IN THE COURT OF PRINCIPAL FAMILY JUDGE, CHENNAI

I. A. No. Of 2017

In

O. P. NO. 3789 Of 2016

G. Vasumathi,
D/o C.Chandran,
No.6A, Chetty Street,
Walajabad,
Kanchipuram 631605. Petitioner/ Respondent

Versus

V. Parthiban @ Deepan,
S/o V. Vasudevan,
New.No.15, Old.No.45,
3rd Street, Vishalakshi Nagar,
Ekkatuthangal,
Chennai 600 032. Respondent/ Petitioner

AFFIDAVIT OF THE PETITIONER

I, G. Vasumathi, D/o C.Chandran, Hindu, aged about 37 years, temporarily

residing at No.6A, Chetty Street, Walajabad, Kanchipuram 631605, and also at

New.No.15, Old.No.45, 3rd Street, Vishalakshi Nagar, Ekkatuthangal, Chennai 600

032, do hereby solemnly affirm and sincerely state as follows:-

1. I am the Petitioner herein/ Respondent and as such I am well acquainted with the

facts of the case.

2. I state that the Respondent herein had filed the above Petition in OP.No.3789 Of

2016, on the file of this Honble court seeking dissolution of marriage between the

Parties herein solemnized on 06.07.2015 at Sri Thulasi Mahal, Kanchipuram. I am

contesting the above petitioner by filing my counter. I crave leave of this Honble court to

read the pleadings in the above Petition and counter as part and parcel of this affidavit.

3. I state that the marriage was arranged by my parents in a grand manner by

incurring huge expenditure as demanded by the Respondent herein and his parents.

The Respondents parents demanded gifts of gold ornaments and also hefty dowry of

Rs.10,00,000/- for the marriage. But my parents promised to arrange for the gold

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ornaments before marriage and further promised to arrange for the dowry of

Rs.10,00,000/- immediately after the marriage. As demanded by the Respondent herein

and his parents, I and the Respondent were gifted with 50 and 15 sovereigns of gold

ornaments respectively by my parents at the time of marriage. Immediately after the

marriage, the 50 sovereigns of gold ornaments gifted to me were handed over to the

Respondents parents and the same is in the custody of the Respondent herein and his

family till date.

4. I state that the matrimonial home for the couple was setup at the Respondents

place. Ever since the date of marriage, the marital life of the parties herein was never

smooth, as the Respondent often complains about my dark complexion and further he

refused/ ignored to have any sexual relationship with me on various occasions. Even

when I made any advances, the Respondent herein had ignored the same. The

Respondent herein also often comments that I am unattractive and I can never be a

proper match for him. However, I chose to tolerate the same in the best interest of our

marital life. It is also pertinent to mention that even the Respondent and his parents had

suppressed his actual age and had misrepresented his year of birth as 1978 instead of

1973 in his horoscope given to my parents prior to marriage. The same was found by

me only from the official records of the Respondent herein subsequent to marriage.

However, I chose not to raise any issue over the same and had condoned the acts of

the Respondent herein and his family.

6. I state that after the completion of 2 months, the Respondent and his mother,

demanded Rs.10,00,000/- dowry, which was promised to given by my parents

immediately after the marriage. The said demand of dowry has been made citing the

reason of purchase of new car in the name of the Respondent herein. However I

explained the financial constraints of my father, due to heavy expenditure incurred for

the arrangement of marriage, gifting of gold ornaments etc,. Subsequent to the

explanation tendered by me, the demand for dowry made by Respondent herein and his

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mother soon turned into dowry harassment harassing me. The harassment includes

both verbal abuse and physical abuse by the hands of Respondent herein and his

mother and the same continued for nearly three months. Unable to withstand the

harassment made by the Respondent and his mother, I conveyed the same to my

parents. My parents, on hearing the same, were put to rude shock and disappointment.

In order to resolve the issues, my father immediately obtained loan and tendered a sum

of Rs.5,00,000/- to the Respondent and his mother on 18.02.2016 and thereafter,

sought further time for payment of balance amount.

7. I state that my sister in law namely Thamizharasi often used to visit the

Respondents place and stay for nearly 20 days in a month. It is pertinent to mention

that since June, 2016, the Respondent, his mother and sister in law started to harass

me demanding for the balance dowry amount. The harassment includes threats to my

life by the Respondent. I was ignored, shunned by the Respondents family that

includes refusal to take food cooked by me. Instead the Respondent and his family

members consume food cooked by the tenants in the Respondents property. The said

tenants, taking advantage of the rift between myself and the Respondents family,

occupies the Respondents house and when the same was questioned, I was physically

abused by the Respondent herein.

8. I state that while things remain so, on 04.09.2016, the Respondent herein had

purchased a new car from the funds given by my father. On 11.09.2016, I was asked by

the Respondent and his mother to leave for my maternal home and to return before

Diwali, citing the reason that the Respondent and his mother would observe religious

fasting during the said interregnum period and the same may get offended in the event

of my menstruation. Believing the same, I left the matrimonial home on 12.09.2016 with

a fond hope that I would return before Diwali.

8. I state that as mentioned earlier, the Respondent herein and his mother by

misrepresentation made me to leave my matrimonial home. Subsequently, to my rude

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shock and disappointment, I received court notice in the above mentioned Divorce

proceedings in OP.No.3789 Of 2016. The perusal of the contents of the Petition in the

above mentioned OP.No.3789 Of 2016, startled me and my family members as the

entire contents are utter falsehood, far from truth and made with a malafide intention for

the purpose of the above Petition alone. On 23.10.2016, I along with my family

members visited the Respondents residence for reconciliation and further we sought

explanation for the institution of the above Divorce proceedings, For the same, the

Respondent and his mother casually replied that the Divorce proceedings was instituted

as the balance dowry amount remains unpaid. Adding fuel to the fire, the Respondent

demanded/insisted for the payment of enhanced dowry of another Rs.10,00,000/- and

also demanded for transfer of my share in my fathers property in favour of

Respondents name as consideration for resumption of marital life and withdrawal of

above mentioned OP.No.3789 Of 2016. When my father failed to yield to the above

mentioned exorbitant demand, both I and my family members suffered verbal abuse by

the hands of the Respondents and his family members. Unable to tolerate and

withstand the disgrace and humiliation faced by my family members, I made them to

leave the Respondents residence and she chose to stay back in my matrimonial home

along with my mother. However, the harassment for me continued by the Respondent

and his family members, forcing me to avail legal recourse by lodging criminal complaint

dated 24.10.2016 before All Women Police Station, Guindy. However, the concerned

authorities, in view of the pendency of the present Divorce proceedings, did not proceed

with the complaint. Even, I, hoping for reconciliation of disputes and reunion with the

Respondent, did not pursue the above criminal complaint. I am always willing and eager

to continue my matrimonial relationship with the Respondent. However, for no reasons,

after the above incidents, I was disregarded and shunned by the Respondent and his

family members and they forced me to be confined within the bedroom in my

matrimonial home. The Respondent neither exercises nor allows me to exercise any

conjugal rights, for no reasons. I, despite presence of Respondents and his family

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members, feel lonely, as none of them are even ready to exchange any word with me.

Furthermore, I was neither allowed to cook nor offered food by the Respondent and his

family members in my matrimonial home. The said harassment had caused serious

emotional and mental distress to me making me to leave my marital home and stay

back in my maternal home for the few days in a week. Thus, I am kept running/

wandering between my maternal and marital home only with a fond hope of resumption

of my marital life with Respondent. I and my family would be put to serious prejudice

and untold hardships, unless this Honble court dismisses the above petition for Divorce.

9. I state that I am unemployed and dont have any financial resource or

independent income to support myself and thriving hard to maintain myself. As

mentioned earlier, I was neither allowed to cook nor offered food by the Respondent

and his family members in my matrimonial home. The Respondent herein and his family

members, neither supports mentally, emotionally nor financially. Similarly, as mentioned

earlier, I am kept running/ wandering between my maternal and marital home with a

fond hope of resumption of my marital life with Respondent due to emotional and mental

distress caused by the harassment by the hands of the Respondent and his family.

However, the Respondent herein is employed as Commodity Manager castings in M/s

Emerson Process Management Chennai Private Limited, having office at No.147, Rajiv

Gandhi Salai (OMR), Karapakkam, Chennai -97 and out of the said employment, the

Respondent draws a handsome salary of Rs.1,00,000/- Rupees one Lakh per month.

Despite the same, the Respondent herein chose neither to financially support nor to

maintain me. Further, I am undergoing serious hardships and untold sufferings, in

contesting the above Divorce Petition, without an independent income on my own or

any financial support. In the said circumstances, unless this Honble court directs the

Respondent herein/ Petitioner to pay the Petitioner herein/ Respondent a sum of

Rs.50,000/- (Rupees Fifty Thousand only) towards litigation expenses and a sum of

Rs.25,000/- (Rupees Twnety Five Thousand) every month towards monthly

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maintenance, pending disposal of the above Divorce Petition in OP.No.3789 Of 2016,

as otherwise I will be put to serious hardships and untold hardships.

It is therefore prayed that this Honble court may be pleased to directs the

Respondent herein/ Petitioner to pay the Petitioner herein/ Respondent a sum of

Rs.50,000/- (Rupees Fifty Thousand only) towards litigation expenses and a sum of

Rs.25,000/- (Rupees Twnety Five Thousand) every month towards monthly

maintenance, pending disposal of the above Divorce Petition in OP.No.3789 Of 2016,

and thus render justice.

Solemnly affirmed at Chennai ]

This the day of January, 2017 ] BEFORE ME
And signed her name ]
In my presence ]

ADVOCATE : CHENNAI

6th & Last Page

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 IN THE COURT OF PRINCIPAL FAMILY JUDGE, CHENNAI

I. A. No. Of 2017

In

O. P. NO. 3789 Of 2016

G. Vasumathi,
D/o C.Chandran,
No.6A, Chetty Street,
Walajabad,
Kanchipuram 631605. Petitioner/ Respondent

Versus

V. Parthiban @ Deepan,
S/o V. Vasudevan,
New.No.15, Old.No.45,
3rd Street, Vishalakshi Nagar,
Ekkatuthangal,
Chennai 600 032. Respondent/ Petitioner

PETITION UNDER SECTION 24 OF HINDU MARRIAGE ACT

For the reasons stated in the accompanying affidavit, it is therefore prayed that

this Honble court may be pleased to direct the Respondent herein/ Petitioner to pay the

Petitioner herein/ Respondent a sum of Rs.50,000/- (Rupees Fifty Thousand only)

towards litigation expenses and a sum of Rs.25,000/- (Rupees Twnety Five Thousand)

every month towards monthly maintenance, pending disposal of the above Divorce

Petition in OP.No.3789 Of 2016, and thus render justice.

Dated at Chennai this the day of January, 2017.

RESPONDENT
IN THE COURT OF PRINCIPAL
FAMILY JUDGE, CHENNAI

I. A. No. Of 2017

In

O. P. NO. 3789 Of 2016

G. Vasumathi,
D/o C.Chandran,
No.6A, Chetty Street,
Walajabad,
Kanchipuram 631605.
Petitioner/ Respondent

Versus

V. Parthiban @ Deepan,
S/o V. Vasudevan,
New.No.15, Old.No.45,
3rd Street, Vishalakshi Nagar,
Ekkatuthangal,
Chennai 600 032.
Respondent/ Petitioner

AFFIDAVIT OF THE
PETITIONER

G. VASUMATHI

Party-in-person
PETITIONER/ RESPONDENT
IN THE COURT OF PRINCIPAL
FAMILY JUDGE, CHENNAI

I. A. No. Of 2017

In

O. P. NO. 3789 Of 2016

G. Vasumathi,
D/o C.Chandran,
No.6A, Chetty Street,
Walajabad,
Kanchipuram 631605.
Petitioner/ Respondent

Versus

V. Parthiban @ Deepan,
S/o V. Vasudevan,
New.No.15, Old.No.45,
3rd Street, Vishalakshi Nagar,
Ekkatuthangal,
Chennai 600 032.
Respondent/ Petitioner

PETITION U/S 24 OF HINDU

MARRIAGE ACT

G. VASUMATHI

Party-in-person
PETITIONER/ RESPONDENT