Sample Written Statement of the Opponent Husband in a Maintenance Application

A written statement in a maintenance application is a formal legal response submitted by the opponent husband to the claims made by the applicant wife. This document plays a crucial role in presenting the husband's defense, financial standing, and any objections to the maintenance claims in a clear and concise manner.

Introduction to Written Statement in Maintenance Application

A written statement is an integral part of legal proceedings under maintenance laws in India. It enables the opponent husband to articulate his response to the claims, providing a detailed explanation of his position while adhering to legal protocols.

Key elements typically included in this document are:

• The husband's financial status and dependents.
• Details of any pre-existing agreements or court orders related to maintenance.
• Counterarguments or objections to the claims made by the applicant.

This template offers a structured format for drafting a written statement that ensures compliance with Indian legal standards. It simplifies the process, making it easier for individuals or legal professionals to prepare a compelling response while safeguarding the husband's rights.

Sample Written Statement of the Opponent Husband in a Maintenance Application

IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS
Maintenance Application No. 999/2003

Smt. W - Applicant
Versus
Shri H - Opponent

A WRITTEN STATEMENT ON BEHALF OF THE OPPONENT

The opponent above-named submits this statement, praying to state as follows:

1. The contents of para 1 of the application are true and correct and hence admitted by this opponent.
2. The contents of para 2 of the application are likewise true and correct and hence call for no comments.
3. The contents of para 3 of the application are false, baseless, and frivolous, and hence denied by this opponent. The opponent submits that the applicant, from the beginning, was in the habit of staying with her parents. She cohabited with this opponent for hardly a fortnight after the marriage, and since then, she has always resided at her parents' home.
4. The contents of para 4 of the application are fabricated. This opponent submits that since the applicant cohabited with this opponent only for a few days, the question of begetting a child or making such allegations against the opponent does not arise. The so-called medical check-up mentioned is false and imaginary.
5. The contents of para 5 of the application are false. This opponent reiterates that when the applicant did not cohabit with this opponent during the existence of their marriage, except for a few days after the marriage, the alleged ill-treatment could not have occurred. These allegations are baseless and lack any truth.
6. The contents of para 6 of the application, claiming that the applicant tried to go to this opponent for cohabitation, are false and misleading. These allegations are categorically denied, and the opponent requests this Hon'ble Court to consider this fact.
7. The contents of para 7 of the application, alleging that this opponent has contracted a second marriage with a staff nurse, are false and defamatory. The applicant has made baseless allegations against the opponent. The opponent requests this Hon'ble Court to direct the applicant to provide strict proof of the same.
8. The contents of para 8 of the application are baseless and exaggerated. The opponent submits that he is employed as a Compounder, not as a Doctor, at Sassoon General Hospitals, Pune, and his salary is Rs. 8,000/- per month, not Rs. 20,000/- as claimed by the applicant.
9. The contents of para 9 of the application are false, baseless, and frivolous, and hence denied by this opponent.
10. The opponent respectfully submits to this Hon'ble Court that he has always been and remains ready and willing to maintain the applicant. He has never refused or neglected to maintain her, and there was no cause of action for the applicant to file the present application.
11. Therefore, the opponent prays:

• That the application of the applicant be dismissed, and
• Any other orders in the interest of justice may kindly be passed.

Dated:
Sd/- H
Opponent

ADVOCATE FOR THE OPPONENT

Sd/- xXx

VERIFICATION

I, Shri H, the present opponent, do hereby state on solemn affirmation that the contents of this statement in paragraphs 1 to 11 are true and correct to the best of my knowledge and belief.

Sd/- H
Opponent