Yogesh Narayan Dhawale vs Aradhana Yogesh Dhawale

2. By the present Writ Petition the challenge is to the legality and validity of the Order dated 4^th May 2024 passed by the learned 8^th Joint Civil Judge, Senior Division, Pune below Exhibit-87 in Marriage Petition No.892 of 2020. By the impugned Order said Application bearing Exhibit-87 filed by the Petitioner seeking to recall Order dated 16^th September 2022 passed below Exhibit-25 in said Marriage Petition No.892 of 2020 is dismissed. By the said Order dated 16^th September 2022 the Petitioner is directed to pay aggregate maintenance of Rs.30,000/- per month to the Respondent and daughter and further directed to pay EMI of the flat.

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3. It is the main submission of Ms. Naina Sharma, learned Counsel appearing for the Petitioner that Petitioner got an employment in a Company Yugabyte Software Pvt. Ltd. with effect from 2^nd August 2021, as per appointment letter dated 29^th May 2021, on gross annual compensation of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only). She submits that, however, within a period of four days i.e. on 6^th August 2021 the Petitioner suffered an accident and therefore he was on medical leave for 2 months. He resumed his service on 1^st October 2021 and he resigned the said job in February 2022. She submitted that as due to his accident the Petitioner could not work properly and therefore he was required to resign the job. She submitted that although the said Yugabite Pvt. Ltd., Company had employed the Petitioner, on salary of Rs.65,00,000/- per annum, now he is employed with Utterwise Technologies Pvt. Ltd. and his monthly salary is Rs.20,000/- per month. She therefore submitted that in view of the change of circumstances, order dated 16^th September 2022 passed by the learned 7^th Joint Civil Judge, Senior Division, Pune below Exhibit-25 in Marriage Petition No.892 of 2020 granting maintenance and directing payment of EMI is required to be set aside and/or modified.

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4. On the other hand, it is the contention of Mr. Amol Jagtap, learned Counsel appearing for the Respondent that the Review Petition seeking review of said Order dated 16^th September 2022 has been filed

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on 30^th June 2023. In the said Review Petition nothing is mentioned about the said accident which had allegedly taken place on 2^nd August 2021. He further submitted that in fact even in the Writ Petition No.13661 of 2024 which has been filed in August 2024 in Paragraph No. XIII contention raised is that due to the immense stress of the ongoing litigation, his performance at work deteriorated, compelling him to resign from his employment with Yugabyte Pvt. Ltd. and subsequently, the Petitioner secured employment with Utterwise albeit company with a significantly reduced monthly salary of Rs.19,800/rendering it exceedingly difficult for him to comply with the maintenance and EMI payment obligations. He submitted that no contention is raised regarding the alleged accident. He therefore submitted that the said reason given of the alleged accident which had allegedly taken place on 6^th August 2021 is either totally false or even assuming that such accident had taken place, the Petitioner’s work has not affected due to the said accident. It is his further submission that during the period from 23^rd February 2021 to 3^rd January 2022 the Petitioner - husband had transferred huge amount of Rs.15,00,000/- to his mother, Rs.19,00,000/- to his brother and Rs.20,00,000/- is withdrawn in cash. He submitted that the same is done to ensure that if order of maintenance is passed, then the same cannot be executed. He therefore submitted that Writ Petition be dismissed with cost.

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5. Before consideration of the rival contentions, it is necessary to set out the relevant factual aspects :-

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(i) The marriage between the Petitioner and Respondent took place on 28^th April 2016.

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(ii) A daughter is born on 20^th March 2017.

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(iii) Since 15^th January 2020 the Petitioner started living separately.

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(iv) Petitioner filed Divorce Petition being Marriage Petition No.892 of 2020 on 11^th September 2020 in the Court of C.J.S.D., Pune at Pune.

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(v) Petitioner got an employment in a Company Yugabyte Software Pvt. Ltd. with effect from 2^nd August 2021 as per appointment letter dated 29^th May 2021, on gross annual compensation of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only).

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(vi) As per the contention of the Petitioner - husband, within 4 days after starting the employment i.e. on 6^th August 2021, the Petitioner suffered an accident and therefore he was on medical leave for 2 months. However, it is admitted position that the Petitioner has been paid full salary even for the said period of 2 months.

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(vii) It is the contention of the Petitioner that the Petitioner resumed his service in Company - Yugabyte Software Pvt. Ltd. on 1^st October 2021 and he resigned the said job in February 2022 as due to said

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accident the Petitioner could not work properly and therefore he was required to resign the job.

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(viii)The documents which have been annexed to the Writ Petition No.8470 of 2023 filed by the Respondent - wife shows that during the period between 9^th January 2021 to 11^th January 2022 the Petitioner - husband had transferred aggregate amount of about Rs.13,00,000/- to his mother and during the period between 25^th August 2021 to 3^rd January 2022 aggregate amount of Rs.17,00,000/- has been transferred to his brother. It is the contention of the Respondent that in addition to the said amount, Rs.20,00,000/- is withdrawn in cash by the Petitioner.

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(ix) On 26^th November 2021 the Respondent - wife filed an Application under Section 23 of the Protection of Women From Domestic Violence Act, 2005 (“ DV Act ”) in said M. P. No.892 of 2020 inter alia seeking maintenance of Rs.2,00,000/- to the Respondent - wife and the daughter.

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(x) In the Reply bearing Exhibit-30 which has been filed by the Petitioner-husband to the Application filed by the Respondent-wife at Exhibit-25 seeking maintenance the said aspect that the Petitioner suffered accident on 6^th August 2021 and therefore ultimately he was required to resign from the job in February 2022 is not mentioned.

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(xi) By Order dated 16^th September 2022 learned Civil Judge, Senior Division, Pune directed the Petitioner to pay aggregate maintenance of Rs.30,000/- per month to the Respondent and daughter and also directed to pay EMI of the flat.

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(xii) The Petitioner filed on 30^th June 2023 Application bearing Exhibit87 in Marriage Petition No.892 of 2020 seeking recall/modification of order dated 16^th September 2022 passed below Exhibit-25. In the said Application (Exhibit-87) following contentions are raised

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in Paragraph Nos.5 to 10 :-

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10½ vtZnkjkps dFku dh] vtZnkj gs l/;k uSjk’kkrwu ckgsj ;s.kslkBh]

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Lor%ps o eqyhps vk;q”; fLFkjLFkkoj dj.ks lkBh [kwi iz;Ru djhr vkgsr- vtZnkj ;kus R;kps vk;q”; uO;kus lq: dj.;kpk fu.kZ; ?ksryk vkgs- R;klkBh vtZnkj ;kaus uohu uksdjh ‘kks/kyh vlwu uqdrsp vtZnkj ;kauk Utterwise Technologies Pvt. Ltd. e/;s Team Mentor ;k inkoj fu;qDrh >kyh vkgs- lnj fBdk.kh vtZnkj gs fnukad 03@07@2023 iklwu :tw gks.kkj vkgsr- lnj fBdk.kh vtZnkj ;kauk 2]40]000@& izfro”kZ v’kk ixkjkph uksdjh feGkyh vkgs- R;kckcrps fu;qDrh i= vkt jksth es- U;k;ky;ke/;s nk[ky dsys vkgs-Þ

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(Emphasis added)

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Thus, what is stated by the Petitioner is that as he suffered depression due to the actions of the Respondent he was required to leave the earlier job and he would be proposing to join services with Utterwise Technologies Pvt. Ltd. on a monthly salary of Rs.20,000/- per month. In any case, what is relevant to note is that the Petitioner has not mentioned in the said Application bearing Exhibit-87 filed on 30^th June 2023 about the alleged accident which had taken place on 6^th August 2021. It is also significant to note that the reason given for resigning the earlier job is totally different and not due to the said alleged accident.

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(xiii)In the additional Affidavit dated 15^th February 2025 filed by the wife in Writ Petition No.8470 of 2023 at Page 405 screen shot of the matrimonial account of the Respondent with remark “Last seen on 15^th November 2023” is produced. The same shows that the Petitioner has inter alia given following information :-

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Rs. 35 - 50 Lakh per Annum

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Awaiting Divorce  Children live separately

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Thus, what is represented by the Petitioner at least till 15^th November 2023 that his annual salary is Rs.35 to 50 Lakhs per annum, when the date of said alleged accident is 6^th August 2021 and as per the case of the Petitioner he resigned from the service with Yugabyte Pvt. Ltd. in February 2022. Thus, it is clear that the case of the Petitioner that he was jobless after February 2022 for considerable period and thereafter he got job having salary of Rs.20,000/- per month is totally false case.

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(xiv)In the Additional Affidavit dated 25^th February 2025 filed by the Petitioner in Contempt Petition No.630 of 2024 the Petitioner has accepted that he had created the said profile at “Jeevansathi.com” and it is contended that the same has been done “as a move on exercising to divert the emotional pain he was experiencing”.

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(xv) The said Application bearing Exhibit-87 in Marriage Petition No.892 of 2020 is rejected by the Order dated 4^th May 2024, which is impugned in this Writ Petition.

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(xvi)The Petitioner filed this Writ Petition No.13661 of 2024 in this Court on 1^st August 2024 challenging legality and validity of said order dated 4^th May 2024 passed below Exhibit-87 in M. P. No.892 of 2022 inter alia raising following contention in Paragraph No. XIII :

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“XIII. The Petitioner states that due to the immense stress of

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the ongoing litigation, his performance at work deteriorated, compelling him to resign from his employment with Yugabite Pvt. Ltd. Subsequently, the Petitioner secured employment with Uttarwise albeit company with a significantly reduced monthly salary of Rs.19,800/- rendering it exceedingly difficult for him to comply with the maintenance and EMI payment obligations as directed by the Hon’ble lower court.”

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(Emphasis added)

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Thus, even on 1^st August 2024 also it is not the Petitioner’s case that he suffered accident on 6^th August 2021 and due to the said accident he ultimately resigned his job with Yugabyte Pvt. Ltd. in February 2022 as he was not able to perform his duty properly.

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(xvii) The Petitioner filed Affidavit in Reply dated 15^th December 2023 in Writ Petition No.8470 of 2023 filed by the wife, however nothing is mentioned about the said alleged accident dated 6^th August 2021 and resignation due to the said accident in February 2022.

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(xviii)The Petitioner for the first time raised the contention in his Affidavit-in-Reply dated 12^th February 2025 filed in Contempt Petition No.630 of 2024. The relevant paragraphs are Paragraph Nos.4 to 6 of the said Affidavit-in-Reply, which read as under :-

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“4. I state that I had filed a Divorce Petition M.P. No. 892 of 2020 seeking divorce from the Petitioner-Wife (Original Respondent) before the Hon’ble Court of Civil Judge Senior Division, Pune.

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I say that I was excited about joining the new job at Yugabyte Pvt Ltd on 2nd August 2021 and to share my happiness I visited the petitioner wife on 1st August

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2021 to meet my daughter. I later came to know that the Petitioner wife filed a false police complaint against me on 1st August 2021. The mental and emotional stress of the false police complaint by the petitioner wife along with the pressure of the new job resulted in a major accident on 6th August 2021 when I was riding a two wheeler.

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I say that due to the accident I suffered severe injuries fracturing my Collar Bone, Ribs and Scapula for which I had to undergone treatment and physiotherapy until December 2021 As such I was on medical leave just within a week of joining the new job, It is noteworthy that given the nature of my job profile of a software developer it involved long hours of working on screen, sitting at a place which I struggled with along with the stress of my ongoing marital dispute and various legal proceedings resulting in my failure to deliver the performance expected of me which would justify the high CTC package I was awarded. Hence though I joined my work back post two months of accident, I could not retain it and was asked to resign or face termination due to non performance. Such termination would further deplete my chances of suitable job opportunities hence I had to choose to resign the job at Yugabyte Pvt Ltd in Feb 2022 , that is just within six months of joining it. Hence I was unemployed when the Hon’ble CJSD Court, Pune, on 16 September 2022 passed an interim order directing me to pay ₹ 30,000 per month as interim maintenance, along with an EMI of ₹ 25,500 towards the jointly owned flat and that such order was passed in view of the income which I had earned for a very short duration. I further affirm that I have complied with court orders to the best of my financial capacity and paid all EMI's amounting to approximately ₹ 10 lakhs until December 2024. Additionally, I have been making regular payments towards maintenance of my wife and child as per my financial condition.”

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(Emphasis added)

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Thus, it is clear that for the first time the said case is made out in

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February 2025 that, due to the actions of the wife, the Petitioner suffered accident on 6^th August 2021 and therefore was required to resign the said job in February 2022.

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6. In view of the said contention raised by the Petitioner, that he suffered an accident on 6^th August 2021 and therefore he was required to resign his job in February 2022 with Yugabyte Pvt. Ltd. as he could not work, the following aspects are very important :-

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(a) In the Reply which has been filed to Exhibit-25 Application filed by the wife seeking maintenance the said aspect is not mentioned.

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(b) The Petitioner filed on 30^th June 2023 Application bearing Exhibit-87 in Marriage Petition No.892 of 2020 seeking recall/modification of order dated 16^th September 2022 passed below Exhibit-25 and in the said Application (Exhibit87) also the same is not mentioned and in fact it is stated that due to depression he left the said job.

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(c) In this Writ Petition No.13661 of 2024 which has been filed in August 2024 in Paragraph No. XIII contention raised is that due to the immense stress of the ongoing litigation, his performance at work deteriorated, compelling him to resign from his employment with Yugabyte Pvt. Ltd. and subsequently, the Petitioner secured employment with

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Utterwise albeit company with a significantly reduced monthly salary of Rs.19,800/- rendering it exceedingly difficult for him to comply with the maintenance and EMI payment obligations.

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(d) In the Affidavit in Reply dated 15^th December 2023 in Writ Petition No.8470 of 2023 filed by the wife, nothing is mentioned about the said alleged accident dated 6^th August 2021 and resignation due to the said accident in February 2022.

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Thus, it is clear that the Petitioner has approached this Court with unclean hands and with totally false case. There is substance in the contention raised by the learned Counsel appearing for the Respondent - wife that the said reason given of the alleged accident which had allegedly taken place on 6^th August 2021 is either totally false or even assuming that such accident had taken place, the Petitioner’s work has not affected due to the said accident.

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7. Perusal of the record clearly shows that the contention regarding the accident has been taken for the first time in the affidavit-in-reply dated 12^th February 2025 filed in the Contempt Petition No.630 of 2024. In any case, perusal of the record shows that although the Review Application (Exhibit-87 in M. P. No.892 of 2020) has been filed on 30^th June 2023 and the said accident allegedly took place on 6^th August

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2021, nothing is mentioned about the same in the said Application as well as in this Writ Petition which has been filed in August 2024.

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8. It is further significant to note that the documents which have been annexed to the Writ Petition No.8470 of 2023 filed by the Respondent - wife shows that the Petitioner - husband had transferred huge amount of Rs.13,00,000/- between 9^th January 2021 to 11^th January 2022 to his mother and Rs.17,00,000/- between 25^th August 2021 to 25^th December 2021 to his brother.

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9. Thus, it is clear that the systematic attempt is made by the Petitioner to ensure that even if any order is passed by the Court granting maintenance, it will be impossible for the wife to execute the same. It is significant to note that the Petitioner - husband is not even ready to pay maintenance to the daughter who is presently 8 years old.

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10. Thus, it is clear that the Petitioner has come with totally false case. It is unbelievable that the Petitioner who is a Software Engineer and working as “Software Developer” and was getting salary of Rs.65,00,000/- per annum i.e. salary of Rs.5,50,000/- per month is now getting salary of Rs.20,000/- per month. Even the biodata uploaded on the matrimonial website also shows that the Petitioner has represented, even after the said alleged accident and resignation of the job allegedy due to the said accident, that he is earning Rs.35 Lakhs to Rs.50 Lakhs per annum.

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11. Thus, it is clear that the Petitioner has not approached this Court with clean hands. The Supreme Court in the decision of S.P. Chengalvaraya Naidu v. Jagannath¹ , has held that it is the duty of every litigant to approach the Court with clean hands. It has been further observed that if a litigant approaches the Court with unclean hands, then his case has to be thrown out immediately out of the Court. It has been observed that the Courts of law are meant for imparting justice between the parties. One who comes to the Court, must come with clean hands. It has been further observed that a person, who’s case is based on falsehood, has no right to approach the Court. He can be summarily thrown out at any stage of the litigation. The observations of the Supreme Court in the decision of S.P. Chengalvaraya (supra) are squarely applicable to the present case.

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12. The Supreme Court in the recent decision dated 17^th March 2025 passed in the case of Auroville Foundation v. Natasha Storey² , has observed in Paragraph No.9 as follows:-

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“ 9. It is no more res integra that the Doctrine of “Clean hands and non-suppression of material facts” is applicable with full force to every proceedings before any judicial forum. The party invoking extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India must come with clean hands and disclose all correct and material facts in his Writ Petition. If it is brought to the notice of the Court that the petition has been guilty of suppression of material and relevant facts or has not come with clean hands,

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1 (1994) 1 SCC 1

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2 2025 SCC OnLine SC 556

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such conduct must be seriously viewed by the courts as the abuse of process of law and the petition must be dismissed on that ground alone without entering into the merits of the matter. ”

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The said above observations of the Supreme Court are also equally applicable to the present case.

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13. Accordingly, Writ Petition is dismissed with cost of Rs.1,00,000/to be paid by the Petitioner to the Respondent - wife within a period of 4 weeks from today.

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[MADHAV J. JAMDAR, J.]

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Yogesh Narayan Dhawale v. Aradhana Yogesh Dhawale

Case brief

What is this about?

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Yogesh Narayan Dhawale v. Aradhana Yogesh Dhawale

Case brief

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