IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Civil Appellate Jurisdiction)

Tr.C.M.P.No. of 2023
In
H.M.O.P.No. 54 of 2022
(Pending on the file of the Subordinate Court, Tiruvottiyur)

R.Nithyapriya
Wife of P.V.Suresh @ Suresh Raju,
No.24-A/45, Ellamuthamman Koil Street,
Pazhavanthangal, Chennai 600114.
…Petitioner

-Versus-

P.V.Suresh @ Suresh Raju,

Son of Vengamaraju,
New No.37/2, Old No.7B/1, Madura Nagar,
Tiruvottiyur, Chennai 600019.
…Respondent

AFFIDAVIT OF R.NITHYAPRIYA

I, R.Nithyapriya Wife of P.V.Suresh @ Suresh Raju, Hindu, residing at No.24-

A/45, Ellamuthamman Koil Street, Pazhavanthangal, Chennai 600114, do
hereby solemnly affirm and sincerely state and submit as follows:-

1. I am the Petitioner herein and the Respondent in H.M.O.P. No.54 of 2022

pending on the file of the Subordinate Court, Tiruvottiyur, Tiruvallur
District and as such I am well acquainted with the facts and
circumstances of the case.

2. I humbly submit that I am hailing from a lower middle-class family, and

my marriage was solemnized on 6th February 2009 at Jain anganayaki
Kalyana Mandapam, Nanganallur, Chennai 600066 and the marriage was
arranged at the instance of their parents. Prior to the Marriage the
 Respondent Parents demanded House Hold utensils and Materials, New
House in the name of the Respondent, Car, 35 sovereigns/pounds gold
jewels, Rs.25,000/- (Rupees Twenty Five Thousand only) for the
Respondent marriage dress, and Cash amount as dowry, and based on the
words of the Respondent’s family persuaded my Parents also agreed to
their demand by believing that I would live with the Respondent happily,
concerning to it my parents accepted and given the same, further to this
my Parent’s made a counter demand that the Respondent should live
together at the house of my Parents, the Respondent accepted the same
and lived with me. After few days out of the Respondent ego and other
cordial problems, the Respondent created physical and mental agony to
me.

3. I submit that due to this aforesaid issues, I also went to in-laws house to
resolve the above said problem, and there the Respondent parents
repeatedly tortured me for an additional dowry of to transfer my Parents
house in the name of the Respondent, but I did not accepted it and due to
that I was sent out of my in-laws house at a mid-night.

4. I submit that after the marriage, due to wedlock between me and the
Respondent, a female child name is Dhisihya was born on 25 th December
2009, and now the child is under my custody.

5. I submit that the marriage life has not been cordial with the Respondent
due to the additional demand of dowry by the Respondent and his Family
from the date on which I went to her in laws house.
6. I submit that the Respondent left me and my child alone from the date of
my Child’s birth as because the additional dowry was not given to the
Respondent.
7. I submit that in the year of 2020, my Parents out of the repeated oral
communication with the Respondent’s Parents for the demand of
additional dowry, I was been permitted into my in-law house on 4 th June
2020 to join the matrimonial life. On the very next day, the Respondent’s
mother committed suicide by hanging by writing a suicide note, and the
suicide note was intentionally destroyed by the Respondent. On 6 th June
2020, the Respondent and his Father again started demanding for the
additional dowry and sent me back to my parental home, in concern to
that I lodged a Police complaint against the Respondent before all women
police station, Ennore but there was no proper action, and after that I
again lodged a complaint against the Respondent, and his Father for the
maintenance of the Child and for additional dowry before all women
police station, Thiruvottiyur, and based on it the Respondent agreed to
provide the monthly maintenance cost to my child but till date the
Respondent have not even spent a single rupee for the educational and
other expenses of my Child.

8. I submit that from 2009 to 2019 and from September 2020 to till date, I
am living separately as because of the said problems. On several
occasions my family elders and well wishers tried to reunite me with the
Respondent. But the Respondent at the behest of his demand of dowry
did not allow me to rejoin the matrimonial home, and also not paid any
expenses and maintenance to me and child. Therefore till date, I am
taking care of my self and my daughter through the earn and support of
my mother.
9. I humbly submit that when I was under the fondant hope that the
respondent would come back repenting for his mistakes, without doing
so, on the ill advice of some body, the respondent had filed a petition
under Section 13(1)(i-a) of Hindu Marriage Act, for divorce with an
intention to avoid paying maintenance to the Plaintiff and for Permanent
separation from the Plaintiff before the Hon’ble Sub Court, Ponneri, and
it has been later transferred to the file of the Hon’ble Sub Court,
Tiruvottiyur, and it is posted for hearing on January 02, 2023. Moreover
the very petition itself is not maintainable under Section 13(1)(i-a) of the
Hindu Marriage Act as there is no cause of action. It is the respondent
who sent out the Petitioner, and created problem as on the demand of
additional dowry therefore the desertion does not exist. Further, it is the
respondent who treated the Petitioner with cruelty in an in humane
manner as narrated above and now the respondent cannot claim divorce
on the ground of cruelty that too after a year when the Petitioner been left
alone. Therefore it has to be effectively contested by the Petitioner to
substantiate her case.

10.I humbly submit that it may not be possible for me to attend the Court at
Tiruvottiyur regularly as I am the only person taking care of my minor
daughter and taking her to school in morning and taking her back to home
by evening is very difficult. Even I don’t have capacity to engage
attenders to help me to take care of my daughter. Further, I fear if I go
there they would attack me and therefore at the cost of my and my
daughter’s life, I should not be made to attend the Court at Tiruvottiyur.
As such the respondent has filed this case in a far off place only to
prevent me from effectively contesting the case. Further, I submit that, I
want to reunite with the respondent, and in that circumstances, I have
filed a Petition under Section 9 of the Hindu Marriage Act for restitution
 of Conjugal Rights and it is number as H.M.O.P.No.494 of 2022, and it is
posted for hearing on March 09, 2023 before the Hon’ble Subordinate
Court of Alandur.

11.Under this circumstances, I have no other option except to approach this

Hon’ble Court to seek to transfer of H.M.O.P. No.54 of 2022 pending on
the file of the Subordinate Court of Tiruvottiyur to the Subordinate Court
of Alandur. The Respondent will in no way be prejudiced if the above
H.M.O.P. No.54 of 2022 is transferred from Tiruvottiyur to Alandur. The
Petitioner would be highly prejudiced and her life would be at danger,
and the Petitioner’s daughter education would be spoiled if the case in
H.M.O.P.No.54 of 2022 pending on the file of the Subordinate Court,
Tiruvottiyur is not transferred to the Subordinate Court of Alandur.
Further in the facts and circumstances of the case it has become necessary
for me to seek stay of all further proceedings of the H.M.O.P.No.54 of
2022 pending on the file of the Subordinate Court of Tiruvottiyur.

I therefore pray that this Hon’ble Court may be pleased to grant stay of all
further proceedings in H.M.O.P.No.54 of 2022 pending on the file of the
Subordinate Court at Tiruvottiyur until pending disposal of the above
Tr.C.M.P. and thus render Justice.

I therefore pray that this Hon’ble Court may be pleased to withdraw the
H.M.O.P.No.54 of 2022 pending on the file of the Subordinate Court of
Tiruvottiyur and transfer the same to the file of the Subordinate Court of
Alandur, and pass such further or other orders that may deem fit in the
circumstances of the case and thus render justice.
 Solemnly affirmed at Chennai Before me,
On this day of January 2023
and signed her name in my presence.
Advocate, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Civil Appellate Jurisdiction)
(Civil Miscellaneous Petition Filed Under Section 151 of the Civil Procedure Code, 1908)

Tr.C.M.P.No. of 2023
In
H.M.O.P.No. 54 of 2022
(Pending on the file of the Subordinate Court, Tiruvottiyur, Tiruvallur.)

R.Nithyapriya
Wife of P.V.Suresh @ Suresh Raju,
No.24-A/45, Ellamuthamman Koil Street,
Pazhavanthangal, Chennai 600114.
…Petitioner/Petitioner/Respondent

-Versus-

P.V.Suresh @ Suresh Raju,

Son of Vengamaraju,
New No.37/2, Old No.7B/1, Madura Nagar,
Tiruvottiyur, Chennai 600019.
…Respondent/Respondent/Petitioner

PETITION TO TRANSFER

For the reasons stated in the accompanying affidavit, it is therefore respectfully

prayed that this Hon’ble Court may be pleased to withdraw the H.M.O.P.No.54
of 2022 pending on the file of the Subordinate Court, Tiruvottiyur and transfer
the same to the file of the Subordinate Court, Alandur, and pass such further or
other orders that may deem fit in the circumstances of the case and thus render
Justice.
Dated at Chennai on this the day of January 2023.

Counsel for Petitioner/Petitioner/Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Civil Appellate Jurisdiction)
(Civil Miscellaneous Petition Filed Under Section 151 of the Civil Procedure Code, 1908)

C.M.P.No. of 2023
in
Tr.C.M.P.No. of 2023
In
H.M.O.P.No. 54 of 2022
(Pending on the file of the Subordinate Court, Tiruvottiyur, Tiruvallur.)

R.Nithyapriya
Wife of P.V.Suresh @ Suresh Raju,
No.24-A/45, Ellamuthamman Koil Street,
Pazhavanthangal, Chennai 600114.
…Petitioner/Petitioner/Respondent
-Versus-
P.V.Suresh @ Suresh Raju,
Son of Vengamaraju,
New No.37/2, Old No.7B/1, Madura Nagar,
Tiruvottiyur, Chennai 600019.
…Respondent/Respondent/Petitioner

STAY PETITION

For the reasons stated in the accompanying affidavit, it is therefore respectfully

prayed that this Hon’ble Court may be pleased to stay all the proceedings of the
H.M.O.P.No.54 of 2022 on the file of the Subordinate Court Tiruvottiyur until
pending disposal of the Transfer Civil Miscellaneous Petition and thus render
Justice.
Dated at Chennai on this the day of January 2023.

Counsel for Petitioner/Petitioner/Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Civil Appellate Jurisdiction)

Tr.C.M.P.No. of 2023
In
H.M.O.P.No. 54 of 2022
(Pending on the file of the Subordinate Court, Tiruvottiyur)

R.Nithyapriya
Wife of P.V.Suresh @ Suresh Raju,
No.24-A/45, Ellamuthamman Koil Street,
Pazhavanthangal, Chennai 600114.
…Petitioner

-Versus-

P.V.Suresh @ Suresh Raju,

Son of Vengamaraju,
New No.37/2, Old No.7B/1, Madura Nagar,
Tiruvottiyur, Chennai 600019.
…Respondent
INDEX TO TYPED SET OF PAPERS

S.No Date Description Page No.

.
1. Aadhar Card of the Petitioner
2. Birth Certificate of the Petitioner’s Daughter
3. Petition on H.M.O.P.No.54 of 2022,
Principal Subordinate Court, Tiruvottiyur
4. Online case status in H.M.O.P.No.54 of
2022
Certified that the above documents are true copies of its originals.

Dated at Chennai on this the day of January 2023.

Counsel for Petitioner