IN THE COURT OF THE SESSIONS JUDGE, ________.

Criminal Revision Application No. ___/20___

   Applicant                           

  (Original Opponent)               

- Vs.-                                                          

Opponent                          

  (Original Applicant)                 

 

  A WRITTEN ARGUMENT ON BEHALF OF THE APPLICANT

May it please your Honour

The applicant above named submits this argument, praying to state as follows :                                                                                 

1. The present criminal revision application is filed by the applicant against the judgment and order of the Hon'ble Judicial Magistrate, First Class, Court No. 1, ________, in Miscellaneous Application No. passed on_____                                                       
2. That the Miscellaneous Application No. was filed by the opponent (original applicant) u/s 125 of the Criminal Procedure Code for maintenance and the Hon'ble Trial Court was pleased to pass judgment and order, granting a monthly maintenance of Rs. ___/- and also the cost of the application as Rs. ____/-.   
3. That the marriage between the applicant and the opponent took place on _______at _____(Place), and they stayed and cohabited together upto  the end of July___ __                                                                  
4. That in her application, the opponent alleged that the applicant ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
5. That it is made abundantly clear during the depositions in the court of law that the present applicant was and is ready and willing to cohabit with the opponent and to accept her as his wife. Not only this, but it is also revealed during the depositions in the court of law that the opponent was always ill from the very beginnin, but this fact was never made known to this applicant beforehand. Not only this, she again denied, in her notice-reply sent on______, through her advocate, ___
6. That it is an admitted fact that the present applicant incurred huge expenses on the medical treatment of the opponent, and also took all possible care of her health during the period of her stay with him for about nine years.
7. That with the sole intention to harass this applicant, the opponent filed a criminal complaint bearing No.________, in the court of the Judicial Magistrate, First Class, ______ , and also a complaint to the superiors of the applicant.
8. That the said criminal complaint No. _____________was decided by the Judicial Magistrate, First Class, ____, on_____, and the present applicant was acquitted for the fact that the complainant, who is the opponent in the present revision application, never remained in the court for pursuing her case, as the same was based false grounds and that there was no substance in it.
9. That as a result of all such harassment, the present applicant had to file a criminal complaint bearing No. ____________under section 500 of the Indian Penal Code against the opponent and her parents who instigated her in committing such acts of defamation of the applicant. The said criminal complaint is pending in the court of the Judicial Magistrate, _____.
10. That the present applicant took special care of the ill health of the opponent, and for this, he also did not accept the promotion to him to a higher post, in the year__, only for the fact that he was required to look after the opponent personally.                                           
11. That the Learned Trial Court misunderstood the very fact that it was the opponent who sent a false notice-reply, dated___, to the notice,  dated___, of the present applicant, who neither received nor replied any notice from the opponent.                                           
12. That all the depositions given by the witnesses are, therefore, completely disproved in the court of law.
13. That during her depositions in the court of law, the opponent repeatedly admitted that this applicant has no other source of income.                                                                           
14. That this applicant always looked after the welfare of the opponent in all respects which is clear from his nomination of the opponent and her sister for his provident fund.                                        
15. That it is the opponent who purposely failed to cohabit with the applicant without any bonafide cause and simply for the reason of strong instigation of her parents.     
16. That, thus, all the witnesses are unauthentic and should have, therefore, be discarded outright.
17. That is the judgment, the Learned Trial Court mentioned that the applicant has taken a second wife/lady on____, while the statement of the opponent also varies from time to time, namely___May___ June___and___July.   This surely adds to nothing but results in   anachronism in arriving at a decision in
18. That the Learned Trial Court never considered the very important issue on willing to live with the opponent. He never refused to cohabit with her, and there was, thus, a total failure on the part of the opponent to cohabit with the present applicant.     
19. That for the reasons stated above, this applicant prays that the order of the Hon'ble Trial Court, in Miscellaneous Application No. 1600/2002, be set aside, and the application of the opponent (original applicant) may very kindly be dismissed with costs.                       

 

Sd/-

ADVOCATE FOR APPLICANT

(Original Opponent)

Place:

Dated: