same house in which his wife is living
or habitually resides with a concubine elsewhere; (f) if he has ceased to be a Hindu
by conversion to another religion; (g) if there is any other cause justifying her living
separately.
4. The petitioner has wilfully and with a plan has deserted the husband i.e. respondent.
There is no efforts from the petitioner to save the marriage and also not responded
positively to any of the efforts of mine to save the marriage.
5. I have never deviated from my duties towards my wife at any point of time, I always took
good care of my wife as far as my limits allowed and always wanted her to grow in life
and tried to groom her accordingly by encouraging her to pursue higher studies and
helped her to improve her skills in learning English, Hindi and Computer literacy. I am
still paying the house rent in Bangalore with the anticipation of Petitioner, invited several
times to come and join for conjugal bliss. But the Petitioner has not responded positively
to any of my efforts.
6. I am not having any income at this point of time and running on loans since last six
months.
7. The Petitioner has got sufficient means to survive herself smoothly and without any
difficulty. She is a graduate and used to work before marriage and can get a job now too.
She has been allotted a house under the Rajiv Gruhakalpa Scheme with subsidy from AP
government. She is one fifth shareholder of the ancestral properties of farmlands in
Narsipatnam and a house at Anakapalle in the state of Andhra Pradesh. She is entitled for
her father’s pension under the divorced daughter privilege from Indian Railways. At the
time of marriage she has been gifted with 5 tolas of gold ornaments (at present market
value of more than Rs. 1,50,000/-) from my end and she took them along with her while
leaving to her parent’s house.
8. The Petitioner’s all charges and allegations against me are baseless, false, fabricated and
self serving and none of them are proved in this court.
9. The Petitioner is trying to exploit the goodness, affection and love shown to her by me
through this court and tortured me mentally by filing false cases against me and defamed
me and my family prestige and image in the society to extract the money from me with
malafide intention with the instigation of her family members, relatives and through
others.
10. The Petitioner has not fulfilled and sort of responsibilities and duties to wards her
husband and matrimonial house. She used to quarrel and spoil the atmosphere at the
matrimonial house on regular basis with the inputs provided by her family members and
others. She even not bothered to join with me on the second wedding anniversary and not
informed anything to me about her plans and kept me in dark. The Petitioner has not
bothered to ask about the welfare of her husband for at least once when I got fractured
my left leg and bed ridden for 2 months in spite of having the information.
11. The petitioner has indirectly spoiled my career by filing the false cases against me for no
fault of mine and which are creating enough troubles and hardships to me in getting job
though I am highly qualified and at present incurred some loans for survival.
12. The Petitioner is absolutely not having any idea on this case and someone is provoking
her to wage a legal battle against me to extract money from her husband. The Petitioner’s
allegation in the Petition without any evidence that I am getting rupees one lakh as house
rents and changing the same to Rs.10, 000 in this court is a clear cut example of the
same.
13. The PW2 witness is absolutely false, self serving in nature and completely contradictory
to the Petition and she has given evidence in this case without knowing the facts of the
case and Petition. Moreover the PW2 has performed the marriage as Karta as per Hindu
Rites and performed the Kanyadhanam to the Petitioner and there were no sort of efforts
of mediation and reconciliation to save this marriage from her end is a clear cut example
of her involvement in the instigation to Petitioner to wage this legal battle against me and
harass me as the PW2 and PW1 are staying in the same premises.
14. The Petitioner’s contention that she is surviving on the support given by her mother is not
withstanding because her mother is missing entirely in the episode and the reasons are
 best known to Petitioner. There was no effort of mediation or reconciliation from the
Petitioners’ mother’s end and no response to the efforts made by me in this regard.
15. The Petitioner is waging this legal battle on the instigation of her family members and
others to extract money and harass me in all respects. She sometimes shows her
inclination to join with her husband, sometimes demands to get a job in Visakhapatnam,
sometimes asks about the residence particulars of her husband in Bangalore in spite of
knowing everything and conducting a confidential telephonic enquiry through her sister
with my landlord are the clear cut examples of some one’s instigation from her family to
fight this legal battle against her husband.
16. The Petitioner has breached the trust shown by me as a husband on her. With the pre text
of visiting her mother for a week she left the matrimonial house and I have personally
boarded the train to Petitioner by providing her amount for her personal expenses on her
visit to her parent’s house. After reaching there she started harassing in all respects with
the instigation of her family members and others and filed this false and fabricated cases
to extract money against me.

. In spite of all sufferings and constant fear of mental torture and humiliation by
Petitioner and her family members and elders, I’m willing to accept the Petitioner by way
restitution of conjugal life with her provided there should not be any preconditions from
Petitioner and the Petitioner is willing to give a solemn undertaking with a genuine intention to
me and to this court that the Petitioner will fulfil all her duties as a Hindu housewife along with
enjoying all her rights and her parents and elders will not play any kind of spoilsport in our
married life . I’m still paying the house rent in Bangalore till date with an expectation of the
Petitioner and to lead further matrimonial life along with me peacefully. So I humbly submits it
in a spirit of reconciliation and by way forgiving and forgetting such conduct of the Petitioner,
her parents, family members and her elders.

PRAYER
Therefore it is prayed that the Hon’ble Court may be pleased to pass the orders:-
a. The case record FCOP 997/2011 may be please tagged with the FCOP 292/2011 for
analogous trial pending in the Hon’ble Court of Family Judge at Visakhapatnam.
b. For dismissal of this case because there is no genuine, legal ground and justification to
grant the relief of divorce and maintenance as prayed by the Petitioner and the alleged
cause of action in this regard is false, illegal and baseless in the eyes of law the suit is
 not maintainable in law and circumstances of the case and the Petitioner is not entitled
to any kind of relief as prayed by her and both the cases are liable to be dismissed in
limine because the respondent is losing the job opportunities even though I am selected
in interviews in the plea of cases pending against me for no fault of mine by providing
an opportunity to get an employment.
c. The Petitioner is liable to provide with required amount to enable to meet all kinds of
costs of this litigation falsely foisted.

The facts stated in paras 1 to 10 of this affidavit are true and correct to the best of my
knowledge belief and I signed this affidavit at Visakhapatnam on ________________.

Advocate
Deponent

Contd……P/8