1

IN

THE

COURT

OF

DISTRICT

JUDGE

AT

JORHAT
T.S.(M) No.103 of 2014
IN THE MATTER OF:
Sri Prabin Goswami
..Petitioner
-Versus
Smti Ranjumoni Goswami
..Respondent
-ANDIN THE MATTER OF:
Written Objection on behalf of
the
Respondent above named.
The above named respondent
MOST RESPECTFULLY SHEWETH:
1. That the divorce petition is not at all maintainable in its present
form and as such the same is liable to be dismissed.
2. That the divorce petition is barred by limitation and as such the
same is liable to be dismissed.
3. That there is no cause of action for filing the above-noted divorce
petition by the petitioner and as such the divorce petition is liable
to be dismissed.
4. That with regard to the statements made in paragraphs No.1, 2, 3,
4 and 5 of the Divorce petition filed by the petitioner, the
answering respondent offers no comments.
5. That as regards to the statement made in paragraph 6 , 7 and 8 of
the divorce petition the allegations made against the respondent
are absolutely false. The answering respondent begs to state that
after marriage, from the very next day itself the petitioner and his
family members mentally harassing her by showing some
indifferent behaviour. As stated by the petitioner, he used to stay
in his official quarter, as he is working in Charaipani Tea Estate,
Titabor and therefore he used to come to his residence at Nepali
Satra, Teok, once in a week. Therefore the answering respondent
has to stay with the mother, unmarried sister and two brothers of
the petitioner. The family member of the petitioner more
particularly the mother and the unmarried sister often used some
abusive language to the respondent. The mother in law of the

respondent never allowed her to enter in their kitchen even she

was not allowed to make a cup of tea to her husband.
The answering respondent further begs to state that one
day when she clean the house of the petitioner, the said
unmarried sister of the petitioner physically assaulted her by
grabbing her hair. In one another instance the same lady
physically assaulted the respondent, when she tried to prepare
some dal in the kitchen.
When the petitioner informed the said incidences to her
husband i.e. to the petitioner, he never supports her. The
respondent several time requested the respondent to take her to
the official quarter. All the time the petitioner refuses the said
proposal of the respondent by showing some lame excuses. Then
the respondent understands that the family members reported
some false allegation against her before the petitioner.
The answering respondent further begs to state that she
neither interfere nor make any complainant in any family disputes
of the petitioner as she was newly married to the said family. The
respondent has no any objection about the economic condition
and the standard of living of the petitioner as because she has
entered into the marital relationship with the petitioner after
knowing fully well about the petitioners family and she has give
her consent before entered into the marriage with the petitioner.
6.

That with regard to the statement made in paragraph 9 of the

divorce petition, the answering respondent completely denying
the averment made by the petitioner. In this regard the answering
respondent reiterates the statement made in paragraph 7 of the
instant written objection.

7. That with regard to the statement made in paragraph 10 of the

divorce petition, the answering respondent completely denying
the averment made by the petitioner. The allegations made by the
petitioner are absolutely false, concocted and baseless.
8. That with regard to the statement made in paragraph 11 and 12
of the divorce petition, the answering respondent completely
denying the averment made by the petitioner. The actual facts of
the story are that the mental harassment and torture upon the
respondent has been increasing day by day and finally the
petitioner sent the respondent to her maternal house. After the
said incident the respondent and her family members repeatedly

requested the petitioner to take her to his official quarter but all
were in vain. The answering respondent further begs to state that
after all aforesaid effort when no fruitful result came out, on
09/09/2013 the respondent approached before the Counsellor,
Family Counselling Centre, Teok, Jorhat and submitted a written
complaint against the petitioner and his family members i.e. the
mother and the unmarried sister and subsequently the said
authority

registered

the

case

as

FCC/ASG/C

No-992.

On

03/03/2013 the Counsellor, family Counselling held a session

meeting in presence of 14 members including the petitioner and
the respondent. But on that day also the petitioner neither shows
his willingness to take her to his official quarter nor to accept the
respondent as his wife. In this regard on 03/10/2013 the
counsellor prepared a detailed report regarding the said case.
Thereafter when no hope left for reunion of the petitioner
and the respondent ultimately on 04/10/2013 the respondent
lodge an Ezhar before the Officer-in-Charge, Teok Police Station
against the petitioner and his mother and unmarried sister.
Subsequently the police authority registered the said complaint as
Teok P S case No. 259/2013 u/s 498 A IPC and started
investigation
A copy of the complaint dated
09/09/2013,
03/10/2013

report
and

FIR

dated
dated

04/10/2013 are annexed hereto

and marked as ANNEXURE- 1, 2
and 3 respectively.
9. That with regard to the statements made in paragraphs 13 of the
Divorce petition filed by the petitioner, the answering respondent
offers no comments.
10.
the

That with regard to the statement made in paragraph 14 of

divorce

petition,

the

answering

respondent

completely

denying the averment made by the petitioner. The actual facts of

the story is that and as stated in paragraph 10 of the instant
written objection the petitioner directed his brother to took the
respondent to her maternal home but to the utter shock to the
respondent the said brother-in law left her in the mid way i.e. near
Amguri. Having no way left

she informed her own brother and

thereafter the said brother of the respondent took her to her

maternal home.
11.
the

That with regard to the statement made in paragraph 15 of

divorce

petition,

the

answering

respondent

completely

denying the averment made by the petitioner. The actual facts of

the story is that when the petitioner sent the respondent to her
maternal home against her consent, several time she requested
him to allow her to take some important articles which she could
not carry at the time of leaving the residence of the petitioner. But
all the time the petitioner rebuked the respondent with some filthy
language. Having no way left the respondent approached the
Honble Chief Judicial Magistrate, Jorhat by filling a complaint
petition under section 12, 19 (8) read with 23 of the Protection of
Women from Domestic Violence Act, 2005 seeking a direction from
the

said

court

to

issue

necessary

direction

to

the

petitioner/husband to return to the possession of the aggrieved

person her Stridhan or other property or valuable security. After
hearing the aggrieved person i.e. the answering respondent the
Honble Court directed the Officer in charge, Teok police station to
accompanying the respondent to take possession of her Stridhan.
Therefore

there

was

question

arise

to

inform

the

petitioner/husband or to take his consent from him to take the

Stridhan from the house of the petitioner.
A copy of

the

order

dated

30/10/2013 is annexed hereto and

marked as ANNEXURE- 4.
12.
the

That with regard to the statement made in paragraph 16 of

divorce

petition,

the

answering

respondent

completely

denying the averment made by the petitioner. The answering

respondent begs to state that she is a house wife and she has no
any means of livelihood. While the petitioner/husband has not pay
a single penny to the respondent for day to day expenditure, she
has to again approached the Honble Chief Judicial Magistrate,
Jorhat by filling a petition under section 12, 20 read with 23 of the
Protection of Women from Domestic Violence Act, 2005. After
hearing the parties the Honble court was pleased to pass an exparte judgment directing the petitioner/husband to pay Rs. 3000/as maintenance to his wife from the date of filling of the said
application. It is stated that the petitioner/husband was given

ample opportunities to file written objection in the said case but

he has not filed any objection petition for the reasons best known
to him.
A

copy

of

the

order

dated

30/10/2013 is annexed hereto and

marked as ANNEXURE- 5.
13.

That with regard to the statement made in paragraph 17,

18, 19 and 20of the divorce petition, the answering respondent

completely denying the averment made by the petitioner.
14.

That with regard to the statements made in paragraphs 21

of the Divorce petition filed by the petitioner, the answering

respondent offers no comments.
15.

That with regard to the statement made in paragraph 22, 23

and 24 of the divorce petition, the answering respondent

completely denying the averment made by the petitioner.
16.

That the answering respondent respectfully submits that

mismatching of mental frequency between the parties, unfaithful

attitude towards the respondent and continuous disrespect
showed by the Petitioner as well as physical assault by the
petitioner and his family members, the respondent and her family
members has irretrievably broken the marriage between the
parties.
17.

That the answering respondent respectfully submits that

when united life has created problems with no definite solution

then it is always better to be drifted apart as such the respondent
respectfully prays to grant the decree of divorce to the respondent
so that everyone can live in peace.
In the premises aforesaid, it is respectfully
prayed that this Honble Tribunal would be
pleased to pass appropriate order as per
law directing he petitioner to pay cost to
the answering respondent for dragging her
to the court and pass such other further
order as your honou may deem fit and
proper.
And for which act of kindness the humble answering respondent as in
duty bound shall ever pray.

VERIFICATION
I, Smti Ranjumoni Goswami, Wife of Sri Prabin Goswami, aged

about years, Resident of Nepali Satra, Teok, P.O. & P.S.- Teok, DistJorhat Presently Residing at C/O.- Sri Nakul Bhattacharyya, Resident of
Arunodoi Path, Dakhin Sarbaibondha, P.O. & P.S.- Jorhat, Dist- Jorhat,
Assam being well conversant with the facts and circumstances of the
case am competent to sign this verification and I do hereby verify that
the contents of paras

1 to 19

are true and correct to the best of my

knowledge and I sign this verification this the 20 th day of December,

2014.
VERIFICANT

AFFIDAVIT
I, Smti Ranjumoni Goswami, Wife of Sri Prabin Goswami, aged

about years, Resident of Nepali Satra, Teok, P.O. & P.S.- Teok, DistJorhat Presently Residing at C/O.- Sri Nakul Bhattacharyya, Resident of
Arunodoi Path, Dakhin Sarbaibondha, P.O. & P.S.- Jorhat, Dist- Jorhat,
Assam do hereby solemnly affirm and state as follows:
1.

That I am the respondent/wife in the instant case and as such I am

well acquainted with the facts and circumstances of the case.
2. That the matters stated in paragraph(s) No.1 - 19 are true to my
information and the rest are my humble submissions before the
Honble Court.
Oath

I swear that this my declaration is true, that it conceals nothing,

and that no part of it is false, so help me God.
And I sign this affidavit on this the 20

th

day of December

2014 at Jorhat.

Identified by:
DEPONENT
Advocate