IN THE  COURT OF HON’BLE CIVIL JUDGE  _____________ (Name of Place & State) 

CASE NO.______ OF _________

 

Smt._____________________(Name),

Daughter of________(Father’s Name),

Wife of Shri ______(Husband’s Name),

Aged_____________________(Years),

Residing of _____________(Address),

………………….PETITIONER

 

VERSUS

 

Shri._____________________(Name),

Son of ____________(Father’s Name),

Aged_____________________(Years),

Resident of ______________(Address),

Carrying on_____________ (Business),

…………………RESPONDENT

 

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

Most respectfully submitted-

Preliminary Objections:

1. Admitted the fact of marriage of petitioner and respondent on (__/__/____) in _______________ (name of the place). (If the fact of marriage and date/ place are true)
2. Petitioner’s allegation that the respondent can’t manage to bring petitioner with him, because of certain voluntary reasons, as the respondent was not having any negative motive of conducting any type of incidence against the petitioner, and wanted to complete his final studies, so here it becomes circumstantially wrong misconception from the petitioner’s side.
3. Petitioner’s allegation that the respondent remained detached from the family for 23 years, as there was many issue which the respondent has to face after going abroad and he lost his phone and was not able to manage for a new one, because of the economical status, and where he came to know that the number of petitioner was too changed.
4. Petitioner’s allegation that the respondent had three children out of his second marriage, the married woman was already having her children subsistence by her first marriage, and her husband has left her, thus an attempt to commit adultery, however does not amount to adultery, hence it is wrongly misinterpreted by the petitioner.

 

Allegation of Adultery is a serious charge. It is required to be proved beyond reasonable doubt and not by mere preponderance of probabilities.

The Defendant therefore prays and counters claim:

That it may be declared that the said deed of settlement be declared null and void as against her and that the same day by order of this honorable court be cancelled. This suit be dismissed with cost.

Date: __/__/____

(Signature)

Defendant

 

VERIFICATION

I, defendant, to hereby declares that the facts stated above true and correct to the best of my knowledge, information and belief.

___________________                                                                                          _________________

(Signature)                                                                                                           (Signature)

Advocate of defendant                                                                                  Defendant