Dated -25/03/2023
X ….. PETITIONER
VERSUS
Y & ANR. …. RESPONDENTS
Q.1. Why did you opt to marriage with the Respondent No.1 (objected to beyond pleading and irrelevant). The Ld. Counsel for the Respondent No.1 stated that the question is very much relevant and not beyond the pleading.
The question is kept open and will be decided by the Hon’ble Court at the appropriate stage.
Ans. I opted to marry her as at that time I liked her and our both families were agreeable to the marriage later on.
Q.2. Do you consider the relationship between you and the Respondent No.1 as love affairs and emotionally attached one?
Ans. Initially, it was a love affair and when both the families were agreed, we opted for marriage. As far as emotions were concerned the same were included in the love.
Q.3. Do you use or have facebook accounts and if yes, then since when?
Ans. Yes. I do not remember the exact date and year but it was prior to the date of marriage.
Q.4. Do you operate facebook account solely or somebody else is also using the same through your password?
Ans. I am using the same. Besides me other persons are also using the same. Even the Respondent No.1 was also using my facebook.
Q.5. Who are those other persons?
Ans. My younger sister R was also using the same besides the Respondent No.1. At present besides me 2 other persons namely P and Jyoti S are also using the same. Voluntarily, they are my team members.
Q.6. Is it your individual account or organizational account or business account?
Ans. It is my individual account.
Q.7. Till when your sister R was using your facebook account?
Ans. As far as I remember, R was also using my facebook account till her marriage i.e. November, 2017. I had given consent to her to use my facebook account.
Q.8. Do you aware that as per the policy of facebook one cannot share his credential of facebook account? Objected to being the question as vague and the Ld. Counsel should disclose the relevant rules of the facebook policy? The Ld. Counsels for the Respondents stated that it is mentioned on the facebook hosting site itself?
Ans. As per my knowledge, this can be shared with the trusted persons for use on behalf of individual.
Q.9. Can you tell the duration for which the Respondent No.1 had used your facebook account?
Ans. Probably since the year 2013 till August, 2018.
Q.10. During the said period, did you permit the Respondent No.1 to use your facebook account?
Ans. Credentials were shared with the Respondent No.1. I used to upload mine, family members and friends photos and videos on my facebook account.
Q.11. Since when you are using whatsapp?
Ans. I do not remember at present. However, I am using the same for long time.
Q.12. Whether you were using the whatsapp prior to your marriage also and if so since when?
Ans. Shayad Karta Tha Par Mujhe Yaad Nahi Hain.
Q.13.Whether you were exchanging the messages with the Respondent No.1 on the whatsapp?
Ans. Yes.
Q.14. Since when and upto when?
Ans. I do not remember as regard when I started exchanging the messages but it was till somewhere October, 2018.
Q.15.Did you upload the photographs of your visit alongwith the Respondent No.1 to various places on your facebook account?
Ans. Yes on few occasions, I had uploaded the same. Again said there were very few such occasions.
Q.16.Did you visit alongwith the Respondent No.1 to some religious places, touring and historical places?
Ans. Once we had visited Maihar (M.P.). and once we had gone to Jammu.
Q.17. Did you attend any family functions like marriage ceremonies etc. together?
Ans. The marriage ceremony of my younger sister and also marriage ceremony of my cousin (Mama Ka Ladka) as far as I remember.
Q.18.Did you attend the marriage ceremony of your niece P (Sister of S) together with the Respondent No.1 in the year May, 2015?
Ans. Mujhe Yaad Nahi Hai, Shayad Kiya Hoga. I do not remember the date of the marriage.
Q.19. Whether you visited Jaipur alongwith the Respondent No.1 prior to your marriage?
Ans. Yes, but I do not remember the year.
Q.20.Whether you both visited the Book Fair at Delhi in 2013 together?
Ans. I had gone to a Book Fair with the Respondent No.1 but I do not remember the date and year.
Q.21.Whether you had shared the contents of the petition concerning your grievances against the Respondent No.1 with your family members at the time of filing of the petition or prior to it ?
Ans. As regard to grievances they were aware but I did not tell my mother about the filing of the petition as she was not keeping well. I had also not told my sisters about the filing of the petition as both were married and I did not want to disturb them. As on date all my family members are aware about the present petition.
Q.22.With whom you had visited Kashmir in December, 2017 ?
Ans. With the Respondent No.1 and my mother.
Q.23.When did you see the Respondent No.1 in compromising position with the Respondent No.2 ?
Ans. I had seen them on many occasions and I raised objections on each occasion. On 10.07.2018, I again saw the Respondents No.1 and 2 in compromising position and there was quarrel at that issue between me and the Respondent No.1 on that day.
Q.24.Can you narrate those many occasions?
Ans. After my marriage, whenever I used to visit the Respondent No.1 rented accommodation to convince her to live with me I had seen both the Respondents in the said positions in many occasions.
Q.25.How many rooms were there in the said floor of the building where the rented accommodation of the Respondent No.1 was situated?
Ans. There were two rooms in the said floor and there was separate wooden partition space.
Q.26. Can you tell, the number of floors in the said building?
Ans. I do not remember exactly.
Q.27.Can you tell at which floor the said room was situated in the said building where you have seen the Respondents No.1 and 2 in the compromising position?
Ans. It was second floor.
Q.28. How many people were residing at the second floor of the said building?
Ans. The Respondents No.1 and 2 were residing permanently on the second floor beside them one other person was temporarily residing in the partition wooden space who was residing rarely.
Q.29.Whether the space partitioned by wood was an open space or covered like a room?
Ans. As far as I remember, the said wooden partition space had no roof thereupon.
Q.30.Whether the said two rooms and the wooden space were having the common doors?
Ans. There was single entry gate at the floor and said two rooms and the wooden partitioned space had their separate doors.
Q.31.Can you tell, whether were windows adjacent to the doors of the rooms and wooden partitioned space?
Ans. There was a window attached to the door of the room of the Respondent No.1. There was a gate in the said window. I do not remember whether the window was attached with the door of the Respondent No.2. The wooden partitioned space was opened from the top. I do not remember whether there was a window attached with the said wooden partitioned space. I was not having the keys of the room of the Respondent No.1.I used to visit the Respondent No.1 at her room in Delhi with or without prior information to the Respondent No.1.
Q.32.Had you ever visited the said room of the Respondent No.1 in the absence of the Respondent No.1?
Ans. As far as I remember, it never happened.
Q.33.Had ever visited the other room and the wooden partitioned space on the said floor?
Ans. On one or two occasions I had gone to said other room which was filled up with the goods of the both the Respondents. However, as regards to the wooden partitioned space I had never gone. I visited the said room at the instance of the Respondent No.1.There was a bed lying in the room of the Respondent No.1.
Q.34.Whether there was only one bed in the room?
Ans. Yes only one bed but there was another Gadda/Mattress in the said room.
Q.35.Whether you used to stay overnight in the room of the Respondent No.1?
Ans. I tried on many occasions but the Respondent No.1 did not allow me.
Q.36.Can you explain the compromising position as mentioned in your petition?
Ans. Bed Par Ek Saath Bethe Rehna, Bahut Hi Closed Baithe Rehna. Kai Baar Respondent No.1 Ka Respondent No.2 Ki Jhango Par Baithe Rehna, Aur Kai Baar Respondent No.1, Respondent No.2 Ke Upar Pair Felake Baithe Rehna Aur Kai Baar Respondent No.2 Ka Respondent No.1 Ko Pichhe Se Pakde Rehna. Sath Me Chipak Kar Sona.
Q.37.Had you ever seen them in other compromising positions except the above mentioned positions?
Ans. Kai Baar Maine Dekha Ki Dono Gaal Se Gaal Touch Karke Baithe Hain.
RO&AC
Date: 25.03.2023 RK
Local Commissioner
Date: 25.03.2023
Present: Sh. AM, Ld. Counsel for the Petitioner alongwith the Petitioner.
Sh. Avinash Nandan Sharma and Sh. KK, Ld. Counsels for both the Respondents.
Further cross-examination of PW-1 recorded in part. Put up on
11.04.2023 and 22.04.2023 at 2:30 P.M. for further cross examination of PW-1.
RK
Local Commissioner
