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IN THE HIGH COURT OF JUDICATURE AT MADRAS

Crl.M.P.No: of 2018
in
Crl.M.P.No: 7385 of 2018
in
Crl.R.C.No. 629 of 2018

1. M.K.Anupriya,
W/O. S.bharath Kumar.

2. Minor B.Pranarubini,
D/O S.Bharath kumar.

3. Minor B.Animithua,
D/o S.Bharth kumar.
… Petitioner/Respondent

Vs

S.Bharath kumar,
S/o late Mr.T. Shanmugam,
No.224/3, Ganga nagar,
Irumbedu post,
Arni Taluk-632317.
… Petititoners/ Respondents

PROOF AFFIDAVIT FILED BY THE 1ST PETITIONER FILED ON

HER BEHALF AND ALSO ON BEHALF OF THE MINOR
CHILDREN/PETITIONERS NO.2 AND 3.

I, M.K. Anu priya,Hindhu,aged about 30 years,

W/o Mr. s. .Bharathkumar, D/o Mr. M .Kasi ,residing at No.27,
Vigneshwara Nagar, Phase –III,Sathuvachari, vellore -9, do here by
solemnly affirm ans states as follows :-

1. I am the 1ST Petitioner herein . I state that for proper

adjudication the entire averments made in my original petition
and documents filed along with it may kindly be read as part
and parcel of this Proof – affidavit .
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2. I state that the Respondent being my husband having

sufficient means he voluntarily and wantonly neglected and
refused to maintain me and my children. The Petitioners
No.2& 3 is my daughters and so also for the respondent
herein . I am filing this affidavit on behalf of the minor
petitioners No.2 & 3 also. I am unable to maintain myself and
also unable to maintain the petitioners No.2 & 3 ,hence I
initiated proceedings against the respondent seeking
maintenance for myself and also on behalf of the minor
petitioners No.2 & 3,who are now aged about 3 years & one
year respectively .My daughters/petitioners No.2 & 3, right
from their birth is under my care and custody and both are
very much affectionate and attached over me and so also me
and my family members .
3. I state that during the month of November 2010,Respondent,
Respondent’s mother –Tmt .s ,Chandra and
Respondent’sister – Tmt. S. Keerthika with her suckling child ,
approached my residence at No.27, vigneshwara nagar,
Phase –III, Sathuvachari, vellore -9. The Respondent and his
family members expressed their first marriage proposal with
my father –Mr. S. Kasi. The Respondent’s mother informed
that her husband – Mr.T.shanmugam was employed as
manager at Tamilnadu ware house corporation ,Arni and due
to sudden illness her husband reported dead in the year 2008.
The Respondent and his mother informed about their family
background and also the educational qualification &
employment details of the Respondent. The Respondent’
sister stated to have married Mr. Stailn in the year 2008 and a
male child name – S. Toyas stated to have been born out of
their wedlock.
4. I state that as per the first information convened by the
Respondent and his mother during November 2010, the
Respondent is a M.E., Graduate and employed as Project
Engineer , HMR Consultants Muscat, Oman and earning
monthly salary of Rs.1,32,000/-(Rupees one lakh thirty-two
thousand only). The Respondent and his mother further
informed that apart from the employment of the Respondent at
HMR Consultants Muscat ,Oman, he owns immovable
properties at Arni which is worth of about several crores of
rupees. The Respondent’s mother informed that she is also
employed as a teacher at government school at Irumbedu,
Arni and drawing monthly salary of more than Rs.60,000/-
(Rupees sixty thousand only).The Respondent and his mother
informed that they are having huge bank balance in a
nationalized banks,Arni which would be adequate for me and
also for the Respondent for leading painless and blissful living.
5. I state that my father also convened his pains to the
Respondent’s mother about the upliftment of the family and
also the fact that hjis only son Mr.Dinesh babu completed –
B.E., (instrumentation) PGD., P.E., and being employed as
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sales & service Engineer at Chennai and her only daughter is

a B.Tech., Graduate (bio –technology ) being employed as
project Engineer at Wipro , Bangalore . My father also
convened to the Respondent’s mother that his family and all
other elders of her family are from a middle –class family who
has great respect over the elders and also to the younger
generation .The Respondent and his family members was
very much interested in solemnization of marriage between
me and the Respondent . The Respondent’s mother hardly –
pressed for early marriage.
6. I stated that my father discussed with the Respondent and his
mother ,regarding marriage ,the Respondent and his family
members demanded ,in excess of 50 soveren of gold jewels
and also House-hold articles worth of more than Rs.2,00,000/-
should be presented at the time of marriage. My father and my
family members accepted for the Respondent and his
daughter should be kept under good atmosphere and her
future will be kept shiny if marriage is solemnized. The
Respondent and his mother promised with my father that my
future will be safe under the love and affection of the
Respondent . My father trusted with the promise made by the
Respondent . In –pursunance of the promise made by the
Respondent,I and my family members gave consent for
marriage , accordingly Betrothal was conducted on 22.05.2011
at hotel Darling Residency which is one among famous Hotel
in Tamilnadu. Betrothal incurred over Rs.2,00,000/- which was
taken care by my father and the Respondent and his family
members are very well aware of the same .
7. I state that in-constitution of the betrothal the Respondent’s
mother fixed the marriage tobe solemnized at ADB Marriage
Hall at Arni. My father and my relatives and the Respondent’s
relatives inspected the ADB Marriage Hall, Arni herein both the
elders of the family found that the proposed Marriage Hall did
not have sufficient accommodation . under these
circumstances ,my father requested the Respondent and her
mother to change the marriage hall at Arni Town itself . The
relatives on both sides expected for a suitable and well
accommodated Marriage hall but well accommodated
marriage hall was not available at Arni Town on that particular
date of marriage .At this juncture, because of non-availability
of well accommodated marriage hall, mu father informed to
the Respondent and also to his mother to change the place of
marriage to vellore or to any other place , thereby my father
promised to take care of the marriage hall expenses but the
Respondent and his family members to keep the marriage at
vellore which would suit convenience for relatives on either
side for easy accommodation . finally the Respondent and his
mother agreed to eep the marriage at vellore ,accordingly as
agreed by my father ,my father paid Rs.25,000/- to the
marriage hall and the marriage between me and the
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Respondent was solemnized on 05.06.2011 at kanna mahal

vellore .The marriage was solemnized as per Hindu rites and
customs . The Marriage was consummated on 05.06.2011.
The marriage solemnized between me and the Respondent is
also registered before the Sub-Register officer,Arni I already
filed mu marriage invitation and marriage Registration
certificate and the same may be read as part and parcel of this
proof –affidavit.
8. I state that my father by borrowing money from third parties
celebrated my marriage. My father spent more than
Rs.15,00,000/- for my marriage .50 sowarans of gold jewels
and house ho;d articles worth of about Rs.2,00,000/- were
presented during the course of my marriage . I already filed
the photographs along with CD regarding the jewels and
house-hold articles presented to me at the time of marriage
and the same may be read as part and parcel of this proof-
affidavit . various models of gold jewels and house-hold
articles worth of several laks of rupees presented to me at the
time of marriage I staken out in alist at the time of marriage
itself , containing five pages is duly signed by the
Respondent‘s brother –in-law -Mr. stalin and the same is
already wit the main petition and the same may be read as
part and parcel of this proof-affidavit .I along with the
Respondent’s mother opened joint Bank account at State
Bank of India, Arni. The gold Jewels and silver articles and all
other articles belonging to me presented at the time of
marriage totaling fifty soveren is kept in the locker at state
Bank of India. Arni.
9. I state that subsequent to my marriage I am not in a position t
avail leave in the company ,hence with loss of pay alone, I
travelled to Muscat with the funds provided by my father and I
stayed with the Respondent for a month at Muscat. The
Respondent informed me that due to his punctual and
hypocritical work the management has not paid salary foe
three consecutive months and the management instructed the
Respondent to resign the job since he is not-sincere in work .
Accordingly, the next day , the Respondent was put out
employment by the management . I alone returned to Arni
during September 2011. The respondent returned to Arni in
the month of October 2011. I continued my employment at
Wipro ,Bangalore and during weel-end I used to arrive to
Arni.During my stay at Arni , with my open eyes, perceived
that the Respondent is addicted to all bad habits whereby I
was put under shock and surprise .The Respondent and his
family members deliberatels suppressed the conduct of the
respondent . The Respondent also informed me that his
mother is form different religion and caste. The Respondent
and his mother and also his relatives used to conduct prayers
in group on every occasion at home . The Respondent’s
mother also insisted me to offer prayer on every occasion but
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I being Hindu cannot be converted into Christain . The

Respondent and his family members deliberately concealed
the above –said facts and solemnized the marriage .