WITNESS.

WITNESS


ANNEXURE A-9 (COLLY)

Deposition of Witness No.1 for Plaintiff. Deposition taken on 14.9.2004. Witness’s apparent age 69 years States on affirmation my name is Karobi Gupta.

1. Plaintiff’s maternal uncle and father attended the marriage. Plaintiff is my son, respondent is my daughter-in-law. Both Plaintiff’s father and uncle expired. Respondent’s elder brother Anupam Dasgupta sent an inland letter to my husband where he mentioned that the age of respondent is 32 years. The said letter written prior to the marriage. The letter in question, written two months before the marriage. Even after the marriage, respondent’s brother had made oral statement before me & my brother that the age of Rama was 32 years.

2. I was with plaintiff at Jamnipali in October 1993, the respondent was also residing at Jamnipali with plaintiff. At that point of time, respondent stated me that, she is not having child due to plaintiff.

3. Normally among the Bengali Hindus, the age of husband is more than his wife in a marriage. During the course of my residing at Jamnipali I observed that, respondent quarrel omwith plaintiff and plaintiff used to go out from the house.

Cross examination by Shri V.K. Gupta, advocate on behalf of the respondent.

4. The Inland letter which I had stated, is attached alongwith the petition or not, is not known to me because letter sent to my husband. It is not correct that no such letter has been written, therefore it is not produced in this case.

5. It is wrong to say that at the time of my residing at Jamlipali respondent never told me that, she is not having child due to plaintiff. It is wrong to say that plaintiff gone through the second marriage again, and specifically for that reason he quarrels with the respondent for obtaining the divorce. I am unable to say anything about the matter that whether respondent wants to reside with plaintiff and plaintiff does not want it, because myself did not reside with them.

Statement was read over to the witness and she admitted it to be correct.

Sd/-(Prabhat Shastri); 5th Additional District Judge; Bilaspur, Chhattisgarh; 16.11.2004

Deposition of Witness No.2 for Plaintiff. Deposition taken on 14.9.2004. Witness’s apparent age 43 years States on affirmation my name is Meghdeep Gupta.

1. I know both plaintiff and respondent. Both are husband and wife. Plaintiff is my elder brother. My father and maternal uncle participated in the marriage. My father told on returning from marriage that the age of the respondent is 32 years. It was informed by the respondent’s elder brother Anup, prior to the marriage by writing an Inland letter to my father that the age of respondent is 32 years and I saw that inland letter. It is true that among the Bengali Hindus, the age of husband should be more and the age of wife should be less.

Cross examination by Shri V.K. Gupta, advocate on behalf of the respondent.

2. I am not aware that whather the said inland letter was produced at the court or not. It is wrong to say that no inland letter wrote and ‘am telling lie. It is wrong to say that plaintiff is my brother and due to that today I am making these false statements.

Statement was read over to the witness and he admitted it to be correct.

Sd/-(Prabhat Shastri); 5th Additional District Judge; Bilaspur, Chhattisgarh; 16.11.2004



Witness No. 3 for Petitioner deposition taken n 14.09.2004 day of witness apparent age 44 years states on affirmation,. My name is S Vedraman

1 I know the petitioner and respondent. They are husband and wife. I know the petitioner for last 19 years. Approximately about 10 years back, petitioner sought shelter to me for residential purpose. He needs it as he had to stay outside from his residence due to family reasons. He had not stated the problem in detail. I accommodated him, at the place of my friend Murgan. Petitioner remained there about 10- 15 days. Few days after, my friend expressed his inability to keep the petitioner due to Murugan’s personal problem. My friend Murgan and petitioner both stated this fact that while petitioner was residing at the place of Murgan then respondent had also obstructed there. Murgan had refused to keep the petitioner with him, for that reason.

Cross examination by Mr. V. K. Gupta Advocate of respondent.

2. I do not know when the marriage performed between the petitioner and respondent. This statement not true that petitioner always quarrel after taking liquor. I am not aware of this fact that whether petitioner has another wife or not and for that reason he does not want to keep the respondent with him. I do not have any knowledge of this fact that whether petitioner asks the respondent to go out from his house and when she did not go, then petitioner left the house. I don’t have much more friendship with the petitioner, and we meet at the office only. This statement is not true that petitioner never approached me for shelter. It is untrue that my friend Murgan also never stated me about the disputes and I am stating all these things today for the sake of friendship with the petitioner. It is a correct statement that an employee of NTPC may be allotted quarter. I am not aware of the fact that where the petitioner is residing now a days. Petitioner has allotted a NTPC quarter. It takes five minutes to go to petitioner’s place by scooter from my house. I do not know who resides in that house. I have no knowledge about this fact that respondent is residing at that quarter or not. I do not have any knowledge of this fact that, petitioner willingly left away from the house or not. I do not have any knowledge about this fact that, whether petitioner resides with the other wife in other house leaving his allotted quarter. It is wrong to say that, as petitioner is my friend therefore today I am making these false statements.

Statement was read over to the witness and has admitted to be correct.

Sd/- illegible

Prabhat Shastri; 5th Addl. District Judge; Bilaspur ( C. G)



Witness No. 4 for Petitioner deposition taken on 14.09.2004 day of witness apparent age 39 years states on affirmation, my name is Samita Haldar

1. I know the petitioner and respondent. Both are husband wife. My marriage was solemnized with Shri S.k. Roy and I obtain divorce in the year 1998. No marriage solemnized between me and the petitioner. In genera, the age of the husband is more, and age of the wife is less.

CROSS EXAMINATION BY SHRI V. K. GUPTA ADVOCATE FOR RESPONDENT.

2. My temperament was not matching with my husband therefore the divorce took place. My divorce was finalized from Kanker Court. I know the petitioner since 1997. I was in service at Banki, at that time. My husband was doing service at Basatar at that time.

3 At present Petitioner resides in Banki Mogra. Petitioner used to visit my place till 1998 now it has been stopped. It is wrong to say that petitioner visits at my place and I move with him. It is correct that today I have come on being called by the petitioner. I have a daughter who’s age is six years.

Statement was read over to the witness and has admitted to be correct.

Sd/- illegible

Prabhat Shastri; 5th Addl. District Judge; Bilaspur ( C. G)



Witness No.5 for Petitioner deposition taken the 14.09.2004 day of witnes’s apparent age 50 years states on affirmation my name is Arup Kumar Gupta

1. I advertised for my marriage. In reply to that, on behalf of Rama Dasgupta her elder brother Mr. AnupDas Gupta and his wife sent a reply, where they stated that, the age of Rama Das Gupta is 32 years. The letter was that of 1.12.1987. Photocopy of the said letter has already been produced. I have brought original today which is Ext. P-1 its photocopy is Ext. P-1/C. But as per her office record, her age was 37 years at the time of writing of letter Ext. P-1 from the date of birth 20.12.1950 mentioned in the govt. record of the respondent and this fact was concealed.

2. After knowing this fact, I told the respondent to leave separately from my life but respondent kept on saying and did not go. Thereafter my mother had come to my

place in Jamanipali in October 1993. Respondent had told me impotent in presence of my mother.

Thereafter I had filed an application for divorce in the year 2000. That was on different ground filed on the basis of conversion of the religion.

3 Respondent considers herself as married, only on the basis of solemnization. She does not perform the duty of a wife. Cruelty of respondent started since beginning. She married me by saying that she is a woman of 32 years whereas that woman was 37 years old. My mental condition is not such that, I can accept a wife more than my age. I poseses some Indra vikas patra, amount about Rs. 50,000/- which kept by respondent without my knowledge. She kept it against my wishes, which was a torture against me.

4 Apart from the letter ext. P-1 one more letter had been sent to my father in which the age of the respondent was stated as 32 years which not enclosed it in this petition. The behavior of the respondent gradually changes and she started opposing every word of mine. Due to this reason I feel very difficult to live with her then I filed an application on 05.12.2004 in the court of Ivth Addl. Distt. Judge. No action was taken on the application because of not being in the prescribed form. It happened as because I don’t have the knowledge of

law. Respondent’s brother threatened me to kill, on 28.12.1994 and I had lodged the report in Darri police station. I have the carbon copy of it. Carbon copy is exhibit P-2 and its photocopy is Ext. P-2/C.

5. On 24.01.1995 night, I hear, respondent shouting ‘fire,fire’. I and respondent used to sleep separately. I rushed there and found that, respondent was sitting on the cot and fire caught due to throw the quilt over the heater by herself. Which also I reported. Carbon copy is Exhibit P-3 and its photocopy is Ext. P-3/c. After this information police had stated it to be cognizable offence and a report handed over to me, which marked as Ext. P-4 on it. I have brought the carbon copy. Photocopy is already on record which is Ext. P-4/C. I already produced the complaint alongwith the affidavit in the court of IV th Addl. District Judge. After this incident, I felt my life is in danger. On 30.01.2005, when I left the house for preparing to reside at some other place then respondent snatched all my articles and did not allow me to go. At that time, I spent my two nights at Jamalipali bus Stand. Thereafter, I am moving here and there, till today. During this period, I request for a shelter to my friend Vedraman, and he arranged my staying along with Murgan but there also respondent went and started making my life, in hale.

6. Once I had gone to duty locking my quarter then respondent broke the lock with the help of few people and entered into my quarter. Respondent forcibly residing into my quarter which allotted to me by NTPC and even after repeated request she did not vacate it. Respondent and respondent’s brother made false complaints before the management of the company and I had given its reply to the company also. The original copy of the complaint with me and I have not brought it today. No marriage solemnized between me & Samita Haldar who has come today as witness, but we had intimate relationship and have a girl child also who resides with Samita. Due to the false complaints made by respondent, to my company and my friends, which is mental torture to me. Due to the aforementioned incidents respondent committed mental cruelty with me. Due to the above reasons, it is not possible to live together and this situation created by respondent herself deliberately, with intention to live separately.

CROSS EXAMINATION BY SHRI V. K. GUPTA ADVOCATE

FOR RESPONDENT.

7. Samita Haldar known to me since 1998. It is not true

that I know her 1992-93. I don’t like to reply this question that, the reason of divorce of Samita Haldar &

her husband because this question not related with this case. It is not true that the husband of Samita quarrel with me, saying that, I kept his wife. It is also not true that, after being established the relationship with Samita I have started ousting the respondent from my house. It is not true that when respondent denied to leave my house then I made false complaint at Darri Police station. It is not true that respondent did not make an incident of catching fire and I had made false complaint. The child who was with Samita Haldar is six years old. It is not true that she was born in 1997. I do not remember her date of birth. It is not true that I want to oust the respondent from my house with view to keep Sunita.

8. I did not produce the copy of the printed advertisement of my marriage. I could not remember today what I written in the advertisement and what kind of wife I wanted. It is not true that I never advertised it. I saw respondent at her house. It is true

that I saw respondent before marriage. I consented on marriage with this understanding that the respondent is a girl of 32 years. If she declared herself as 37 years old then I never consented on the marriage. I cannot say anything in this regard that, by look, how much age respondent was. It is not true that the brother of the respondent never stated to my father & maternal uncle that the age of the respondent is 32 years. It is not true that respondent never said to my mother that child is not being born due to me. It is not true that respondent’s brother never wrote the letter of Ext. P-1. It is not true that I never stayed in the house of Murgan.

9 At present I have adopted the Muslim religion. Neither I had made any report to the post office about Indra Vikas Patra and nor I made any report to the police station. It is not true that I want divorce with respondent with a view to make Samita as a wife.

Statement was read over to the witness and has admitted to be correct.

Sd/- illegible

Prabhat Shastri; 5th Addl. District Judge; Bilas Pur ( C. G)



Witness No.1 for non – applicant deposition taken on 09.11.2004. Witnes’s apparent age 53 years states on affirmation my name is Smt. Rama Das Gupta.

1 My marriage solemnized with the applicant Arup Kumar Gupta about 16 years ago in the year 1988. My marriage solemnized at Raigarh. After the marriage, I went to applicant’s house at Calcutta and come back some days after. I remained there approximately 15 days. Thereafter I came back to Jamnipalli at applicant’s quarter where residing after the transfer. That house allotted to applicant. That quarter situated at NTPC Colony and as applicant was employee of NTPC therefore the quarter allotted in the name of applicant.

2. After marriage we resided there as Husband and wife till 1996-97. During that period I faced negligible disputes.

3. In 1993, applicant told me to take loan from my GPF account for constructing a house and on that basis I withdraw a loan of Rs. 50,000/- from my GPF account from the department. Thereafter, applicant pressurized me to deposite the same in his name and started quarreling with me heavily. But I deposited the aforesaid amount in my name in the post office. As because applicant was suffering from Ulcer at that time and I felt there may be a future requirement of money for medicines and treatment so I deposited the aforesaid money in my name in the post office. I did not deposit the aforesaid money in the name of applicant. Due to this reason applicant angered and always beat me and harassed me. Applicant throwed the household items and putted it on fire. One day he locked the house. When applicant asked to open the lock then he told me to get the order from the court thereafter he will open the lock. Then I called two

to four neighbours and stated the incident then my neioghbours took me to General Manager of NTPC, then all these persons made a phonecall to TI of Darri Police station then TI came and broke the lock of my house with the help of neighbourers. Thereafter I were able to entered the house.

4. Our dispute continued. During that period, applicant visited home, time to time for a short period. After 2001, applicant left the house voluntarily. I did not thrown out the applicant from the house. At present applicant resides in Banki Mogara. Now applicant residing in the quarter of the health employee Sunita Haldar who resides at Baki Mogara. Applicant made Sunita Haldar as his wife. It is my belief that when he made Sunita Haldar his wife, from that time he started torturing me. My husband have a child from her. I don’t know the name of the child. Perhaps she studied in the school.

5 At present my husband accepted the Islam religion. My husband accepted the Islam religion probably on 1993 and used the name as Anwar Ali.

6. I want to live with the applicant who is my husband even now but he has left the house on his own.

7. The time when the marriage took place, I told my age etc., to the applicant. I have not married him by fraud.

149

After providing the complete information the marriage was solemnized as per the social rites and rituals in presence of the guardians of both sides and in the presence of the elders of both the parties. Applicant has been putting pressure upon me for divorce since 1993.

CROSS EXAMINATION BY THE APPLICANT HIMSELF.

8. I am still ready to live with the applicant. I want to live with him as because the problem between husband and wife should be solved at home but applicant doesn’t want to solve the problem.

9. As you converted your religion people of my society do not take water from my house and they look at me in a inferior manner. Sometimes you vanished from the home. Sometimes you lock the quarter whose key not available to me. You assaulted in my eyes for which haziness come into my vision and you did not even took me to hospital.

My eyes need to be operated for motiabind, all facilities available at NTPC hospital, still then treatment not available to me, and you are responsible for it. I purchased the medicine, which are, not issued but you have not signed on it till date. I verbally requested the management but they adviced me to bring order from the court. No body is there to look after me.

10. You made Sunita Haldar as your wife and you have a child from her. Due to this reason, now I am living separately. You are harassing me to vacate the house.

Note :-Now the time is 2.5p.m., therefore, the cross examination of the witness is deferred.

Typed on my dictation; R. S. Sharma; District Judge

Oath was administered again to the witness and cross examination was started.

11 When you locked then I did not give the information in writing to G. M. & TI, and you told me to get the order from the court. I gave verbal information to GM and his wife. They informed the police. I did not lodged any report in the police station in regard to, beat done by you. Witness gave a self clarification that as it is an internal matter of home therefore she did not lodged the report.

12 It is true that I went to Calcutta where I received a warm welcome. You were present at the time of reception. You are the person, who took me there. You

told that you will construct a house on the land at Calcutta therefore I drawn the loan of Rs.50,000/- from my PF account. It is wrong to say that you were not being informed. As Rs.50,000/- is insufficient for making a house and on that time you were suffering by Ulcer, Ulcer may turn into Cancer, and your maternal grandfather died into Cancer, that’s why I deposited the said amount into the post-office. It is wrong to say that, you were not able to live in the quarter of NTPC, better to say, your entry and exit was frequent, there. You used to go out of the house for 3-4 days then again you used to come. I am talking about your such type of movement only. It is true that I am claiming to be your wife, because I am your wife. On asking witness after showing the letter ext. P-1 that, whether it has been written by

your sister in law (Bhabhi) then witness stated that she does not know who wrote it. It is true that my sister in law and my brother were involved at the time of my marriage. You told me to leave the quarter, then stated again that, you threatened me to leave.

13 In past, I have hared that you established relationship with a Muslim girl then you told that you have kept Sunita Haldar and there is a daughter from her. You never took me anywhere for honeymoon. It is wrong to say that I forcibly residing at that quarter, but as I am your wife therefore I am residing at that quarter.

14 As you absconded (vanished) from the quarter, that’s why none can see you, therefore the question of witness does noy arise. I did not mention your name as husband in my service record, but the information which I sent time to time, there I mentioned your name as my husband, and it recorded in the school record. Thereafter, witness self explained that, you did not prepare the affidavit in this regard.

15 Most of the works, I did with your permission, and as you told I did the same. Several times I told you, for giving affidavit by which I can enter your name, as husband after me, but you did not affidavit.

16. It is wrong to say that I concealed my age from you. It is also wrong to say that I have committed any fraud. You know about my age since beginning, total record was with you. You saw all the records, you went Gwalior too along with the records, for drawing

money. It is fact that myself and my brother wrote letters to your office. I could not remember for what reason that letter written. But I can tell it, after seeing the letter. I wrote the letter Ext.P-12 and Ext.P-11 written by my brother. I wrote the Letter Ext.P-12 in regard to your criminal activities. It is true that, the allegations which I have leveled against you in that letter, is absolutely truth. Whatever the allegations written in that letter is correct.

17. I marry you, why I will left you only on your say, when you brought me hear after my transfer. I had a cordial relationship with you at the very beginning of the marriage.

18. You had taken the shape of Muslim by increasing your beard and you had kept the room heater in the side near the bed and fire had caught in the quilt by mistake. Then you had taken me to the hospital, I had gone to my duty, then you went away alongwith the medical book and told that I took it for strengthening my case.

19. It is wrong to say that, you left the house in one cloth. It is also wrong to say that, I had forbidden you

to give clothes and books. Neither police came to meet me nor you came with any demand. I lodged report against you in Darri police station but I could not remember when I complained. You have been living with Kept. I lodged a report in regard to keeping a woman by you. You, yourself told me that you married Sunita Haldar that’s why ‘am saying that as I am your legally weded wife and alive therefore you can’t marry any other woman that’s why I told her, your kept. Yes, I told her baby, ‘illegal child’. As because you have Ulcer, you have asthma, therefore I want to serve you, therefore I want to live with you, but my condition is that, that woman Sunita Haldar and her child must not be there. You are my husband; you are doing wrong by not recognizing me as your wife. Why did you change your religion, some reason must be there. It is wrong to say that I had embezzled your Indira Vikas Patra and Kisan Vikas Patra. It is true that I had not initiated the proceedings of the restitution of conjugal rights against you. I sent the copy to all those, whose name mentioned in Ext.P-11 and P-12.

The statement has been read over to the witness who put

his signature after found it correct.

Sd/- Illegible

R.S. Sharma; District Judge Korba(Chhattisgarh);



Deposition of Witness No.2 for Respondent. Deposition taken on 9.11.2004. Witness’s apparent age 42 years States on affirmation my name is Dindyal Agarwal.

1. I know non-applicant Rama Dasgupta and applicant Arup Kumar Gupta. Both parties were residing at Yamuna Vihar Colony. At present non-applicant resides there alone in that quarter. Earlier applicant was also resided at that quarter. I do not know where applicant residing now a days.

2. Initially the relationships were alright. I can’t say what dispute arose later on. Applicant did not use to come in his quarter. I don’t know where applicant was residing and with whom. It is also not known to me whether applicant converted his religion or not. Once applicant locked the quarter then, we about five to seven persons opened the lock.. Thereafter non-applicant started residing in it. Non-applicant resides there alone; applicant does not come to that room.

Cross examination by Arup Kumar Gupta, Applicant himself.

3. we about five to seven persons opened the lock. No higher officials were there, it was a domestic matter. One, Mishraji, S.K.Mishra was one of them who involved, to open the lock, I Can’t remember rest of the names.

The statement has been read over to the witness who put his signature after found it correct.

Sd/- Illegible

R.S. Sharma; District Judge Korba (Chhattisgarh).

// TRUE TRANSLATED COPY //