IN TE COURT OF HON’BLE FAMILY COURT JUDGE,

THANE, AT THANE

A PETITION 7 OF 2017

Shri. Abhay Ranganathan Said             ….Petitioner

Versus

Smt. Rupali Abhay Said                       ….Respondent

Written Statement on behalf of

the Respondent on the Petition
filed by the Petitioner under
section 13 (1)(ia) o Hindu
Marriage Act. 1955.

MAY IT PLEASE YOUR HONOUR:

It is most respectfully submitted on behalf of the

Respondent as under:

1.  That, The Petitioner herein has filed a Petition

under Hindu Marriage Act. The contentions raised by
The Petitioner in the said Petition are specifically
denied by the Respondent and the respondent is put
to the strict proof of every contention, allegations,
raised by The Petitioner in the said  Petition. The
Petition is a blatant misuse of the law and is liable to
be dismissed. It is humbly submitted that The
Petitioner is seeking to misuse the powers available
to him under the Act. It is humbly submitted that the
special Act is enacted only to protect the aggrieved
person. By any stretch of imagination, these powers
cannot be misused.

2.  That, the Respondent understood the contents

thereof and in light of the contentions made therein,
 the  Respondent seeks to file a reply to the said
Petition.
 
3.  Before giving reply para wise to the
abovementioned  Petition, the Respondent desire to
submit some preliminary objections which in nature
to go to the root of the matter.
 
PRELIMINARY OBJECTIONS
 
i.            That, The Petitioner himself deserted his
legally wedded wife, and refused to accept her
back despite several requests made by the
Respondent and her family.
 
ii.           That, The Petitioner has suppressed the
material facts and has not approached this
Hon’ble Court with clean hands, hence the
present  Petition is liable to be dismissed.
 
iii.         That, the present Petitioner is not
maintainable because The Petitioner has filed
the present  Petition on false grounds and
levelled false allegations against the
Respondent. It is submitted that The Petitioner
has approached this Hon’ble Court with a pre-
planned. Concocted, false, fabricated,
vexatious, misconceived, motivated, contents,
contentions, allegations and assertions, hence
the present Petition is not maintainable and is
liable to be dismissed with heavy cost.
 
 iv.        That the present  Petitioner has been filed
without any substantive evidence and has been
filed on false grounds and therefore, same is
not maintainable and is liable to be dismissed
with heavy cost.
 
v.          All the contentions in the  Petition are
denied except to the extent as are specifically
admitted hereunder or otherwise dealt with.
  
4.  Fact of the Case:

a.  That, the marriage between the Respondent

and The Petitioner was solemnized on 14th
December, 2015 as per Hindu religion, customs,
and Vedic rites and ceremonies in presence of
parents, family members, relatives, friends, and
acquaintances of both sides at Ganraj Mangal Hall
at Manchar, Taluka Ambegaon, Dist. – Pune.
Hereto annexed and marked as Exhibit- A is the
copy of photograph of marriage and Exhibit- B is
the copy of marriage invitation cards.
 
b.  That, the Respondent and the  Petitioner’s
family were in search for an ideal match for them
and thus they registered Respondent’s and
Petitioner’s profiles to deferent marriage bureaus.
That, somewhere in the month of April, 2015
Respondent’s family received an intimation from a
marriage bureau at Manchar, Ambegaon, Dist
Pune that, the  Petitioner’s family were interested
in Respondent ’s profile and were keen on taking
the said alliance ahead. Accordingly, both the
families met, during the said meeting Petitioner’s
 family members informed that  Petitioner is a
well-educated person and having a good hand in
the construction business.
 
c.   Thereafter, Petitioner’s sister used to call
Respondent on every day she assured her that his
brother is a good person, well-educated and well
settled having a construction business and he is
doing well in his business, she also told that they
don’t want anything from Respondent and her
family, they will bear all the expenses of marriage.
She further, induce the Respondent by pressuring
her that  Petitioner like her and he really wants to
spend his life with the Respondent. Hence, the
Respondent was ready to meet him.
 
d.  That, during initial meetings  Petitioner was
pretended the best match for the Respondent, he
informed her that he has no bad habits, neither
smoking nor drinking. But on 31st August, 2015
Petitioner throw his birthday party at Pune, during
the party Respondent observed that  Petitioner
was continuously busy on his phone, hence, the
Respondent  decided to leave from there when the
Respondent  went to inform him she heard that
Petitioner was talking with some girl namely
Varsha and they were discussing sexually intimate
things, which was shocking for the Respondent .
Hence, the Respondent left from there and
informed her family as well as Petitioners that she
can’t marry him.
 
e.  That, after the said incident  Petitioner pleaded
for her forgiveness, he told her that he loves her
 and if she will not marry her, he will commit
suicide, he further informed that the said girl was
his ex-girlfriend and they broke up, there was
nothing remains between them. That his family
members also tried to convince the Respondent
and her family member. And anyhow they
convinced the Respondent’s family. Hence, their
marriage was fixed.
 
f.    That, Petitioners were assured the Respondent
that they will bear all the marriage expenses but
at the meantime they said they are facing some
financial difficulties hence they could not
contribute in the marriage expenses, hence all the
expenses were borne by the Respondent’s family.
The gold ornaments amounting to Rs. 7 lakhs
were given by the Respondent’s family and other
relatives, further gave gold chain and rings
amounting to Rs. 2 lakhs to Petitioner and cash of
Rs. 5 lakh to The Petitioner and 3, and other
valuable gifts to  Petitioner and 5 apart from that,
the Respondent’s family also gave furniture of Rs.
1,50,000/- and other households articles. The
Respondent’s family also gave expensive gifts to
the Petitioners and their relatives. The Respondent
craves leave to refer and rely on the receipts at
the time leading of evidence.
 
g.  The Respondent states and submits that after
marriage they went to  Petitioner’s native place
were the behaviour of The Petitioner and his
family was strange, there was no hint of marriage,
celebration, guest, or any Pooja, but being new
 bride she did not question. Thereafter the
Respondent started dwelling in the matrimonial
house of The Petitioner at Thane address
mentioned in the title clause of the present
Petition along with the  Petitioners.
 
h.  That, on a very first night Respondent  noticed
that The Petitioner is not interested in making
relation with her, initially she thought he must be
tired or exhausted due to the hefty ceremony.
 
i.    That, on very second day of marriage, the
Respondent  was told by  Petitioner  and 5 that
she has to perform her first rasoi rasam by
making lunch for them, and accordingly she
cooked lunch but at the time of lunch,  Petitioner
invites some of his relatives which were not
informed to the Respondent, hence she had not
cooked for them, for that  Petitioner throw the
plate on her face, while covering his face she
injured her elbow, then  Petitioner no 3 and 5
pushed the Respondent  in a room and locked the
door of the room from outside and The Petitioner
No. 1, 2 & 4 tried to strangle the Respondent by
choking her throat. The Respondent somehow
escaped from there and when she was trying to
leave the house The Petitioner No 3 & 5 did not
allow her to leave the house with a fear that the
Respondent would file a complaint against them,
they locked her in a room.
 
j.    That,  Petitioner's sister started harassing the
Respondent for no concrete reason. They used to
pick up fights and start abusing the Respondent
 and her family members for no reason.
The Petitioner and his sister Kavita Ragunathan
Saeed manhandled the Respondent on her minor
mistakes.  Petitioner and his sister mostly make
the Respondent starve or gave the Respondent
stale and leftover food. The Petitioner and his
sister harassed the Respondent by not sharing the
household chores. Further,  Petitioner’s mother
Manda Ragunathan Saeed kept all the gold
ornaments of the Respondent in her own custody
and till date is in the custody of  Petitioner‘s
mother only.
 
k.  The Respondent states and submits that after
few days of marriage,  Petitioners started making
monetary demands from the Respondent. They
used to ask the Respondent to bring dowry in
form of some or the other things from the
Respondent’s family. When the Respondent 
denied for the same,  Petitioner mercilessly
manhandled the Respondent. The Respondent
states that she has a doubt that there must be an
ulterior motive and monetary interest of the
Petitioners behind this marriage.
 
l.    That, the Respondent started co-habiting with
The Petitioner but she was disheartened to
witness Petitioner No.1’s disinterest. The
Respondent  did not say anything as it was the
initial days of the marriage and the Respondent 
thought that this behavior of The Petitioner might
change after knowing each other and after
spending time with each other.
 
m. The Respondent  further states and submits
that the Respondent  started noticing some weird
and suspicious behavior of  Petitioner towards the
Respondent  but she ignored as she was busy
adjusting herself in the new environment.
 
n.   The Respondent states that within a few days
of marriage The Petitioner started insulting and
abusing the Respondent over minor/petty issues.
The Respondent tried all possible ways to tolerate
the behavior of  Petitioner No. 1. But there was no
change in his behavior.
 
o.  The Respondent states and submits that The
Petitioner started living away from the house.
Initially, Petitioner used to be away from the
house for hours without informing the
Respondent, and when the Respondent used to
call The Petitioner not even concerned to answer
her calls. Whenever The Petitioner was at home
he used to point out the faults of the Respondent.
He used to pick up fighting on issues relating to
cooking, household chores, and other stuff.
 
p.  The Respondent states and submits that
Petitioner frequently started abusing the
Respondent for no reason.  Petitioner No.1 uses
abusive and vulgar language for the Respondent.
Petitioner No.1 manhandle the Respondent for
minor issues.  Petitioner was harassing the
Respondent mentally and physically.  The
Petitioner did not let the Respondent touch any
items of the house and she was restricted from
 buying the necessities in her own matrimonial
house. The behavior of The Petitioner was getting
intolerant and was worsening day by day.
 
q.  That, after a few days of marriage, the
Respondent  came to know that, The Petitioner
has extramarital affair with one Ms. Varsha
Hande, residing at Shri Swami Samath Mahakali
Apartment, 4th Floor, Lokmaniya Nagar, Thane
( Nearby  Petitioner No. 1), to confirm this
Respondent  had checked  Petitioner No. 1’s
mobile phone where she witnessed that  Petitioner
was in touch with the said girl there were more
than 13 calls per day and numerous sexting chats
and obscene photos and videos were shared
between the Petitioner and the said girl Versha.
 
r.   That, on 21st January, 2017 Respondent
confronts Petitioner and asked him about the said
girl on that he accepted that he is in illicit
relationship with the said girl, and will continue
that relationship and he doesn’t wish to continue
this marriage and that marrying with the
Respondent was the biggest mistake of Petitioner
No. 1. Due to this reason, the Petitioner would
mercilessly beat by the Respondent and threw her
out of the house in the odd hours of the night. The
Respondent  requested the Petitioner numerous
times to take her inside the house as it was the
first day of her monthly menstrual cycle and she
was in immense physical pain still  Petitioner did
not take her inside the house. Somehow the
 Respondent managed to reach Pune at her
maternal home with the help of unknown people.
 
s.   That, after returning to Pune, Respondent’s
family contacted The Petitioner and his family and
they begged them to take the Respondent  back
but they did not ready to accept her. Then
somewhere in the month of May, 2016 the
Respondent  went to her matrimonial home at
Thane but  Petitioner and his family were not
ready to take her back, she waited there for about
6 hours at the door. Thus The Petitioner takes her
inside of the house and told her that he wants a
divorce. But when the Respondent refused to
adhere to his demand for divorce he started
abusing and started kicking and beating up the
Respondent cruelly and strangulated her.
Petitioner also had beaten the Respondent with
belt other Petitioners was present there but none
of them tried to stop The Petitioner for his
inhuman act. The Respondent kept on asking the
Petitioners the reason why they want divorce why
they are compelling her to leave the house upon
which Petitioner started abusing the Respondent
in filthy language and pushed her out of the
house.  Petitioner forcibly dropped the Respondent
at her maternal address.  Petitioner manhandled
the Respondent in front of her family members.
 
t.    That, the Respondent refused to give mutual
consent divorce to Petitioner No. 1.
Therefore, Petitioner filed the present divorce
petition being A- petition 47 of 2017 under section
 13(1)(ia) of Hindu Marriage Act, on various false,
baseless, reckless, and scandalous grounds that
are divorced from truth.

u.  That, the Respondent  is residing at Pune and it

is very difficult for her to travel from Pune to
Thane for attending hearings,  Petitioner willfully
and knowingly filed a divorce petition at Thane,
with the sole intention to harass her as she is not
ready to give divorce. Hence, the Respondent
prefers Petition being No. RC/1362/2018 before
the Hon’ble High Court of Bombay for transfer of
present Divorce petition from Thane to Pune. The
said Petition is pending before the Hon’ble High
Court of Bombay.
 
v.  That, when the  Petitioners came to know about
the above-mentioned transfer  Petition filed in the
Hon’ble High Court of Bombay, they came to the
Respondent’s maternal house and started forcing
the Respondent  to withdraw the said  Petition,
they forced the Respondent  to give mutual
consent divorce and when the Respondent 
refused for the same, they started harassing her,
Petitioner slapped her in front of her family, and
when the Respondent’s brother tried to intervene
Petitioner and 4 beat him mercilessly, due to the
cruel and inhuman act of the  Petitioners other
people are also  started gathering, hence, the
Petitioners left from there.
 
w. That, due to the cruel behavior of The Petitioner
and his family the Respondent fell into depression,
 Petitioners tortured her in every manner, they
used to call her several time a day they
threatened her with dire consequences, due to
continuous pressure and thread by The Petitioner
and his family suffered alot, therefore she could
not followed the said transfer  Petition, which
resulted in the dismissal of the same. Thereafter
on 14.12.2018 Respondent moved Petition being
No. CAO/74/2019 for restoration of the said
transfer Petition, which is duly allowed by the
Hon’ble High Court of Bombay vide order dated
19.11.2019. Hereto annexed and marked as
Exhibit- C is the copy of the order dated
19.11.2019.
 
x.  The Respondent states that The Petitioner and
his family members were spreading rumors
against the Respondent and her sister, they made
the life of the Respondent miserable hence her
mother took her to Gujarat at her relative’s place
for the change but unfortunately Petitioner’s
mother with an accident, and due to immense
pain in her knees she was admitted BITC Super
Speciality Hospital from 02.05.2019 to 09.05.2019
and The Respondent is the only one with her, The
Petitioner was taking care of her mother, at the
entire time she in Gujarat with her mother, she
was in bed rest for more than 6 month. Even at
time also, the Petitioner and his family did not
leave her alone they used to call her pressurized
her for divorce. Hereto annexed and marked as
Exhibit- D is the copies of medical certificates
issued by the hospital.
 
y.  That, when The Petitioner came to know that
the restoration  Petition has been allowed by the
Hon’ble High Court of Bombay.  Petitioner and his
family went  to the Respondent’s native place and
infront of the villagers, they harassed, abused,
and tortured the Respondent’s father and her
relatives, they used various slang which the
Respondent  cannot reproduce the same, further,
they made various accusation on Respondent  and
her family, they said the Respondent  is a
characterless girl, she had various affairs with
others, the Respondent  and her family has no
moral and standard to live in a respectful society,
when the Respondent’s old aged father tried to
stop  the Petitioner he pushed him, which causes
serve injuries on his leg and palm. The Petitioners
warned them that “akhri baar bol rhe hai samjha
do apni beti ko chup chap divorce dede, warna
hume or be khatarnak tarike ate hai”. Thereafter,
they used to call Respondent’s family member and
used to threaten them that “ samjha do apni beti
ko izzat se kaam khatam kare, warna hum or bhi
bahot kuch kar sakte hai”.
 
z.   That, somewhere in the month of November,
2019, Respondent’s father and her sister went to
the  Petitioner’s house for counseling with the
hope to save Respondent’s marriage, but there
also they used most filthy language for
Respondent  and her family member, they said
“hum tumahre jaise bhikhari logo se kuch rishta
nhi rakhna jo apni beti ko khali hath bhej dete ho,
 humare bête ko dusri ladki milgai hai, aap apni
beti ka intezam kar lo” after hearing all this
Respondent’s old aged father was shattered, he
requested them not to do that, it’s about his
daughter’s life but The Petitioner and his family
were not ready to listen to them, they told the
Respondent’s father and sister to leave the house,
and when the Respondent’s sister asked them
about her jewelry and other valuable articles
which were given by the Respondent’s parents
and her relatives at the time of marriage,
Petitioner  said “hum kuch nhi dene wale, itne din
tumhari beti ko rakkha uska kharcha kon dega,
upar se vakil ki fees sab usi se wasool karenge”
and  Petitioners denied to return back
Respondent’s jewelry or other valuable articles.
 
aa.       That, The Petitioner not only harass or
abused the Respondent but also he is trying to
ruin the Respondent’s sister Mrs. Chitra Pardesi
marriage also, Petitioner made various allegations
on Respondent’s sister in front of her in-laws. The
Petitioner and his family are trying to defame the
Respondent  and her other family members, they
used to spread false, reckless, baseless,
scandalous, and cooked stories against the
Respondent  and her family members with the
sole intension to harass and pressurized them to
fulfill their illegal and unethical demands.
 
bb.      That, during the lockdown, the Respondent 
approached The Petitioner and asked him about
maintenance for her medical and daily expenses,
Respondent  told him that being a husband it’s his
duty to maintain his wife, which he refused to do
since marriage, the Respondent  informed him
that, due to lockdown his father is not on work
and she is feeling shameless to ask him for
money, they already did a lot at the time of
marriage and since January, 2017 Respondent  is
residing with her parents, they only bare all her
expenses which is  Petitioner’s  responsibility, the
Respondent asked her. On that  Petitioner slapped
her, on her face, and told her “meri life me ab teri
koi jagha nhi hai, meri life me ab koi or hai, chup
chap divorce de or nikal, warna aese gayab
karunga k kisi ko pata bhi chalega”.  Due to the
inhuman behavior of The Petitioner The
Respondent was shocked, she went to Munchar
police station but due to outburst of noval
coronavirus none of the police officials entertain
her, they said “ghar ka problem hai ghar me he
solve karo” that, on several occasion, the
Respondent approached the police officials
attached to Munchar police station, but none of
them take any action against the  Petitioner.
 
cc.       The Respondent states and submits that since
the very first day of marriage she treated herself
according to the whims of the  Petitioners so as to
enable that The Petitioner would not feel annoyed
and keep pleasant relations with her and while
doing so, she tolerated all the acts of omission
and commission of the  Petitioners, with hope that
on one day, they would come on the right path
and would realize their mistakes. Therefore, she
 never lodged any complaint against The Petitioner
and his family members, she always wanted to
settle the matter.
 
5.  That, The Petitioner filed this present Petition
under section 13(1)(ia) of Hindu Marriage Act, 1955
on various grounds which are dealt by the
Respondent No. 1 in the following paragraphs.

(i) That, the contents of para No. 1 of the

Petition it is true, hence admitted that the
marriage of The Petitioner and the Respondent
solemnized on 14.12.2015 as per Hindu
religion, customs, and Vedic rites and
ceremonies in presence of parents, family
members, relatives, friends, and acquaintance
of both sides at Ganraj Mangal Hall at Manchar,
Taluka Ambegaon, Dist. – Pune.
 
(ii)               That, the contents of para No. 2, of
the Petition are wrong, baseless, hence denied
as alleged, it is wrong and denied that the
expenses of the marriage were borne by both
the families, the Respondent states that the
entire expenses of the marriage were borne by
the Respondents family alone. The Petitioner’s
family did not contribute to the same, despite
of their false assurance. The Respondent further
denied that The Petitioner gave four tolas of
Mangalsutr, a ring of half tolas, one and a half
tolas of Mangalsutra and a pair of silver jewelry.
The Petitioner be put to strict proof thereof. 
The Respondent denied that, The Petitioner or
 his family members gave any indication about
living in a joint family or nuclear family, the
said topic never came forward. The Respondent
states that she never asked The Petitioner to
leave his parents or reside alone with her.
 
(iii)             That, the contents of para No. 3, of
the Petition are wrong, baseless, hence denied
that, the Respondent asked him to go to her
paternal house, the Respondent states that
after marriage apart from rituals she never
demanded to go to her parental house at any
point of time. The Respondent further denied
that since the beginning, she kept demanding
separation. She did not want to live in the
house with her mother-in-law. On several
occasions, she threatened them that she will
commit suicide by writing a letter in the name
of The Petitioner and his family, the Respondent
states that she never demanded separation,
she never intended to leave that house, the
Respondent knows the value of the relations
and family support, she always tried to do
everything to make The Petitioner and his
family happy from her side, she tried her best
to better her relationship with her in-law but
despite her several efforts the Applicant and his
family never accepted her from their heart,
they treated her outsider, they forced her to
bring dowry/ money from her parents
manhandled her for petty issues. The Petitioner
further states that she never threatened the
Petitioner’s and his family by saying she will
 commit suicide and leave suicide note, the
Respondent never had thought of doing
anything mentioned in the alleged petition, it is
pertinent to note if the Respondent wants to
threaten them she would lodge complaints
against them, she would file case under section
498A of IPC or she would file complaint under
Protection of Women from Domestic Violence
Act. But she did not do anything to harass
them. From which appears that the Respondent
always wanted a happy and peaceful marriage
life, she always wants to settle the matter
between parties.
 
(iv)            That the contents of para No. 4, of the
Petition are wrong, baseless, hence denied that
the Respondent was creates controversy by
taking suspicion over his business. the
Respondent states that The Petitioner is in illicit
relationship with one Ms. Varsha Hande,
residing at Shri Swami Samath Mahakali
Apartment, 4th Floor, Lokmaniya Nagar, Thane
( Nearby  Petitioner), used to call  almost 13 to
15 times per day, they also used share obscene
photos and videos of each other.
 
(v)              That, the contents of para No. 5, of the
Petition are wrong, baseless, hence denied that
the Respondent forced The Petitioner to change
her business, or take separate accommodation
from his parents. The Respondent further
denied that she argued or on 21.01.2016 she
took all the clothes and jewellery and left her
matrimonial house. The Respondent states that
before marriage she was informed by the
Respondent and his family members that The
Petitioner is a well-educated person and having
a construction business but after marriage, she
came to know that she was deceived by The
Petitioner and his family members The
Petitioner has no construction business but he
has no hand in the construction business, he
has a mobile repair shop. Further, the
Respondent never demanded separate
accommodation from his parents, The Petitioner
just take lame reasons to lower her image to
get a divorce from her. The Petitioner states
she never left her matrimonial home by her
own wish The Petitioner and his family throw
her out of the house twice, and did not take her
back, despite several efforts taken by the
respondent and her family members, further
her jewelry and valuable articles are in the
custody of the Petitioner’s mother, she refused
to give her back by saying  “hum kuch nhi dene
wale, itne din tumhari beti ko rakkha uska
kharcha kon dega, upar se vakil ki fees sab usi
se wasool karenge”.
 
(vi)             That, the contents of para No. 6, of the
Petition are wrong, baseless, hence denied that
The Petitioner or his family called her parents to
asked them to send the Respondent back to her
matrimonial house, or they came to
Respondent’s paternal home to take her back or
the Respondent and her family members were
insulted them. The Respondent further denied
that she sent a threatening message to his cell
number 8108156798 from 735001953 "I don't
want any of your relatives to come to my
house, otherwise, I will see everyone."  The
Respondent states that on the several occasions
Respondent tried to come back but The
Petitioner or his family members were not
ready to accept her, the Respondent’s parents
pleaded them to take the Respondent back but
The Petitioner denied. That somewhere in the
month of May, 2016 the Respondent  went to
her matrimonial home at Thane but  Petitioner
and his family were not ready to take her back,
she waited there for about 6 hours at the door.
Thus The Petitioner takes her inside of the
house and told her that he wants a divorce. But
when the Respondent refused to adhere to his
demand for divorce he started abusing and
started kicking and beating up the Respondent
cruelly and strangulated her.  Petitioner also
had beaten the Respondent with the belt and
forcibly dumped her at her maternal
address. Petitioner manhandled the Respondent
in front of her family members. Even in the
month of November, 2019 Respondent’s father
and her sister went to the  Petitioner’s house
for counseling with the hope to save
Respondent’s marriage, but there also they
used most filthy language for Respondent  and
her family member, they said “hum tumahre
jaise bhikhari logo se kuch rishta nhi rakhna jo
apni beti ko khali hath bhej dete ho, humare
 bête ko dusri ladki milgai hai, aap apni beti ka
intezam kar lo”.
 
(vii)           That, the contents of para Nos. 7 and 8,
of the  Petition are wrong, baseless, hence
denied that The Petitioner through the
mediation of Mr. Dilip Dhoble, Seema Dhoble
and his parents, The Petitioner tried to settle
the matter or asked her to come back but the
Respondent refused to comeback. The
Respondent further denied that she left her
matrimonial house in just 37 days, the
Respondent further denied that The Petitioner
send a notice dated 10.11.2016 with the
intention to ask her to come back and cohabit
with him. The Respondent states that The
Petitioner never takes any steps to take her
back, contrary he is the one who deserted her,
who throws her out of the house twice, the
Respondent never left her matrimonial house by
her own will she was thrown out of the house
by The Petitioner and his family members in
odd hours of night, the Respondent was
pleaded them to take her back but they did not
show any mercy on her, with no hope The
Petitioner went to her parental house at Pune
with the help of strangers.
 
 
6.  The Respondent states that facts described
hereinabove clearly demonstrate that The Petitioner
has approached before this Hon’ble Court not only
with unclean hands but also suppressed and
 distorted material facts and he has made willfully
and knowingly false and misleading statement in the
petition and therefore, on this ground alone, the
captioned petition filed by him deserves to be
dismissed with exemplary costs.
 
7.  The Respondent states that, from the above fact it
is cleared that, the above the mentioned petition has
been filed by The Petitioner is baseless, none of the
requirement has been complied for getting divorce.
As per the Hindu Marriage Act, the petition of divorce
based on certain grounds which is mentioned in the
Act respectively but the present petition is not based
on any of the ground, it dosen’t comes under the
preview of any of the ground., but from the facts and
records it is clear that the respondent is the victim of
the cruel behavior of The Petitioner and his mother.
 
8.  It is well-settled principle of law that a litigant
must approach the court with clean hands and who
approached the court with unclean hands and by
suppressing and distorting material facts, deserves
to be thrown out from the court at a very threshold.
The Hon’ble Apex Court in the matter of S.P.
Chengalavaraya Naidu Vs. Jagannath – (1994)
1 SCC 1 has held as under:
 
“The courts of law are meant for imparting
justice between the parties. One who comes
to the court, must come with clean hands. We
have no hesitation to say that a person,
who’s case based on falsehood, has no right
 to approach the court he can be summarily
thrown out at any stage of the litigation.”

9.  The Hon’ble Apex Court in the matter of Chandra

Shashi Vs. Anil Kumar Verma – (1995) 1 SCC
421, it has been held as under:
“1.   The stream of administration of justice
has to remain unpolluted so that purity of
Court’s atmosphere may give vitality to all
the organs of the State.  Polluters of judicial
firmament are, therefore, required to be well
taken care of to maintain the sublimity of
Court’s environment; so also to enable it to
administer justice fairly and to the
satisfaction of all concerned.

2.     Anyone who takes recourse to fraud

deflects the course of judicial proceedings; or
if anything is done with oblique motive, the
same interferers with the administration of
justice.  Such persons are required to be
properly dealt with, not only to punish them
for the wrong done, but also to deter others
from indulging in  similar acts which shake
the faith of  people in the system of
administration of justice.

10.             In the facts and circumstances, The Petitioner

is not entitled to any relief and the captioned petition
deserves to be dismissed, with the heavy
compensatory cost. 
  

Thane

This 26th day of November, 2020

 Petitioner

        Advocate for the Petitioner.

 IN TE COURT OF HON’BLE FAMILY COURT JUDGE,
THANE, AT THANE

A PETITION 7 OF 2017

Shri. Abhay Ranganathan Said             ….Petitioner

Versus

Smt. Rupali Abhay Said                       ….Respondent

AFFIDAVIT

I, Rupali Abhay Said, Aged 29 years, Indian

Inhabitant, Residing at: 121/E Dinkar Vartekar, F.C.
Road, 2nd Floor, Opposite to F.C. College, Pune City,
Pune- 411005, the Respondent abovenamed do hereby
state and declare on solemn affirmation as under:

1. I say that, I have filed my written statement on

Divorce Petition filed by the Petitioner abovenamed,
in order to avoid repetition and duplication of the
assertions made in the written the same is treated
as the part and parcel of the present affidavit.

2. I declare that what has been stated hereinabove is

true to my best knowledge.

3. I am making this affidavit to produce before the

Hon'ble Court and/or authority to establish the above
facts.

Whatever I have stated hereinabove is true and correct to

the best of my knowledge and belief.
Solemnly affirmed at Thane, )

This     day of November, 2020        )

Identified, explained, read over to me)

in Hindi and Marathi Language.       )

                                                                                    
                                                                   Affiant

Advocates for the Applicant

 IN TE COURT OF HON’BLE FAMILY COURT JUDGE,
THANE, AT THANE

A PETITION 7 OF 2017

Shri. Abhay Ranganathan Said             ….Petitioner

Versus

Smt. Rupali Abhay Said                       ….Respondent

INDEX

Sr. No. Particulars Pg. No.

1 Written Statement

2. Supporting Affidavit
3. Exhibit- A
Copy of photograph of marriage
4. Exhibit- B
Copy of marriage invitation
cards.
5. Exhibit- C
Copy of the order dated
19.11.2019.
6. Exhibit- D
Copy of medical certificate
issued by the Hospital
7. VAKALATNAMA
TOTAL PAGE
Thane

This 26th day of November, 2020

 Petitioner

        Advocate for the Petitioner.