IN THE FAMILY COURT AT KALYAN

M. J. PETITION NO. OF 2021

Mrs. Sarika Sanjay Kharade,

Age: 30 Yrs, Occ: House wife,

Residing at C/-201, Balaji Garden,

Ayre road,

Dombivali East- 421 201. ) …Petitioner

Versus

Mr. Sanjay Shyam Kharade,

Age: 30 Yrs, Occ: Service,

Residing at 10/A Chaitanya Villas society,

DNC road,

Dombivali East- 421201. )

IN THE MATTER OF
HINDU MARRIAGE
ACT UNDER
SECTION 13 (1) (i-a)
OF HINDU
MARRIAGE ACT,
1955

WRITTEN STATEMENT/SAY ON BEHALF OF RESPONDENT TO

filed by the Petitioner in the above captioned Petition (hereinafter

referred to as the said “Petition”).

2. At the very outset, the Respondent denies each and every singular

claims, contentions and allegations made by the Petitioner

hereinabove in the said Petition, which are contrary to and

inconsistent with and the same are blatantly false, devoid of merits

and baseless. Merely because the Respondent may not have

specifically denied any of the claims, contentions and allegations

the same shall not be deemed to be admitted.

3. The Petitioner has not approached this Hon’ble Court with clean hands. The

Petitioner has suppressed and/or misplaced vital material facts which are germane

to the proceedings and as such the Petitioner is guilty of “suppressio veri and

suggestio falsi” as set out hereafter and on this account alone the said Petition

is liable to be dismissed with costs.

4. At the outset, before dealing with the contents of the said Petition,

the Respondent seek to put forth vital aspects pertaining to reliefs

as sought under the said Petition.

5. The Respondent is well educated and Law-abiding citizen.

6 Whether the wife deserted the husband without any justifiable reason

7 It further came to the knowledge of the Respondent that the Petitioner, before

marriage was undergoing treatment for depression which was concealed by the

Petitioner and her family members at the time of marriage.

8 Upon such knowledge the Respondent immediately sought medical treatment and

the Petitioner is under the same till date which the Petitioner has deliberately

concealed in the said Petition and hence the Petitioner has not come before this

Hon’ble Court with clean hands. The said Petition ought to be dismissed on this

ground alone.
9 The Respondent is in employment as an Engineer drawing a salary of 1,00000 rupees

and due to seniority has to work till late night to accomplish the deadlines and targets

advanced by the company.

10 On one such day, the Petitioner quarreled a lot with the Respondent and lodged a

false Police Complaint. The Respondent thereafter apprised the concerned Police

Officer and therefore no action was taken by the Police against the Respondent.

11 The marriage between the Petitioner and the Respondent is an

arranged marriage.

12 At the time of marriage, the Petitioner informed the Respondent

that the Petitioner was working in a corporate legal department

past many years but it was only after marriage it came to the

knowledge of the Respondent that the Petitioner was recently

employed in the job mentioned above. Further it came to

telling lies and conceals lots of things.

13 It further came to the knowledge of the Respondent that the

Petitioner, before marriage was undergoing treatment for mental

depression which was concealed by the Petitioner and her family

members at the time of marriage.

14 Upon such knowledge the Respondent immediately sought medical

treatment and the Petitioner is under the same till date which the

Petitioner has deliberately concealed in the said Petition and hence the

Petitioner has not come before this Hon’ble Court with clean hands.

The said Petition ought to be dismissed on this ground alone.

Hereto annexed and marked as “Exhibit A” is the copy of the the

treatment records and certificate issued by the Doctor.

15 The Respondent is in employment as an Engineer drawing a salary of

Rs.1,00000.and due to seniority has to work till late night to

accomplish the deadlines and targets advanced by the company.

16 The Petitioner is well aware of such targets but, the Petitioner never

trusted the Respondent and always used to allege that the Respondent

was not doing his duty at work but attending late night parties and

getting drunk.

17 Considering the mental condition of the Petitioner, the Respondent did

not argue with the Petitioner for the Petitioner’s own good health. How

much ever the Respondent tried to gain the Petitioner’s confidence,

the Petitioner never trusted the Respondent.

and lodged a false Police Complaint. The Respondent thereafter

apprised the concerned Police Officer and therefore no action was

taken by the Police against the Respondent.

19 In the view of above, the Respondent therefore humbly prays to this

Hon’ble Court that:

a. This Hon’ble Court be pleased to dismiss the above-

mentioned said Petition with exemplary costs.

b. For such further and other reliefs as the nature and

circumstances of the case may require as this Hon’ble Court

deems fit and proper.

Place: Kalyan

Date: 14th May 2021

Advocate for the Respondent Respondent

Mr. Sanjay Sjyam Kharade

I, Mr. Samjay Shyam Kharade, the Respondent above-named, residing at 10/A Chaitanya Villas

society,

DNC road,

Dombivali East- 421201. do hereby solemnly affirm that

what is stated in the forgoing paragraphs of the Written

Statement is true and correct to the best of my knowledge

and belief, save and except legal submissions and I

believe the same to be true.

Solemnly affirmed at Kalyan )

Dated This 14th Day of May, 2021 )

Advocate for the Respondent Respondent

Mr. Sajay Shyam Kharade

Before me