BEFORE THE CIVIL COURT (SENIOR DIVISION)

THANE AT THANE

Marriage Petition No. 9 of 2020

Mr. Shailendra Shantaram Humne ) … Petitioner

Versus

Mrs. Neetu Shailendra Humne ) … Respondent

Application for amendment of Reply filed by the Petitioner to the

Application for interim maintenance filed by the Respondent.

May It Please Your Honour,

The abovenamed Petitioner most respectfully submits that –

1. The Petitioner states that he has filed a present petition against the

Respondent for dissolution of marriage. The respondent has

appeared in this matter and filed her written statement along with

an application for interim maintenance.

2. The Petitioner states that the reply to the application for interim

maintenance was filed by earlier advocate for the Petitioner. In

spite of giving him instruction, inadvertently, certain facts which

are relevant to decide the present application were not

incorporated, added or mentioned in the said reply.

3. The Petitioner states that the Respondent is earning lady and she

has a source of income but she deliberately concealed about this

fact from the court. Every litigants should approach to the court

with clean hands. But, here the respondent has not approached to

the court with clean hands.

4. The Petitioner states that the proposed amendment mentioned in

Schedule hereunder is not allowed to be carried out in reply filed

by the Petitioner then severe harm, hardship and prejudiced will

be caused to the Petitioner and in interest of justice it is necessary

to entertain and decide this application.

5. Therefore, the Petitioner prays that –

1. The Present application for amendment of reply filed by the

Petitioner to application for maintenance may be allowed;

2. The Petitioner may be allowed to carry out amendment in reply

as per schedule – 1 annexed with the application;

3. Any other order in interest of justice be passed.

Date – 01/08/2022

Place – Thane Petitioner

Advocate for the Petitioner

 BEFORE THE CIVIL COURT (SENIOR DIVISION)

THANE AT THANE

Marriage Petition No. 9 of 2020

Mr. Shailendra Shantaram Humne ) … Petitioner

Versus

Mrs. Neetu Shailendra Humne ) … Respondent

AFFIDAVIT IN SUPPORT APPLICATION UNDER ORDER 6

RULE 17 OF CPC

I, Mr. Shailendra Shantaram Humne, Age – __ years, having

address at mentioned in Petition do state and declare on solemn

affirm as under –

1. I say that I have filed an application for amendment to to convert

the petition into mutual divorce petition.

2. I say that contents of the application are read over, explained to

me in English and Hindi and i understood the same.

3. The contents of the said petition may be read as part of this

affidavit and not repeated herein for the sake of brevity.

4. I say that whatever is stated hereinabove is true and correct as per

best of my knowledge and belief.

Thane

Date – 01/08/2022 Petitioner

 VERIFICATION

I, Mr. Shailendra Shantaram Humne, Age – __ years, having

address at mentioned in Petition do state and declare on solemn affirm

that whatever is stated hereinabove is true and correct as per best of my

knowledge and belief.

Thane

Date –01/08/2022 Petitioner

Adv. For Petitioner

 SCHEDULE – 1

(i) Add –

1. The Petitioner states that at presently the Respondent is enjoying

much better life then the Petitioner. The Respondent is living lavish

life. The Respondent is working woman. She has started her own

proprietorship firm under trade/brand name “Saaj Sajja” It is a

proprietorship firm wherein the Respondent is a sole proprietor. The

Respondent’s firm is dealing with manufacturing work of jewellery.

She has also obtained certificate of registration from the Central

sales Tax (Registration and turnover) rules, 1957 bearing tax payer

identification no. 27391405506C, Certificate of Enrolment bearing

enrolment certificate no. 99463045665P, Certificate of Registration

under the Maharashtra Value added tax act, 2002 bearing Tax payer

identification no. 27391405506V. This certificates clearly proves

that the Respondent is a working lady. However, the Respondent

intentionally made false statement in regard to her life style and

status. Every month, The Respondent earns handsome amount but

she has concealed her income from court by making other

arrangement within her family to hide her real income. The

Respondent is an independent lady. She has a source of income but

she concealed this fact from the court. Therefore, it proves that the
 Respondent has approached to the court with unclean hands.

Therefore, she is not entitled for any relief sought by her in said

proceeding.

2. The Petitioner states that just few months before covid-19 i.e. in

ending of year 2019, the Petitioner started working as a freelancing

soft wear developer. Presently, the income and expenditure of the

Petitioner is almost same. The monthly expenditure of Petitioner is

near about Rs. 47,500/- which includes his house as well as office

expenditure, EMI’s to the bank and other expenses. The Petitioner

has voluntarily made payment to the Respondent for herself and

child but despite doing so much for the Respondent, she never

appreciate the Petitioner. On the contrary, by putting false cases on

the Petitioner, she started harassing him in order to get fulfill of her

unlawful demands.