IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY

COURT, WEST DISTRICT, TIS HAZARI COURTS, NEW DELHI

Mt. P. No: 704 OF 2021

In the matter of:-

REKHA & ORS. ……PETITIONERS

VERSUS

SANJAY ….RESPONDENT

Next Date of Hearing: 15.04.2023

INDEX

S.NO. PARTICULARS PAGES

1. Index

2. Evidence by way of affidavit of PW1 –

Smt. Rekha.
Filed By:

PETITIONER
THROUGH COUNSEL:

RAJIV DALAL/ SANJEEV KUMAR SHARMA

ADVOCATE(S) FOR PETITIONERS
“D&S LAW OFFICES”
nd
B-10, 2 Floor, Jangpura Extension, New Delhi-14.
Ch No.139-143, B Block, Tis Hazari Court, Delhi-14
Mobile.: +91 9810066196
E-mail: rajiv@dslawoffices.in, contact@dslawoffices.in

Filed On: .04.2023

At New Delhi.
 IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY
COURT, WEST DISTRICT, TIS HAZARI COURTS, NEW DELHI

Mt. P. No: 704 OF 2021

In the matter of:-

REKHA & ORS. ……PETITIONERS

VERSUS

SANJAY ….RESPONDENTS

EVIDENCE BY WAY OF AFFIDAVIT OF PW1 – SMT. REKHA

I, Rekha, aged about 36 years, D/o. Sh. Balraj, W/o. Sh. Sanjay, R/o. E-
306, Madipur Colony, New Delhi – 110063, do hereby solemnly affirm
and declare as under:-

1. I say that the marriage between the petitioner no. 1 and

respondent was solemnized on 18.11.2005 according to the
Hindu rites and Customs at Delhi. That after solemnization of the
marriage, petitioner joined the respondent in her matrimonial
home i.e. J No.-149/4, Block R.P.F Line Near UshaMandir,
DayaBasti, Delhi - 110035.

2. I say that after joining the matrimonial home, the petitioner no. l
gave full love and respect tothe respondent and his family and
discharged all her marital obligations towards them, being
devoted and faithful Hindu wife and never gave any chance to
her in-laws to make any complaints against her.
3. I say that the parents of the petitioner no. 1 had spent a huge
amount i.e. Rs.10,00,000/- (Ten Lakh) in the marriage and have
given articles/ gift beyond their capacity and had given almost
everything of household articles and jewelleryarticles and cash
but the respondent as well as his family members were not
satisfied with the said articles which was given at the time of the
marriage.

4. I say that the jewellery of the petitioner no. 1 was taken by the
mother-in-law of petitioner no. 1 since beginning of the marriage
by saying that "ZAMANA KHARAB HAI, TUJHSE YE CHORI
HO JAYENGE HUM SAMBHAL K RAKH LENGE, OR JAB
TUMHE ZARUART HOGI HUM TUMHE DE DENGE”, but
when these were demanded by the petitioner no. 1 to wear on any
function or festival, the petitioner no. 1 was always threatened by
the respondent as well as his family members not to demand for
the same.

5. I say that after some days of marriage the respondent as well as

his family members started taunting the petitioner no. 1 on the
account of less dowry and also taunted the petitioner no. 1 by
saying “ISS SHADHI ME TERE MATA PITA NE KUCH
KHARCH NAI KIYA HAI ITNA KHARCH TO EK RIKSHAW
WALA BHI APNI BETI KI SHADI ME KAR DETA HAI, OR
TERE MATA PITA NE KAPDE BHI KUCH KHAS NAI DIYE
HAI JO GHATIYA KISM KE HAI, HAMARE BETE KE
RISTE TO BADE BADE GHARANO SE A RHE THE HAME
KYA PTA THA KI HAMARI KISMAT TERE SATH
FUTNEWALI HAI, TERE BAAP KO KAM SE KAM 2,00,000
CASH OR FOUR WHEELER BHI DENI CHAIYE THI”. When
 the petitioner no. 1 showed her family members inability to fulfil
the illegal demands of the respondent as well as his family
members, then the sister-in-law of the petitioner no. 1 gave
beatings to her with fists and blows by saying “TU HAMSE
JUBAAN LADATI HAI”.

6. I say that the respondent as well as his family members used to

harass the petitioner no. l physically and mentally just to fulfil
their illegaldowry demands. The respondent as well as his family
members used to beat thepetitioner no. 1 on petty issues by fists
and blows and used to abuse her in very filthy language and also
used to taunt her regarding dowry.

7. I say that the mother-in-law and sister-in-law of the petitioner no.

1 used to engage the petitioner no. 1 on house hold chores every
time and when the petitioner no. 1 goes to her room for some rest
then the mother-in-law and sister-in-law of the petitioner no. 1
used to taunt her by saying that “IS GHAR ME NAUKRO KO
AARAM KARNE KI IJAZAT NAHI HAI, AGAR TU AARAM
KARNA CHAHTI HAI TOH APNE BAAP SE KEH WO 2-4
NAUKAR YAHABHEJ DEGA”. It is pertinent to mention here
that the respondent as well as his family members never gave
proper food to the petitioner no. 1 and whenever she became ill
the respondent as well as his family members did not take her to
the doctor. The sister-in- law of the petitioner no. 1 used to taunt
the petitioner no. 1 by saying that “HAMARE PAAS DOCTOR
KO DENE K LIYE PAISE NAHI HAIN”.

8. I say that the petitioner no. 1 tolerated all the atrocities in hope
that one day everything will be fine and the behaviour of the
 respondent as well as his family members will change towards
the petitioner no. 1 but instead of changing the behaviour towards
the petitioner no. 1, the behaviour of respondent as well as his
family members become worst and they usedto harass the
petitioner no. 1 more.

9. I say that the marriage was duty consummated and two children
namely Vansh (D.O.B 05-09-2007) (petitioner no.2) and Harsh
(D.O.B26-11-2010) (petitioner no. 3) were born out the said
wedlock. It is pertinent to mention here than when the petitioner
no. l gave the birth to her sons the parents of the petitioner no. 1
boreall the expenses and the respondent as well as his family
members never provided the proper food and medication to the
petitioner no. 1.

10. I say that on 10-02-2012 in the night the respondent came home
in drunken condition and when the petitioner no. 1 gave him
food, then the respondent had thrown the food and started
abusing and beating the petitioner no. 1. The petitioner no. 1 did
not make 100 no. call and tolerated all the atrocities to save her
matrimonial life.

11. I say that on 20-05-2013 when the petitioner no. l was

sleeping in her room then the father-in- law and mother-in-law of
the petitioner no.1forcefully entered in petitioner no. 1 room and
said that “APNE GHAR SE 2,00,000/- RUPYE LEKAR AA
TAKI IN DONO BACCHO KI PARIVARISH MEKAAM AA
SAKE”. It is pertinent to mention here that petitioner no. 1 said
that her parents areunableto fulfil their illegal demands then the
 mother-in-law of the petitioner no. 1 gave beatings to the
petitioner no. 1.

12. I say that on 21-08-2014, the mother-in-law of the petitioner no.

1 pressurized the petitioner no. 1 to go her parental home by
saying that “JAB TAK TUAPNE GHAR SE DO LAKH RUPYE
NHILAYEGI TAB TAK HAM TUJHE IS GHAR ME NHI
REHNEDENGE".Thereafter the father of the petitioner no. 1
somehow arranged Rs.20,000/- (Twenty Thousand Rupees) and
gave the same to mother-in-law of the petitioner no. l, on which
the behaviour of the respondent as well as his family members
changed against the petitioner no. 1 for some time and after that
the respondent as well as his family members again started
taunting thepetitioner no. 1.

13. I say that in the year of 2016, on the occasion of Holi the
mother-in-law and sister-in-law of the petitioner no. 1 said that
“TERE BAAP NE ABHI TAK HAMARI MANG PURI NHI KI
HAI, HAME ABHI DO LAKH RUPYE OR CHAR PAHIYO
WALI GADI CHAEYE OR JAB TAK TU HAMARI MANG
PURI NHI KAREGI TAB TAK HAM THUJHE ESE HI
PRESAN KARTE RAHENGE”. It is pertinent to mention here
that petitioner no. 1 had a hope that the behaviour of the
respondent as well as his family members will change against the
petitioner no. 1 but all invain.

14. I say that on 10-12-2017, the respondent intoxicated gave

merciless beatings to the petitioner no. 1 and threatened the
petitioner no. 1 then the petitioner no. 1 shouted but no one came
to save the petitioner no. 1 and the mother-in-law of the
 petitioner no. 1 provoked the respondent by saying that “MAAR
ISE JITNA MARNA HAI TABHI YE HAMARI MANG PURI
KAREGI”.

15. I say that on 01-01-2018 all the respondent as well as his family
members threw out the petitioners out of her matrimonial home
in wearing clothes.

16. I say that the petitioner no. 1 has already made a complaint to
the ACP, CAW CELL, KIRTI NAGAR, DELHI dated 18-01-
2021 against the respondent as well as his family members.

17. I say that since the day of desertion, the respondenthas not made
any provision to maintain the petitioners in any manner and she
has no source of income and is not capable to maintain herself.

18. I say that the respondent is a man of means and having good
physique and he is doing a private job and earning a wealthy
income of Rs.40,000/- p.m and also having immoveable
properties and he having sufficient bank balance and he is living
luxurious life. The Respondent has no other liability except
tomaintain the petitioner and his children.

19. I say that the petitioners are in need of at least Rs.25,000/- per
month as per the status of the respondent for maintaining the
petitioners, being high prices on every needful daily usable
things such as food, clothing, medicines, accommodation etc to
which the respondent is legally and morally bound and liable to
maintain them.
 20. I say that the respondent had deserted, neglected and avoided to
keep and maintain the petitioners and the respondent has flatly
refused to pay any maintenance amount to the petitioners and
therefore, there is a sufficient cause of action to file this petition
for grant of maintenance.

21. I say that the petitioner is residing within the local jurisdiction of
this Hon’ble Court and this Hon’ble Court has jurisdiction to
entertain the present petition.

22. I say that the content of the affidavit has been read to me in my
vernacular and understood by me and the same are true to my
knowledge.

DEPONENT

VERIFICATION:

I, Rekha, the above named deponent, on this ____ day of April, 2023, do
hereby verify that the contents of above affidavit are true and correct to
the best of my knowledge and belief and nothing has been concealed
therefrom.

DEPONENT