IN THE COURT OF THE HON’BLE METRPOLITAN MAGISTRATE,

29th COURT, AT DADAR, MUMBAI

C.C. No.: 79/DV/2014

Gulzeba Khan …..Applicant

V.

Anjum Kukad and Ors. …..Respondents

REPLY ON BEHALF OF THE

RESPONDENTS TO THE

INTERIM RELIEF PRESSED

BY THE APPLICANT

It is most respectfully submitted that,

1. The Respondents state that, they are filing this reply to the interim

relief prayer pressed by the Applicant in the present case. The

Respondents are filing this reply without prejudice to their right of

filing the detail written statement to the Application, with the leave

of this Hon’ble Court.

2. The Respondents state that, at the outset, the Respondents deny

in toto, and in particular, all the allegations and claims made by the

Applicant in her Application. At the further outset the Respondents

state that, the contents of all the paras of the Application are false.

The present Application filed by the Applicant is false, frivolous,

vexatious, misconceived, bad in law, not maintainable in as much

as the same is made with an ulterior motive to pressurize the

respondents to succumb to her demand and alleged with the sole ill
 intention of extorting money out of the innocent Respondents

finally and/or in an interim manner. The Respondents state that

allegations leveled against the Respondents in the present

complaint are false, frivolous and are denied in total and put the

Applicant to the strict proof thereof.

3. The Respondents state that, the marriage between the Applicant

and the Respondent took place on 2nd March, 2014. The said

marriage was a ‘Nikaah’ as per the Mohammedan law. The

Applicant is a fashion designer and has pursued Diploma in Fashion

Designing.

4. The Respondents state that, the Respondent No. 1 has already

given divorce to the Applicant even before filing of this Application.

The Respondent No. 1 has divorced the Applicant on 13/07/2014

by pronouncing Talaaq as per the Shariat Law before two adult

witnesses. The Respondent no. 1 has also conveyed to the

Applicant about the said Talaaq vide Talaknama dated 13/07/2014.

This application is filed subsequent to Talaaq i.e. after the

matrimonial relation coming to an end. Thus this Application is an

afterthought and hence false, frustrated and vexatious.

5. The Respondents state that, there exist no matrimonial relation

between the Applicant and the Respondent No. 1 and hence no

order for interim maintenance or residence, protection is required.

6. The Respondents state that, the then shared household in the

present case is the address of the Applicant mentioned in the

causetitle of the Application. The Respondent No. 1 left the shared

household on 29/06/2014. It was the Respondent No. 1 who left

Respondent No. 1 has been living at A104, Raheja Nest, Lake

Homes, Chandivali Farm Road, Andheri (E) Mumbai. The said home

of the Respondent No. 1 is a rented premise on sharing basis. The

Applicant is living in the shared household along with her mother

illegally. It is the Respondent No. 1 who is suffering and under

greater hardship. Hence no residence orders are required.

7. The Respondents state that, the Applicant is a qualified person.

The Applicant is a Diploma holder in Fashion Designing and is a

Fashion Designer. The income of the Applicant is around Rs.

70,000/- to Rs. 75,000/- per month. It is not the case that she is

uneducated or she is not able to earn. Whereas, the Respondent

No. 1 is working as a trainee/ intern as an insurance surveyor in a

firm named J. Basheer and Associates which is a ship surveyor

firm. The Respondent No. 1 gets a monthly stipend/ salary of Rs.

10,000/- only. The Respondent No. 1 himself is dependent on his

parents. In such a situation any interim maintenance order will

worsen his financial condition.

8. The Respondents state that, the Respondent No. 1 left the shared

household and has also given Talaaq to the Applicant even before

filing of this Application. The Application nowhere states any

allegations of Domestic Violence after the separation by any of the

Respondents. The Respondents are law abiding citizens. The

permanent residence of all the Respondents is in Gujrat and the

Respondent No. 1 resides permanently in city of Gandhidham,

Gujrat. After the completion of internship of the Respondent No. 1,

he will be shifting back to his home and start his own business. The

Respondents are very much co-operating with the Wadala TT police

against the present Respondents. The Respondents have secured

anticipatory bail from the Hon’ble Session Court, Greater Mumbai

on 17/11/2014. Hence no protection orders are required to be

issued.

In the light of the above stated circumstances it is therefore most humbly

prayed that,

(a) No interim maintenance or residence or protection orders may be

passed;

(b) The interim relief prayer as pressed by the Applicant may be

dismissed/ refused/ rejected with costs;

(c) Any other order in the interest of justice may be passed.

Place- Mumbai

Date- 04/12/2014

Advocate for Respondents