IN THE COURT OF FAMILY JUDGE,

THOOTHUKUDI

H.M.O.P : /2021

L. Velmurugan ………… Petitioner

Vs

K. Karpagavalli ………… Respondent

PETITION FILED UNDER SECTION 13(1)(i), 13(1)(ia), 13(1)(ib) OF HINDU MARRIAGE ACT, 1955

1. Petitioner’s Address:

L. Velmurugan, S/o. Lakshmanaperumal, Hindu, aged 35 years residing at Door. No.9/36, West
Street, Chettimallanpatti Village, Pudhupatti Post, Srivaikundam Taluk , Thoothukudi District.

Address for the service of the summon to the petitioner is the same as stated above and care of his
counsel Mrs.V. Jayalakshmi. B.Sc., LL.B., and Mrs. M. Mehala B.Sc., LL.B, Advocates, No.1016/8, Main
Road(First Floor), Kamaraj Nagar, Palayamkottai, Tirunelveli – 627002.

(2). Respondent’s Address:

K. Karpagavalli, W/o. L. Velmurugan, Hindu, aged 26 years residing at Amman Kovil Street,
Melathattaparai village, Melathattaparai Post, Thoothukudi Taluk, Thoothukudi District.

3. Petitioner submits that he lawfully married the Respondent on 18.03.2013 the petitioner’s
residence at Door. No.9/36, West Street, Chettimallanpatti Village, Pudhupatti Post, Srivaikundam
Taluk , Thoothukudi District, with in the jurisdiction of this honourable Court, in presence of their
parents, friends, relatives and other elder members under Hindu Customs and rites as both are
Hindus.

4 At the time of their marriage, the Respondent’s parents gifted 30 sovereigns of gold ornaments to
the respondent and 3 sovereigns ( Bracelet) to the Petitioner along with household utensils and
other essentials. Neither any form of dowry was demanded or paid nor any money transactions
were held between the parties. All the above mentioned gold ornaments are in the hands of
respondent currently.

5. Out of their wedlock, two children Naveen Lakshmanan, now 7 years old, and Baby Shalini now 6
years old were born to them. The Petitioner was governing the cattle belonging to his father such as
cows, goats and yields only little revenue out of it. He lived with the Respondent, two children in a
house own by his mother.

6. After the birth of second baby the respondent has changed her attitudes towards the petitioner
and started quarrelling with the petitioner for unwanted and petty reasons frequently and
compelled the Petitioner to set up a separate home from the parents of the petitioner. She used
filthy languages towards the respondent and his parents. The petitioner is doing cattle rearing
profession and the respondent has always degraded by pointing out his profession with words and
acts. She instigated the petitioner to seek partition of the family property from his parents . She also
started to compel the petitioner to transfer the title of the share of the petitioner over the family
property particularly a house in which the petitioner lived with the respondent and children. She
coerced the petitioner by saying that if the petitioner failed to transfer the house in her name then
she will commit suicide along with the children.

7. The Respondent is having friendship with many persons and she always used to talk and chat
with them over mobile phone. Some friends of the petitioner have informed him that they saw the
respondent with some unknown persons lonely in the nearby field. But the petitioner has not
believed their words initially and not took the says of his friends seriously. However, one day one
reliable friend of the petitioner namely --- Informed the petitioner that he saw the respondent in a
semi compromise position in a nearby field with one --- The Petitioner got very much annoyed and
advised the respondent to correct herself and to lead a decent life keeping concern over the
children. Despite of several warnings given by the Petitioner to stay away from illegal contacts, all
fell in her deaf ears and she continues her relationship with other men till now. Due to her indecent
behaviour, the petitioner was put into trouble by several men by several ways. He is mentally
worried and his agony is intolerable and un explainable. After the petitioner got contacts with third
persons she also refused to have cohabitation with the petitioner. Whenever he requested the
petitioner for co habitation she abruptly rejected and avoided the petitioners by saying that “ you
ugly cattle man with bad smell, how dare you are to trying to touch me “. Such words of the
respondent towards the petitioner has injured the mind of the petitioner severely and the ashamed
of. Considering the welfare of the children, name of the family and due to shame the petitioner has
not opened his mouth about the above attitudes of the respondent to his lawyer who send legal
notice to the respondent. Now, since there is no other way, with all pain and shame the petitioner
states here all the truth about the respondent.

8. Considering the life and future of the children and to keep the respect of the family, ignoring all
the bad activities of the respondent the petitioner has patiently advised the respondent to rectify
herself and to live with him as a good wife and be a good mother for the children. But, instead
rectifying herself, the respondent has got angry over the petitioner with a revenging mind, she gave
a false complaint against the petitioner to the District Collector, Inspector of police, Pudhukottai
and the Superintendent of Police, Thoothukudi in March 2020.

9. The respondent has demanded in her complaint for separation of family from the old aged
helpless parents of the petitioner and for the share of the Petitioner’s ancestral property and to
lead a separate family life. The complaint raised by the Respondent was inquired by the officials of
Department of Social Welfare and found by them that the allegations in the complaint are all found
false and the demands are baseless. Consequently, The Respondent was warned by the Department
of Social Welfare officials not to quarrel and to lead a happy life with the Petitioner and not creating
any problem further.

10. Despite the advises given by the officials concerned, the Respondent has not satisfied and keep
on fought with the Petitioner with an intention to desert the petitioner and the children to have a
wavered life. She continued the same attitude of having relationship with other men, disrespecting
her In-Laws and the petitioner. The petitioner is a cattle rearing man by profession and used to be
out of home for weeks together to grassing the cattle of his relatives and other owners of goat and
cows. He used to stay in the grassing fields itself in the forests and due to the thinking about the
respondent’s habit of contacting other men for sex with all mental worry. He also worried about the
children and his parents at home during his absence. All these attitudes of the respondent leads the
petitioner sleepless in the grassing field and worried. The mental agony is untold and intolerable .
The acts of the respondent has collapsed the entire life of the petitioner and the children which
nothing but utmost mental cruelty caused by the respondent to the petitioner.

11. And in or about 2019, the Respondent took the minor daughter and left the matrimonial home
for her grandmother’s house at Melathattapparai Village. Her grandmother is a poor old lady who is
not able to maintain herself is also put in to over burden and harassment by the respondent. The
petitioner came to know that the respondent used to left the minor child on the hands of the said
old lady and roaming with un known persons as she wishes. The minor boy child was on the hands of
the Petitioner. The Petitioner and his minor male child are living with his parents and left alone. The
Respondent did not show due care to the minor male child and not worried of his concern.

12. Recently, on 02.05.2021, the Respondent made a complaint to the Pudhukottai Police Station
against the Petitioner demanding share from the petitioner ‘s ancestral property and for the
custody of the minor son. After enquiring on the petition, the Police officials advised her to find
remedy through Court.

13. But without ad hearing the advises of the police officials when the petitioner was in the field for
grassing the cattle after leaving the boy in his parent’s house , the respondent along with her men
associates trespassed in to the houses of the Petitioner by breaking the lock of the door. She
stayed there and threatened the Petitioner to transfer the title of the house in her name and to pay
Rs. 5 lakhs so that she will leave the petitioner once for all.

14. Despite of several miseries, the Petitioner found no other choice to issue a legal notice to the
Respondent on 10.05.2021 for proper settling of the family. Due to shame, welfare of the children
and to keep the respect of the family intact, the petitioner has not informed the facts about the
illegal contacts of the respondent with many men and related facts there on to the counsel who was
instructed to issue the legal notice.

15. On receipt of the notice, instead of reasonable response by reply and despite several past
warnings and advises given by Police and Social Welfare officials, on 21.06.2021, the Respondent
again made a false complaint to the All Women Police Station, Thoothukudi and the Pudhukottai
Police Station and caused serious threats to the Petitioner.
16. Holding the inquiry, on 22.06.2021, one of the police officer from Pudhukottai Police Station
called the Petitioner over mobile, threatened and abused the Petitioner unlawfully. Vexed by the
threats severely, the Petitioner complained to the Superintendant of Police Thoothukudi to take
necessary action for want of relief from the tortures and cruelties caused by the respondent. He also
stated in the petition that the petitioner is intended to seek remedies through court of law.

17. The respondent is still living separately leaving the petitioner and not ready to assume the
matrimonial home to render her matrimonial duties to the husband and the children. As the
Petitioner is a poor cattle rearing man and it is extremely not possible for him to meet out the
expenses by various means and the problems creating by the Respondent, and not to suffer
anymore, seeks this Hon’ble Court for settling the issues.

18. Only oral invitation was offered to the close relatives and friends and no invitation was printed
and circulated for the marriage. Hence the petitioner is not able to file the marriage invitation to
prove the marriage between the petitioner and respondent. The respondent has also not denied the
marriage but at the same time she admitted the petitioner as his complaints and claimed that the
children were born to them out of the lawful wed lock. However, the petitioner is furnishing the
marriage photograph and copies of birth certificates of the children to prove the marriage took place
between the petitioner and the respondent. The petitioner undertakes to produce all the original
documents before this court at the time of trial.

19. The cause of action for this petition arose on 18.03.2013 when the marriage between the
petitioner and respondent took place at chettimallanpatti as per Hindu rites and customs. All the
days the husband and wife lived together at chetttimallanpatti When the first boy and on…..when
the second girl born, and all the days when the respondent having un desirable relationship with
many men, on 08-05-2021 when the respondent trespassed in to the house of the petitioner by
break opening the door along with the men associates of the respondent, on ………when the
respondent gave false complaints to the District Collector Thoothukudi, Pudukkottai Police Station,
on…………. when on the day the Respondent left the matrimonial home , on 02.05.2021 the
Respondent again lodged the complaint against the Petitioner in Pudhukottai Police Station, and on
08.05.2021 the Respondent trespassed the house of the Petitioner, when on 10.05.2021 the
Petitioner sent a legal notice to the Respondent, and on 21.06.2021 when the Respondent gave a
false complaint to All Women Police Station, Thoothukudi, and on 22.06.2021 the Petitioner gave a
complaint and requesting protection from the Superintendent of Police, Thoothukudi within the
jurisdiction of this Honorouble Court and thus filing this petition.

20. The marriage between the petitioner and the respondent took place at Door. No.9/36, West
Street, Chettimallanpatti Village, Pudhupatti Post, Srivaikundam Taluk, Thoothukudi District, situated
within the jurisdiction of this court and also the petitioner and the respondent were lived together at
Door. No.9/36, West Street, Chettimallanpatti Village, Pudhupatti Post, Srivaikundam Taluk
,Thoothukudi District just before the respondent left the petitioner, residence of the Petitioner and
the Respondent are also situated within the limits of Thoothukudi and all are well within the
jurisdiction of this Hon’ble Court and thus this court has got jurisdiction to try the petition.

21. The Petitioner hereby declares and states that no this kind of petition filed on the cause of action
above stated and pending in any court of law and this is the first petition of this kind filed by the
petitioner.
22. The Court fee paid is Rs. __________ under Schedule II, Article II of Tamilnadu Court Fee
and Suit Valuation Act, 1955.

23. In the above narrated facts and circumstances this petitioner humbly prays that this honourable
court may be pleased to pass:

1. A decree for divorce passed in favour of the petitioner

2. Any other relief/reliefs which this Hon’ble Court may be pleased to pass in the interests of
justice and equity.

And thus render justice.

Advocate for Petitioner Petitioner

VERIFICATION

I, L. Velmurugan, the petitioner herein do hereby declare that the facts and
circumstances stated above are true to the best of my knowledge, information and belief and I sign
this the day of 2021 at

Petitioner

List of Documents:

(1). 18-03-2021 Marriage Photograph (Original)

(2). ________ Photocopy of the Birth Certificate of Minor Son, V. Naveen Lakshmanan

(3). ________ Photocopy of the Birth Certificate of Minor Daughter, V. Baby Shalini

(4). ________ Photocopy of Aadhar Card of the Petitioner

(5). 10.05.2021 Xerox Copy of the Legal Notice sent by the Petitioner to the Respondent.

(6). 22.06.2021 Xerox copy of the Complaint to the Commissioner of Police, by the Petitioner.

Petitioner