RAHUL R. KAPUR Advocate
C/o. ICL Advocates 102/C, 10th Floor, Mittal Towers Nariman Point Mumbai 400 021 Phone : 8082539490
[email protected]
28th July 2020 To Smt. Uzma Parveen Dehria Street, Near nala Gokuldas Road Nagphani, Moradabad Pin Code : 244 001 Uttar Pradesh
Sub: Notice to opt for divorce by mutual consent before the Hon’ble Family Court, Bandra, Mumbai.
Madam, I am conce concerne rned d wit with h Mr. Sayee Sayeedur dur Rehma Rehman n Kha Khan n and at his instru instructio ctions, ns, I address you as under: 1.
My cli client ent is y your our le legal gally ly wed wedded ded H Husb usband and.. The ma marri rriage age be betwee tween n you an and d my clien cli entt wa wass sol solem emniz nized ed on 17th De Dece cemb mber er 20 2014, 14, as pe perr Mu Musli slim m La Laws ws,, at Mora Mo rada daba bad, d, Utt Uttar ar Pr Prad ades esh. h. Out of the said said we wedl dloc ock, k, th ther eree ar aree no iss issue uess between my client and you.
2.
My cli client ent st state atess that be befor foree the ma marri rriage age yo you u and my cclie lient nt had n neve everr met eeach ach other. Therefore, my client’s family decided to meet you and your family at your residence at Moradabad. Based on several representations made by your family about your char character acter,, nature and upbringing, my client client’s ’s family agree agreed d
for the said marriage. Little did they know that all such representations were false, bogus and misleading. 3.
My clien lientt ssta tate tess tha thatt o on n1 19 9th December 2014, your father, Mr. Mukthar Khan, passed away and you without any rhyme or reason started blaming my client and his family.
4.
My cli clien entt stat states es tha thatt afte afterr the ma marr rria iage ge,, you res resid ided ed wit with h my clie client nt and his fam famil ily y at Mum umba baii on only ly for the the pe peri riod od of thre threee –f –fou ourr mo mont nths hs i. i.e. e. ti till ll March/April 2015. My client states that during your stay in Mumbai, you raised various unwarranted demands which you very well knew that my client and his family were not in financial position to fulfill it. You even threatened my client and his family that in the event they do not fulfill your demands then you shall commit suicide and you even tried to commit it on many occasions.
5.
The Therea reafte fter, r, you on yo your ur own ac accor cord d move moved d to Mora Moradaba dabad d and sta starte rted d resi residing ding there with your brother and his family. My client states that you assured and represented to my client that you shall come back in few days and cohabitate with my client. You also took away the gold ornaments and other expensive items to the tune of Rs. 5,00,000/- (Rupees Five Lakhs only) belonging to my client to Moradabad and promised that at the time of return you shall bring it back to my client. My client states that he was anticipating that you have visited Moradabad temporarily and was therefore waiting for you to return to Mumbai. He further states that even after six months when you failed/neglected to return back to Mumbai, my client visited you at Moradabad and requested you yo u come come back back to Mu Mumb mbai ai and and st star artt re resi sidi ding ng wi with th hi him m and and hi hiss fa fami mily ly.. However, all such requests were unheard and you were adamant to come back without assigning any rational or logical reasons.
6.
My cl clie ient nt st stat ates es that that de desp spit itee yo you u no nott retur eturni ning ng ba back ck to Mum umba baii and no nott engaging yourself in any domestic relationship with my client and his family,
he performed his matrimonial duty and out of his earning he used to maintain you by paying a sum of Rs. 4,000/- to 5,000/- per month. My client state that he possesses with him all the evidences to that effect. 7.
My cli client ent st state atess that ssome omewhe where re in tthe he mo month nth of A Augus ugustt 2019 2019,, you al along ong wi with th your brother visited my client’s home and harassed my client and his family and further demanded a sum of Rs. 5,00,000/-. He further states that when such demand was not fulfilled you once again threatened them to commit suicide and drank floor cleaning phenol, which you immediately spat out. My client states that looking to your psychotic attitude and schizophrenic behavior, my client and his family were traumatized and were taken aback. He states that you on the same day along with your brother left my client home and threatened him that in the event you demands are not fulfilled then you shall file false and bogus cases against them.
8.
My cli client ent st state atess that in tthe he ye year ar 20 2020, 20, i. i.ee aft after er 5 ye years ars,, my cli client ent wa wass extr extreme emely ly shock sho cked ed and and utt utter erly ly surp surpri rise sed d to le lear arn n tha thatt you ha have ve fi filed led a bo bogu gus, s, fals false, e, fa fabr bric icat ated ed and and comp comple lete tely ly ba base sele less ss case case in th thee Ho Hon’ n’bl blee Fa Fami mily ly Co Cour urt, t, Moradabad under Section 125 of the Code of Criminal Procedure demanding irrationally a sum of Rs. 40,000/- per month from my client when you yourself is aware that he used to earn much lesser amount and that he is presently unemployed and further in the month of February 2020 you even lodged a false case with the Nagphani Police Station, Moradabad bearing F.I.R. No. 17 of 2020 under Section 498A, 323 and 504 of the Indian Penal Code along with Section 3 and 4 of the Dowry Prohibition Act. It is important to note there that since April 2015, there exist no domestic relationship between you and my client or his family. My client denies all the allegations made under both the cases. My client states that he has taken all possible measures to ensure that your modus operandi is exposed and demonstrated before the Hon’ble Courts and Authorities. It is therefore evident that you are misusing and abusing the
powers of the Hon’ble Court and Police Authority to hide your wrongdoings and trying to extort huge sum of monies from my client by filing false and bogus cases against him and his family which amounts to extreme cruelty. 9.
My clie client nt,, de desp spit itee un unde derg rgoi oing ng al alll yo your ur crue cruell acts acts an and d hara harass ssme ment nt,, is no now w desirous of dissolving the said marriage and therefore approached me to call upon upo n yo you u to joi joint ntly ly pref prefer er Div Divor orce ce Pe Peti titio tion n by Mu Mutu tual al Co Cons nsen entt th ther ereb eby y approaching the learned Family Court, Bandra, Mumbai, failing which my client shall be constrained to take serious action against you.
10. My clie client nt state statess that de despite spite sev several eral at attempt temptss of reco reconciliat nciliation, ion, you have fa failed iled to cohabit with my client and all the chances of reconciliation have failed. There is no matrimonial relationship between you and my client since March April 2015.
11. In the said fac facts ts and circ circums umstanc tances, es, my cli client ent has app approa roache ched d me to call call upon you to dissolve the said marriage by opting for Divorce by mutual consent between my client and you thereby approaching the learned Family Court, Bandra, Mumbai so as to enable him to obtain a decree for dissolution of the marriage solemnized between my client and you on 17 th Decem December ber 2014, failing which my client shall be constrained to take strict legal action against you, at your complete cost and consequences which take note of.
Sincerely, .
Rahul R. Kapur Advocate
