HMA 00/24
AB VS XY
25.02.2024
PW-1 Mr. AB, S/o late Sh. X (re-called for further cross examination after 08.1.2024)
On SA
XXXX by Sh. Avinash Nandan Sharma Ld. Counsel for both the respondents
I have dully read and understood the content of my affidavit EX PW 1/X and the same was prepared on my instructions.
It is correct that Mr. Kumar is my friend
It is correct that I have placed the audio recording held between myself and my friend Mr. Kumar but I am not sure about the exact date of the said recording.
I was residing in Laxmi Vihar from October, 2009 to May, 2014 however I do not remember the exact period.
At that time I was residing in rented accommodation and my mother also resided with me from 2009 to 2014.
Besides my mother, my niece Ms. X also resided with me from 2009 to 2014.
Q Can you tell about your relation with respondent no. 1 during the period from 2009 to 2014
A During the period from 2009 to 2011 we were students and were preparing for Civil service examination, we were two students and we were friends. From 2011 to 2014 we rarely used to meet each other on account of fact I was busy in my office work.
Q Is it correct that it means prior to 2011 you used to frequently meet with respondent no. 1
A We used to meet prior to 2011 to discussion our subjects matter for preparing the Civil Services examination as required as we have one common subject.
Q Where did you meet the respondent no.1?
A Sometime at my rental house, sometime at the room of respondent no. 1 and sometime at the coaching center.
Q It means you have wrongly stated at the earlier stage of your cross examination “SHADI KE PHELE BHUUT JYADA MULAKAT NHI HOTI THI” what you want to say?
A Marriage was performed on 2.09.2015. We rarely meet during the period of 2011 to 2015. I shifted from Laxmi Vihar to Gurugram in May 2014.
Q In your affidavit EX PW.-1/X in para no 2 you have stated “ it is stated the respondent no. 1 is a lady of abnormally aggressive nature and has the irresponsible conduct to the extent that the deponent cannot live with her anymore” Did you not notice this fact during the period 2009 to 2011??
A During the said period I could not notice the said behavior of the respondent no. 1
The respondent no. 1 was not in frequent contact with my mother during 2009 to 2014.
It is incorrect to suggest that the respondent no. 1 used to meet my mother and sister frequently during the period the 2009 to 2014.
It is incorrect to suggest that the respondent no. 1 used to stay at my house during the period 2009 to 2011.
Q Is it correct that during the conversation with Mr. kumar dated 08.09.2018 you told him that “are Kumar ji aap to jantee hhonge XY ji october 2009 se lekar, jab amma ayi hui tab se 2011 tak lagatar mere ghar par rhi hai.
A Right now I do not remember the exact conversation.
Q Is it correct that the respondent no. 1 used to stay at your rented accommodation during the period from 2009 to 2011?
A No, it is not correct. Vol: the respondent no. 1 used to come at my home for study purpose. However she used to reside at X, which was adjacent to my house.
Q Whethere you had written the letter dated 11.09.2011 addressed to Hon’ble Supreme Court of India requesting to grant permission to you for change of your cast for the purpose of marriage.
A The letter was drafted however, as per my knowledge the same was not posted
Q I put to you that you had sent the said letter to respondent no. 1 through email on 12.09.2011 at email:- ab.gmail.com.
A Mujhe yaad nahi, mujhe check karna padega.
Q Can you tell on the next date of hearing after checking your email record?
A I will check
Q I put it to you that you had already decided in the year 2011 to marry with the respondent no.1 which is shown from your said letter.
A It is incorrect Vol: I intended to marry to respondent no. 1 in 2011 but I finally decided to marry respondent no. 1 in 2014.
It is incorrect to suggest that during the period from 2011 to 2014 when I was working, the respondent no. 1 used come at my house when I came back from my office.
Q I put to you that since you had already made up your mind to get the respondent no. 1 divorced, and for that purpose you prepared various manipulated records in the form of audio recording, whatsap chats which you have filed in the court what you have to say.
A It is incorrect, most of chat were with the respondent no. 1 only.
I know Ms. XX since Jan, 2018. Vol: Since she joined my yoga classes as student.
I went to Vivekannand University at Belur for pursing post graduate diploma in Yog studies during july 2016 to june 2017 by taking EOL leave from my office. It was not official tour. I do not take the respondent no. 1 alongwith me during the said course.
The EOL was not sanctioned when I left for the course but the process was started and I had taken two days EL leave at the time of leaving for the said course.
Q Whether you had received any communication form your employer seeking therein your explanation for leaving without sanction?
A No, such explanation was sought however, I received a communication from my department that has not taken final decision on my application. I thereafter, got extended my EL.
As far as I remember I received a letter dated 25.06.2017 regarding the sanction of EOL from my department.
It is incorrect to suggest that after exhausting my EL, I remained absent from my duties without taking any sanction before June 2017 Vol: I was granted post facto approval for entire period of course vide letter dated 25.06.2017.
Q On whose advices you had pursued the said course.
A I was inspired by the speech of Hon’ble Prime Minister given in UNGA on dated 27.09.2014
Further cross examination is deferred due to paucity of time as it is 4:00 P.M.
RO & AC
(XXX)
Judge, Family Court
