Chinju vs. Siju Divorce
July 18, 2022 | Author: Anonymous | Category: N/A
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1
BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM O.P. No. Petitioner Vs. Respondent
2233
/ 2010
:
Chinchu
:
Siju
AFFIDAVIT I, Chinchu, aged 20 years, D/o. late Mohanan, Mohana Vilasam, Keezhmadu, Keezh madu, Erumathala P.O., Aluva Taluk, Ernaku Ernakulam lam Distri District, ct, Pin-683 112;do hereby solemnly affirmed and state as follows:1. I am the petitioner in the above Original Petition. I know the
facts of the case and I am competent to swear this affidavit. The Th e ab abov ove e O. O.P. P. is for for a de decr cree ee of divo divorc rce e an and d pe perm rman anen entt alimony.
2. I am the the legally wedded wife of tthe he respondent. Our marriage
was sol solemn emnize ized d on 13.1 13.10.2 0.2009 009 at Che Cheera erakkad kkada a Sre Sree e Dur Durga ga Bhagava Bha gavathy thy Tem Temple ple in acco accorda rdance nce wit with h Hin Hindu du rit rites, es, cus custom tom and an d ce cere remo moni nies es.. A so son n was bo born rn on 6.10 6.10.20 .2010 10 in the the sa said id lawful wedlock. The minor child is in my permanent care and custody. 3. I pa pass ssed ed Ci Civi vill Di Dipl plom oma a En Engi gine neer erin ing g fr from om Po Poly ly Te Tech chni niqu que e
College, Colle ge, Kalama Kalamassery ssery wit with h distin distinction. ction. Both we ar are e native natives s of Keezhmadu. Our acquaintance as natives developed into a love affair aff air and cul culmin minate ated d in our mar marria riage ge on 13. 13.10.2 10.2009 009.. Aft After er marriage, we resided at the parental house of the respondent along with his parents. 4. Contrary to expectation and assurance, the respondent and his
parents, especially his mother, behaved in an indifferent and inappropriate manner towards me from the very inception of the marriage. I was wearing 6½ sovereigns of gold ornaments at the time of of wedding wedding.. The re responde spondent nt and his mot mother her were unha un happ ppy y wi with th th the e go gold ld or orna name ment nts s give given n to me an and d th they ey expressed their displeasure over the same by deeds as well as words causing severe dejection to me.
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5. I
be belo long ng
to
Hi Hind ndu u
Vi Vila lakk kkit itha hala la
Na Nair ir
Com ommu muni nitty.
The
respondent’s mother, who is a Hindu Nair, used to ridicule me stating that I am of a lower caste and that the respondent would have got a better alliance from Nair Community itself. The respondent’s mother did not allow me to cook or serve food food..
I was deni denied ed eve even n en entr try y into th the e kitc kitche hen n on ca cast ste e
grounds, by the mother of the respondent. 6. The respondent and his parents subjected me to harassments
and ill-treatments alleging that I did not bring any amount or sufficient suffic ient gol gold d as dowry at tthe he time of of marri marriage. age.
They ha have ve
taken tak en my gol gold d orn orname aments nts,, one after ano anothe ther, r, for their own use, us e, by fo forc rce e an and d fi figh ghtt. Se Seve vera rall time times, s, th the e re resp spon onde dent nt’s ’s moth mo ther er de decla clare red d that that sh she e wi will ll no nott allo allow w me to live live as he herr daug da ught hter er-i -in n-law -law
un unle less ss
I
brou brough ghtt
su suff ffic icie ient nt
do dowr wry y
as
demanded. 7. The respondent and his parents have misappropriated my 6½
sovere sov ereigns igns for the their ir own nee needs ds and re requir quireme ements nts till dat date. e. Despi De spite te that that,, the the respo responde ndent nt an and d his his par paren ents ts co cont ntin inue ued d to harass me to fetch money from my family members as dowry. Seve Se vera rall time times s th the e re resp spon onde dent nt ab abus used ed an and d as assa saul ulte ted d me demanding dowry. The respondent abused and even attempted to attack my mother demanding dowry. 8. While so, I became pregnant. Even during the said period, the
respondent and his mother tortured me, both physically as well as
em emot otio iona nall lly, y,
res esul ulti ting ng in
se seve verre
he heal alth th
ha haza zard rds s
an and d
emotional trauma to me. They have refused to provide proper care ca re an and d me medic dicat atio ion n to me on the the gr grou ound nd of de defic ficie ienc ncy y of dowry. dow ry. Hav Having ing rea realize lized d my pat pathet hetic ic con condit dition ion and mise miserab rable le si situ tuat atio ion, n,
my
brot brothe herr
en enttru rust ste ed
Rs Rs..
50 50,0 ,000 00//-
wi with th
th the e
respondent and his parents in September 2010, hoping against hope, that at least then I would have a happy and peaceful marital life, but in vain. 9. Even thereafter, the respondent and his parents continued to
ill-treat me saying that it was a mistake on their part to agree to the marr marria iage ge wit with h me.
Th The e resp respon onde dent nt,, wh who o is a body
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buil bu ilde der, r, us used ed to ac accu cuse se me stat statin ing g th that at I am no nott sm smar art, t, presentable and unfit to be his wife and that he would have got a more beautiful and worthy lady than me as his wife etc. The respondent and his parents taunted me stating that he would have got a smarter life partner than me and that even now the respondent could get better proposals than me etc. etc. 10. The responde respondent nt is a sadist. He foun found d pleasur pleasure e in abusin abusing g and
accusing accusi ng me in fron frontt of his famil family y member members s and frien friends. ds. The respondent and his parents missed no opportunity to humiliate and defame me and my family members in public. To my utter shock, the respondent used to tell even the bed room incidents and secrets to his parents and friends with an intention to humiliate and ridicule me. 11. The respondent’s parents added fuel to the fire by supporting
and even prompting him to shout at and maltreat me with the ulterior motive of harassing me. The parents of the respondent unne un nece cess ssar aril ily y in inte terf rfer ered ed in ea each ch an and d ev ever ery y pe pers rson onal al an and d private matter of the spouses and deliberately created rifts and misunderstandings between us so as to achieve their sinister goal of separating me and the respondent. 12. The respondent and his parents have done everything possible
to
make my
lif ife e
pa paiinful,
mise serrable
and
hellish
at
my
matrimonial home. I suffered all the cruelties and harassments meted out by the respondent and his parents, hoping that the re resp spon onde dent nt wo woul uld d ch chan ange ge an and d I wo woul uld d ha have ve a ha happ ppy y an and d peaceful marital life. The cruelties and harassments increased day by day. 13. My dail daily y dom domest estic ic life becam became e a con consta stant nt sou source rce of str stress ess,,
strain, tension, anguish and anxiety on account of the acts and dee de eds of the res espo pond nden entt an and d his his fa fami mily ly me memb mbe ers rs.. The respon res ponden dentt has always taunt taunted ed me sta statin ting g tha thatt I am not a person either worth or fit to be his wife. The respondent has ridi ridicu cule led d me sta stati ting ng that that I am inco incompe mpete tent nt to be his his wif wife e causing severe dejection and pain to me.
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14. The respondent and his mother always wanted to dominate
and command me and kept on nagging and harassing me on myriad ways. The respondent has expected me to bow down to hi his s wh whim ims s an and d fanc fancie ies s an and d to obe bey y his his co comm mman and ds an and d perver per version sions s withou withoutt any obj object ection ion..
The res respon ponden dentt and his
people are spreading scandalous remarks against me and my fa famil mily y me membe mbers rs wi with th an in inte tent ntio ion n to ha hara rass ss,, de defa fame me an and d humiliate us in public. 15. Th The e respo respond nden entt an and d hi his s pa pare rent nts s ha have ve co cont ntin inue ued d to ab abus use, e,
accuse,, haras accuse harass, s, illtre illtreat, at, taunt, ridicu ridicule le and humili humiliate ate me with the ulterior ulterior mot motive ive of get gettin ting g mor more e dowr dowry y fro from m my fami family. ly. Having realized that they cannot get anymore amount or gold from me by any means, after having forcefully taken her last remaining, one pair ear rings, in July 2010, at a time when I was seven months pregnant, the respondent has abandoned me at her house. Thereafter, the respondent and his family members have not even enquired about me. 16. I gave birth to the child on 6.10.2010 at Lakshmi Hospital,
Aluva Alu va..
Th The e en enti tire re expe expens nses es for deli delive very ry an and d su subs bseq eque uent nt
treatment treat ment wer were e met by my mo mother ther..
The re responde spondent nt and hi his s
fa famil mily y me memb mber ers s ha have ve no nott sp spen end d any any am amou ount nt towar towards ds the the hospital expenses. Even after delivery, the respondent and his family members continued to harass me as well as the child. 17. Th The e resp respon onde dent nt file filed d fa fals lse e and fr frivo ivolo lous us po polic lice e co comp mplai laint nts s
against me and my mother with an intention to further harass me and the child. The S.I. of Police, Aluva has summoned the parties, and after having convinced my innocence, directed the re resp spon onde dent nt an and d hi his s fa fami mily ly me memb mber ers s to be beha have ve pr prop oper erly ly towards me and my family members, and further directed the respondent and his parents to hand over my gold ornaments and belongings to me forthwith. 18. The 28th day ceremony of the child is not conducted so far due
to the non co-operation on the part of the respondent and his family members. Even though a conciliation talk was held at the residence of the sister of my mother at the initiative of my
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family members, failed due to the adamant and arrogant stand ta take ken n by th the e res espo pon nde dent nt an and d his his fa fami mily ly me mem mbe berrs. The respondent has gone to the extent of threatening my brother duri du ring ng th the e sa said id di disc scus ussi sion on..
Th They ey are are inti intimi mida dati ting ng da dare re
consequence conse quences s in case not he heeded eded to th their eir deman demands. ds. I filed a compl co mplai aint nt to the the Dy Dy.. S.P S.P.. Aluv Aluva a de deta taili iling ng the the crue cruelt ltie ies s an and d hara ha rass ssme ment nts s
in infl flic icte ted d by th the e
re resp spon onde dent nt an and d
hi his s
fa fami mily ly
members towards me and the child, and the investigation is underway. 19. The cohabitation was brought to an end due to the acts and
deeds dee ds of the res respon ponden dentt and his mot mother her.. earnes ear nestt effo efforts rts ma made de by me peacef pea ceful ul
The sin sincer cere e and
and my fam family ily mem member bers s for a
and har harmon moniou ious s famil family y life wer were e faile failed d due to the
adamant, uncooperative, indifferent and hostile attitude of the respondent. The respondent and his family members treated me as a cash point and unpaid servant. The e 20. Th
re resp spo ond nde ent refuse fused d
to
pe perrform form his his
pa part rt of
ma mari rita tall
obligations as a dutiful and responsible husband as well as a father fat her.. The respo responde ndent nt has act acted ed wit with h hat hate, e, con contem tempt pt and vengeance venge ance towards me and the child. The responden respondentt had no love love and aff affec ecti tion on tow towar ards ds me and the chil child. d. ment me ntio ione ned d
ac acts ts,,
de dee eds ds,,
co cond ndu uct
an and d
Th The e abov above e
be beha havi vio our
of
th the e
respondent amounts to cruelty. The marriage is irretrievably broken down beyond any scope for a reunion. 21. The respondent’s temper tantrums, his irrational, incorrigible
and overbearing conduct, abusive and quarrelsome behaviour and character, willful refusal to discharge his part of marital obligations,
greed
for
money,
dowry
harassments,
irresp irr espons onsible ible con conduc ductt and beh behavio aviour, ur, ind indiff iffere erent nt and hos hostil tile e att attitud itude e,
ad adam aman antt
an and d
arro arroga gant nt
na natu ture re,,
ta taun unttin ing g
an and d
humiliating humili ating charac character, ter, delibe deliberate rate manipu manipulation lations, s, crimina criminall and fraud fraudul ulen entt na natu ture re,, et etc. c. ha have ve mad made e it im impo poss ssibl ible e for for me to continue the marital relationship with the respondent. 22. I ha have ve a reas reason onab able le ap appr preh ehe ens nsio ion n in my min ind d tha hatt the
continuation of marital relationship would be injurious, harmful
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and dangerous to me and the child. The aforesaid conduct and behaviour behavi our has adve adversely rsely af affecte fected d my health. The res responden pondentt had ha d ma made de se seve vera rall ti time mes s clea clearr that that he is no nott inte intere rest sted ed to continue with the marital relationship with me and sought for legal
termi min nation
of
marriag iage.
I
de dec cide ided
to
end
my
matrimonial life with the respondent. It will be physically and mentally impossible for me to live along with the respondent any more. The agony and misery she was undergoing were untold. 23. Th The e re resp spon onde dent nt an and d hi his s pa pare rent nts s mi misa sapp ppro ropr pria iate ted d my 6½
sovereigns sover eigns of go gold ld orname ornaments. nts.
They are lliable iable to rreturn eturn tthe he
same forthwith to me. That apart, my life and future is spoiled and an d ru ruin ined ed du due e to th the e afor afores esai aid d cr crue uell ac acts ts an and d mi misd sdee eeds ds commit com mitted ted by the res respon ponden dentt and his fam family ily mem member bers. s. The respondent and his parents are liable to compensate me for the irreparable injury and damage caused to me. I entitled to get permanent alimony from the respondent which is fixed as Rs.10,00,000/- (Rupees Ten lakhs only). 24. The minor child is in my pe permanen rmanentt ca care re a and nd c custody ustody..
I am
residing with my mother in my parental house. The minor child is maintained maintained and looke looked d after by me. I am providing the best care ca re and fac facili iliti ties es to the child. child.
Th The e resp respon onde dent nt is do doin ing g
ever ev eryt ythi hing ng po poss ssib ible le to ki kidn dnap ap th the e ch chil ild. d. Th The e re resp spon onde dent nt threatens me to take forceful custody of the minor child. The permanent custody of the tender child is to be retained with me fo forr hi his s we welf lfar are, e, sa safe fety ty an and d se secur curit ity. y. Th The e re respo spond nden entt is trying to take forceful custody of the child with his political as welll as polic wel police e influ influenc ence. e.
In the ab above ove cir circum cumsta stance nces, s, it is
hi high ghly ly ne nece cess ssar ary y in the the in inte tere rest st of just justice ice to re rest stra rain in the the respon res ponden dentt and his peo people ple fro from; m; ent enteri ering ng int into o my par parent ental al resid residen ence ce Mo Moha hana na Vil Vilas asam am,, Ke Keez ezhm hmad adu, u, Er Erum umat athal hala a P.O P.O., ., Aluva Taluk, Ernakulam District, Pin-683 112; disturbing and interfering with our peaceful living, and taking forceful custody of the min minor or son bor born n on 6.10.2 6.10.2010 010.. I hav have e a str strong ong prim prima a facie case case and the b balance alance of conve convenience nience iis s in my favou favour. r. A separate application is filed for the same, that may be allowed.
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All the facts stated above are true and correct to the best of my knowledge, information and belief. Dated this the 17th day of December, 2010 Deponent : Chinchu Solemnly affirmed and signed before me by the deponent who is personally known to me on this the 17 th day of December, 2010 at my office at Ernakulam.
Adv. Ganesh. G. Pillai
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM I.A. NO. O.P. No.
IN 2233
/ 2010 / 2010
PETITIONER/PETITIONER Chinchu, aged 20 years, D/o. late Mohanan, Mohana Vilasam, Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District, Pin-683 112.
Vs. RESPONDENT/RESPONDENT Siju, aged 28 years, S/o. Karunakaran, Arippath House,
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Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District, Pin-683 112. PETITION FILED UNDER 0.39.R1 0.39.R1 & 2 & SECTION 151 OF CIVIL PROCEDURE CODE
For the reasons stated in the accompanying affidavit, it is humbly pr pray ayed ed th that at th this is Ho Hon’ n’bl ble e Co Cour urtt ma may y be plea please sed d to re rest stra rain in th the e respondent and his people from:-
(a)
enteri ent ering ng int into o the pet petiti itione oner’s r’s par parent ental al res reside idence nce Moh Mohana ana Vi Vila lasa sam, m,
Ke Keez ezhm hmad adu, u,
Erna Ernaku kula lam m
Di Dist stri rict ct,,
Erum Erumat atha hala la
PinPin-68 683 3
11 112 2
P.O. P.O.,, an and d
Al Aluv uva a
Ta Talu luk, k,
dist distur urbi bing ng
an and d
interfering with their peaceful living and;
(b)
taking forceful custody of the minor son born on 6.10.2010. Dated this the 17th day of December, 2010 Petitioner : Chinchu
Pres ented On : 17.12.2010
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM I.A. No. in O.P. No. 2233
of 2010 / 2010
Petitioner/Petitioner Chinchu Vs. Respondent/Respondent
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Siju
INJUNCTION PETITION
Petitioner: Chinchu
BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM
O.P. No.
/2010
PETITIONER Chinchu, aged 20 years, D/o. late Mohanan, Mohana Vilasam, Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District, Pin-683 112.
Vs. RESPONDENT Siju, aged 28 years, S/o. Karunakaran, Arippath House, Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District, Pin-683 112.
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PETIT ION FILED PETITION FI LED UNDER UN DER SECTION SE CTIONS S 13 (1) ( 1) ( ia) AND SECTI S ECTION ON 25 OF THE HINDU MARRIAGE ACT, 1955 AND SECTION 7 (1) EXPLANATION (a) OF THE FAMILY COURTS ACT, 1984 1. The petitioner is the legally wedded wife of the respondent. Their
marria mar riage ge was sol solemn emnize ized d on 13. 13.10. 10.200 2009 9 at Che Cheera erakkad kkada a Sre Sree e Durga Bhagavathy Temple in accordance with Hindu rites, custom and ceremonies. A son was born on 6.10.2010 in the said lawful wedlock.. The minor child is in the permanent care and custody of wedlock the petitioner. 2. The The
peti pe titi tion oner er pa pass ssed ed Ci Civi vill Di Dipl plom oma a En Engi gine neer erin ing g
Techn Te chniq ique ue Colleg College, e, Kalama Kalamass sser ery y wit with h di dist stin inct ctio ion. n.
from fr om Po Poly ly Both Bo th th the e
petitioner and the respondent are natives of Keezhmadu. Their acqu ac quai aint ntan ance ce as
nattiv na ive es
deve de velo lope ped d
intto in
a
love lo ve af affa fair ir an and d
culminated in their marriage on 13.10.2009. After marriage, the spouses resided at the parental house of the respondent along with his parents. 3. Contrary to expectation and assurance, the respondent and his
parent par ents, s, esp especi eciall ally y his mot mother her,, beh behave aved d in an ind indiffe ifferen rentt and inapp ina ppro ropr pria iate te ma mann nner er to towa ward rds s th the e pe peti titi tion oner er fr from om th the e ve very ry incep inc epti tion on of th the e mar marri riage age..
The Th e pe peti titi tion oner er was weari wearing ng 6½
sover sov erei eign gns s of gold gold or orna name ment nts s at the time time of weddin wedding. g.
The Th e
resp spo ondent
golld go
and
his
mother
werre we
unhappy
witth wi
the
orna or name ment nts s gi give ven n to th the e pe peti titi tion oner er an and d th they ey ex expr pres esse sed d th thei eirr displeasure over the same by deeds as well as words causing severe dejection to the petitioner. 4. The petitioner belongs to Hindu Vilakkithala Nair Community. The
respondent’s mother, who is a Hindu Nair, used to ridicule the petitioner stating that the petitioner is of a lower caste and that the th e re resp spon onde dent nt wo woul uld d ha have ve go gott a be bett tter er al alli lian ance ce fr from om Na Nair ir Commun Com munity ity itself itself..
The respon responden dent’s t’s mother mother did not allow allow the
petitioner petiti oner to cook or serve serve food. The petitione petitionerr was denied even even entry into the kitchen on caste grounds, by the mother of the respondent.
11
resp spon onde dent nt an and d hi his s pa pare rent nts s su subje bject cted ed th the e pe peti titi tion oner er to 5. The The re harassments and ill-treatments alleging that she did not bring any amount or sufficient gold as dowry at the time of marriage. They have ha ve ta take ken n th the e go gold ld or orna name ment nts s of th the e pe peti titi tion oner er,, on one e af afte terr another, for their own use, by force and fight. Several times, the respondent’s mother declared that she will not allow the petitioner to live as her daughter-in-law unless she brought sufficient dowry as demanded. The 6. The
resp re spon onde dent nt an and d hi his s pa pare rent nts s ha have ve mi misa sapp ppro ropr pria iate ted d
6½
sovereigns of the petitioner for their own needs and requirements till date. Despit Despite e that, the responden respondentt and his parents parents continued continued to harass the petitioner to fetch money from her family members as dowry. Several times the respondent abused and assaulted the petiti pet itione onerr dem demandi anding ng dow dowry. ry. The res respon ponden dentt abu abused sed and eve even n attempt atte mpted ed to at atta tack ck th the e mo moth ther er of th the e pe peti titi tion oner er de deman mandi ding ng dowry. 7. While so, the the petitioner petitioner became became pregnant. pregnant. Even during during the said
period per iod,, the res respon ponden dentt and his mot mother her tor tortur tured ed the pet petiti itione oner, r, both physically as well as emotionally, resulting in severe health hazar ha zards ds an and d em emot otio iona nall tr trau auma ma to th the e pe peti titi tion oner er.. Th They ey hav have e refused to provide proper care and medication to the petitioner on the ground of deficiency of dowry. Having realized the pathetic condition and miserable situation of the petitioner, her brother entrusted Rs. 50,000/- with the respondent and his parents in Sept Se ptem embe berr 20 2010 10,, ho hopi ping ng ag again ainst st ho hope pe,, th that at at atle leas astt th then en th the e petitioner would have a happy and peaceful marital life, but in vain. 8. Even thereafter, the respondent and his parents continued to ill-
treat the petitioner saying that it was a mistake on their part to agree to the marriage with the petitioner. The respondent, who is a body builder, used to accuse the petitioner stating that she is not smart, presentable presentable and unfit to be his wife and that he would have got a more beautiful and worthy lady than the petitioner as his wi his wife fe et etc. c. Th The e res espo pond nden entt an and d his pa parrent nts s ta taun untted th the e petitioner stating that he would have got a smarter life partner
12
than the petitioner and that even now the respondent could get better proposals than her etc. etc. 9. The respo responde ndent nt is a sad sadist ist..
He found found pleasur pleasure e in abusing abusing and
accusing the petitioner in front of his family members and friends. The Th e re resp spon onde dent nt an and d hi his s pa pare rent nts s mi miss ssed ed no op oppo port rtun unit ity y to humiliate and defame the petitioner and her family members in public. To the utter shock of the petitioner, the respondent used to tell even the bed room incidents and secrets to his parents and friends with an intention to humiliate humili ate and ridicule the petitioner. 10. The respondent’s parents added fuel to the fire by supporting and
even prompting him to shout at and maltreat the petitioner with the ulterior motive of harassing the petitioner. The parents of the respondent unnecessarily interfered in each and every personal and private matter of the spouses and deliberately created rifts and an d mi misu sunde nders rsta tand ndin ings gs be betw twee een n th them em so as to ach achie ieve ve th thei eirr sinister goal of separating the petitioner and the respondent. 11. The respondent and his parents have done everything possible to
make the life of the petitioner painful, miserable and hellish at her matrimonial home. The petitioner has suffered all the cruelties and harassments meted out by the respondent and his parents, hoping that the respondent would change and she would have a happy and peaceful marital life. The cruelties and harassments increased day by day. 12. The daily domestic life of the petitioner became a constant source
of stress, strain, tension, anguish and anxiety on account of the acts and deeds of the respondent and his family members. The respondent has always taunted the petitioner stating that she is not a person either worth or fit to be his wife. The respondent has ridiculed the petitioner stating that she is incompetent to be his wife causing severe dejection and pain to the petitioner. 13. The respondent and his mother always wanted to dominate and
command the petitioner and kept on nagging and harassing the peti pe titi tion oner er on myr myriad iad wa ways. ys. Th The e re respo spond nden entt ha has s ex expe pect cted ed th the e
13
petitioner to bow down to his whims and fancies and to obey his comm co mman ands ds
and an d
perv pe rver ersi sion ons s
with wi thou outt
any an y
obj bje ect ctio ion. n.
The Th e
respon res ponden dentt and his peo people ple are spr spread eading ing sca scanda ndalou lous s rem remark arks s against the petitioner and her family members with an intention to harass, defame and humiliate them in public. 14. The respondent and his parents have continued to abuse, accuse,
harass, illtreat, taunt, ridicule and humiliate the petitioner with the ulterior motive of getting more dowry from the family of the petitioner. Having realized that they cannot get anymore amount or gold from the petitioner by any means, after having forcefully taken her last remaining, one pair ear rings, in July 2010, at a time ti me wh when en th the e pe peti titi tion oner er wa was s se seve ven n mo mont nths hs pr preg egna nant nt,, th the e resp spo ondent
has
abandoned
t he
pettitioner pe
at
her
house.
Thereafter, the respondent and his family members have not even enquired about the petitioner. 15. The petitioner gave birth to the child on 6.10.2010 at Lakshmi
Hospital, Aluva. The entire expenses for delivery and subsequent trea tr eatm tmen entt we were re met by th the e mo moth ther er of th the e pe peti titi tion oner er..
The Th e
respondent and his family members have not spend any amount towa to ward rds s
the th e
hosp ho spit ital al
expe ex pens nses es..
Even Ev en
afte af terr
deli de live very ry,,
the th e
respo re spond nden entt an and d hi his s fa fami mily ly me memb mber ers s co cont ntin inue ued d to ha hara rass ss th the e petitioner as well as the child. 16. The respondent respondent filed false and frivolo frivolous us police compla complaints ints against
the petitioner and her mother with an intention to further harass the th e pe pettit itio ione nerr an and d th the e ch chil ild. d. Th The e S. S.I. I. of Po Poli lice ce,, Al Aluv uva a ha has s summoned summon ed the partie parties, s, and after having convinced convinced the innocence of the petitioner, directed the respondent and his family members to be beha have ve pr prop ope erly to towa ward rds s
the pe peti titi tion one er
and an d he herr
fami fa mily ly
members, and further directed the respondent and his parents to hand over her gold ornaments and belongings to the petitioner forthwith. 17. The 28th day ceremony of the child is not conducted so far due to
the non co-operation on the part of the respondent and his family memb me mber ers. s. Ev Even en th thou ough gh a co conc ncil ilia iati tion on ta talk lk wa was s he held ld at th the e
14
resid ence ce of th the e si sist ster er of th the e mo moth ther er of th the e pe peti titi tion oner er at th the e residen initiative of her family members, failed due to the adamant and arrogant arroga nt stand taken by the respondent respondent and his family members. The respondent has gone to the extent of threatening the brother of the petitioner during the said discussion. They are intimidating dare dar e conseque consequence nces s in cas case e not heeded heeded to their their demands demands..
The
petitioner has filed a complaint to the Dy. S.P. Aluva detailing the cruelt cru elties ies and har harass assmen ments ts inf inflict licted ed by the res respon ponden dentt and his family members towards her and the child, and the investigation is underway. 18. The cohabitation was brought to an end due to the acts and deeds
of the respo respond nden entt an and d hi his s mo moth ther er..
The Th e si since ncere re and earne earnest st
effo ef fort rts s ma made de by th the e pe peti titi tion oner er an and d he herr fa fami mily ly me membe mbers rs fo forr a peace pe acefu full
and an d ha harm rmon onio ious us family family life life we were re faile failed d du due e to the
adamant,, unc adamant uncoop oopera erative tive,, ind indiff iffere erent nt and hos hostil tile e att attitu itude de of the respondent. The respondent and his family members treated the petitioner as a cash point and unpaid servant. resp spon onde dent nt ha has s re refu fuse sed d to pe perf rfor orm m hi his s pa part rt of ma mari rita tall The re 19. The obli ob ligat gatio ions ns as a du duti tifu full an and d re resp spon onsi sible ble hu husba sband nd as we well ll as a fath fa ther er.. Th The e re resp spon onde dent nt ha has s ac acte ted d wi with th ha hate te,, co cont ntem empt pt an and d vengeance towards the petitioner and the child. The respondent had no love and affection towards the petitioner and the child. The above mentioned acts, deeds, conduct and behaviour of the respo re spond nden entt am amou ount nts s to cr crue uelt lty. y. Th The e ma marr rria iage ge is ir irre retr trie ievab vably ly broken down beyond any scope for a reunion. 20. The respondent’s temper tantrums, his irrational, incorrigible and
overbe ove rbeari aring ng con conduc duct, t, abu abusive sive and quar quarrel relsom some e beh behavio aviour ur and char ch arac acte ter, r,
will wi llfu full
ref efus usal al
to
disc di scha harg rge e
his
part pa rt
of
mari ma rita tall
obligations, greed for money, dowry harassments, irresponsible conduct and behaviour, indifferent and hostile attitude, adamant and an d
arro ar roga gant nt
natu na ture re,,
taun ta unti ting ng
and an d
humi hu mili liat atin ing g
char ch arac acte ter, r,
delibe del iberat rate e man manipu ipulat lation ions, s, cri crimina minall and fra fraudu udulen lentt nat nature ure,, etc etc.. have made it impossible for the petitioner to continue the marital relationship with the respondent.
15
21. The petitioner has a reasonable apprehension in her mind that the
continuation continu ation of marit marital al relat relationshi ionship p would be injuri injurious, ous, harmful and dangerous to her and the child. The aforesaid conduct and behaviour has adversely adversely affected the health of the petitioner. The respondent had made several times clear that he is not interested to continue with the marital relationship with the petitioner and sought sou ght for legal legal termin terminati ation on of marriage marriage..
The petitio petitioner ner has
decided to end her matrimonial life with the respondent. It will be physically and mentally impossible for her to live along with the respondent any more. The agony and misery she was undergoing were untold. 22. The respondent and his parents misappropriated 6 ½ sovereigns
of gold ornaments ornaments of the petitioner. They are liable to return the same forthwith to the petitioner. That apart, the life and future of the petitioner is spoiled and ruined due to the aforesaid cruel acts and an d mi misd sdee eeds ds co comm mmit itte ted d by th the e re resp spon onde dent nt an and d hi his s fa fami mily ly mem me mbers.
T he
resp spo ondent
and
his
parents
are
lia li abl ble e
to
compensate the petitioner for the irreparable injury and damage cause cau sed d to her. her.
The Th e pe peti titi tion oner er is en enti titl tled ed to ge gett pe perm rman anen entt
alimony alim ony fro from m the responden respondentt whi which ch is fix fixed ed as Rs. Rs.10,0 10,00,0 0,000/00/(Rupees Ten lakhs only). 23.
There is no no co collu lus sio ion n or or con conniva van nce bet between the the par partties in
filing this petition. There is no improper delay in instituting this proc pr ocee eedin ding. g. Th The e pe peti titi tion oner er ha has s no nott fi file led d an any y ot othe herr or si simil milar ar petition for the same relief. There is no other legal ground why the reliefs sought in the original petition should not be granted to the petitioner.
ctio ion n for this case arose on 13.10.2 .20 009 at 24. The cause of act Cheerakkada Sree Durga Bhagavathy Temple where the marriage between the petitioner and the respondent was solemnized as per Hind Hi ndu u
rite ri tes, s,
cust cu stom om
and an d
cere ce remo moni nies es,,
ther th erea eaft fter er
when wh en
the th e
respondent and his family members have subjected the petitioner to matrimonial cruelties ad harassments on various occasions, in July 2010 when the respondent has abandoned the petitioner at
16
her house at Keezhmadu where the marriage was solemnized and parties have last resided together within the jurisdiction of this Hon’ble Court.
Hence it is most humbly prayed that this Hon’ble Court may be pleaded to:
(A) Pass Pass a de decr cree ee of di divo vorc rce e re reso solv lvin ing g th the e ma marr rria iage ge be betw twee een n th the e
petitioner an the respondent solemnized on 13.10.2009.
(B) Pass a judgment and decree directing the respondent to pay Rs.
10,00,000/- (Rupees Ten Lakhs only) to the petitioner as permanent alimony. (C) Allow the petitioner to recover her entire cost from the respondent
and
(D)) (D
Pass Pas s such such other other relie reliefs, fs, as as this this Hon’ Hon’ble ble Cou Court rt may may deem deem fit and and
necessary to meet the ends of justice.
Petitioner: Chinchu
VERIFICATION
I, Ch Chin inch chu, u, ag aged ed 20 ye year ars, s, D/ D/o. o. la late te Mo Moha hana nan, n, Mo Moha hana na Vi Vila lasa sam, m, Keezhmadu, Keezh madu, Erumathala P.O., Aluva Taluk, Ernaku Ernakulam lam Distri District, ct, Pin-683 112, 11 2, do he here reby by de decl clar are e th that at al alll wh what at is st stat ated ed ab above ove are tr true ue an and d correct to the best of my knowledge, information and belief.
Dated this the 7th day of December, 2010.
Petitioner: Chinchu
17
Presented On : 7.12.2010
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM
O.P.No.
/2010
Petitioner Chinchu Vs. Respondent
Siju
PETITION FILED UNDER SECTIO SEC TIONS NS 13 (1 (1) ) ( ia ) AND A ND SECTION 25 OF THE HINDU MARRIAGE ACT, 1955 AND SECTION 7 (1) EXPLANATION (a) OF THE FAMILY COURTS ACT, 1984
18
Petitioner : Chinchu
Form No.1 (See Rule.5) IN THE FAMILY COURT OF ERNAKULAM O.P.No. 1462 of 2010 Petitioner Chinchu Vs.. Respondents
Siju
Siju,, ag Siju aged ed 28 ye year ars, s, S/ S/o. o. Ka Karu runa naka kara ran, n, Ar Arip ippa path th Ho Hous use, e, Ke Keez ezhm hmad adu, u, Erumathala P.O., Aluva Taluk, Ernakulam District,Pin-683 112. – respondent. WHEREAS the above named petitioner has instituted a petition against you, as set out in the petition (annex the petition) You are hereby required to file in this court an appearance appearance in perso person n or a Vakalathnama within 3 week from the service of this summons upon you. AND WHEREAS the suit will be placed for directions on the board of the judge of the ……………………..day of ……………….200 You are hereby summoned to appear before the judge to answer the petitioner’s claim on the said ……………….day of ……………at 11’O’ clock in the forenoon. Take notice that on the day before mentioned after hearing parties who appear directions will be given by the judge as to the date of hearing before a counsel of the Family Court and other matters concerning the petition. Take further notice that if you fail to file your appearance in person or vakalathnma as directed above, or if you fail to appear before the judge on the day before mentioned the petition may be ordered to be set do on Board on the same day or any subsequent day as ‘undefended’ and you will be liable to have a decree or order passed against you. Witness……………………………………………… Witness………………………… …………………………………………… ………………………………….Principal ………….Principal Judge at…………………………………………………………………………………………aforesaid, this……………………….day of ………………………………………….2010 Seal Chief Ministerial Officer The …………………… ……………………..day ..day of ……………2010
19
Petitioner : Chinchu, aged 20 years, D/o. late Mohanan, Mohana Vilasam, Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District,Pin-683 112
Presented On : 7.12.2010
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM
O.P.No.
1462
/2010
Petitioner Chinchu Vs..
Respondent Siju
NOTICE TO THE RESPONDENT
20
Petitioner : Chinchu
BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM
O.P.No.
of 2010
Petitioner
Chinchu Vs..
Respondent
Siju
PROCESS MEMO
It is mo most st hu humb mbly ly su subm bmit itte ted d th that at th the e pe peti titi tion oner er is pr prod oduc ucin ing g herewith the process court fee for Rs.12.50, Courier Cover notice form 1+1 for sending notice to the respondent by Courier Service.
Dated this the 7th day of December, 2010.
Petitioner : Chinchu
21
Presented On : 7.12.2010
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM
O.P.No.
/2010
Petitioner Chinchu Vs. Respondent Siju
PROCESS MEMO
22
Petitioner : Chinchu
BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM O.P. No. Petitioner Vs. Respondent
: :
1462
/ 2010
Chinchu Siju
AFFIDAVIT I, Ch Chin inch chu, u, age aged d 26 ye year ars, s, D/o D/o.. Ra Raja jan, n, 20 200 0 Ac Acre re Mi Mill llum umpa padi di Junct Jun ctio ion, n,
Adimal Adi maly y
Vill Vi llage age,,
Devik De vikul ulam am
Talu Ta luk.; k.;do do
here he reby by
sole so lemn mnly ly
affirmed and state as follows:1. I am the petitioner in the above Original Petition. I know the
facts of the case and I am competent to swear this affidavit. The above O.P. is for a decree of nullity of marriage. 2. It is submitted that the respondent is working as Senior RMO
in Black Town Hospital at Sidney, Australia. Australia. I had taken steps for service of notice upon the respondent respondent in his home address at North Paravur under the bonafi bonafide de belief that he is availab available le at his paren parenta tall re resid siden ence ce..
Now No w it is un unde ders rsto tood od that that th the e
respo re spond nden entt ha has s ha hast stily ily re retu turn rned ed to his wo work rk pla place ce wi with th an intention to evade receipt of notice from this Hon’ble Court. Court. If notice from this Hon’ble Court is sent to the respondent by India Post, the acknowledgement card evidencing the receipt of notice will not be returned, since as per the practice there at Australia, the postal articles will be deposited in the post box. Therefore it is highly necessary in the interest of justice to perrmi pe mitt me to tak ake e ou outt not otic ice e to th the e re resp spon onde dent nt in hi his s reside res identi ntial al addr address ess at Aus Austra tralia lia by “Co “Couri urier” er” ser service vice..
A
separate application is filed for the same, that may be allowed. All the facts stated above are true and correct to the best of my knowledge, information and belief. th
Dated this the 20 day of September, 2010
23
Deponent : Chinchu Solemnly affirmed and signed before me by the deponent who is personally known to me on this the 20 th day of Septe September, mber, 2010 at my office at Ernakulam.
Adv. Ganesh. G. Pillai BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM I.A. NO. O.P. No.
/ 2010 IN 1462
/ 2010
PETITIONER Chinchu, aged 26 years, D/o. Rajan, 200 Acre Millumpadi Junction, Adimaly Village, Devikulam Taluk.
Vs. RESPONDENT Siju, aged 33 years, S/o. Dr. C.M. Radhakrishnan, Santhi Nivas, St. Germans Road, North Paravur, working as Senior R.M.O., Black Town Hospital, Sidney, Australia. PETITION FILED U/S SECTION 151 OF CPC For the reasons stated in the accompanying affidavit, it is most humbly prayed that this Hon’ble Court may be pleased to permit the petitioner to take out notice to the respondent in his Australia address (Siju, S/o. Dr. C.M. Radhakr Radhakrishnan ishnan,, No.1 Tolloch Place, Baulkham Hills, Sydn Sy dney ey-2 -215 153, 3,
Aust Au stra rali lia a
(wor (w orki king ng
as
Seni Se nior or
R.M. R. M.O. O.,,
Blac Bl ack k
Town To wn
Hospit Hos pital, al, Sidn Sidney, ey, Aust Austral ralia) ia) Pho Phone ne No. 006 006141 1416777 6777291 291)) by Cou Courie rierr Service.
Dated this the 20th day of September, 2010 Petitioner : Chinchu
24
Presented On : 20.9.2010
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM I.A. No. O.P. No.
of 2010 in 1462
/ 2010
Petitioner/Petitioner Chinchu Vs. Respondent/Respondent Siju
PETITION TO ISSUE NOTICE TO THE RESPONDENT BY COURIER SERVICE
25
Petitioner: Chinchu
BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM O.P. No. Petitioner Vs. Respondent
: :
1462
/ 2010
Chinchu Siju
AFFIDAVIT I, Ch Chin inch chu, u, age aged d 26 ye year ars, s, D/o D/o.. Ra Raja jan, n, 20 200 0 Ac Acre re Mi Mill llum umpa padi di Junct Jun ctio ion, n,
Adimal Adi maly y
Vill Vi llage age,,
Devik De vikul ulam am
Talu Ta luk.; k.;do do
here he reby by
sole so lemn mnly ly
affirmed and state as follows:-
1. I am the petitio petitioner ner in the above above Origin Original al Peti Petitio tion. n. I know the facts of the case and I am competent to swear this affidavit. The above O.P. is for a decree of nullity of marriage. 2. It is submitted that I have filed a petition to issue notice to the
respondent who is presently working at Australia by Courier serrvi se vice ce..
Sin Si nce ur urge gent nt or orde ders rs ar are e re requ quir ire ed in the sa said id
application, it is most humbly prayed that this Hon’ble Court may be pleased to permit me to move the above O.P. today itself. A separate application is filed for the same, that that may be allowed. All the facts stated above are true and correct to the best of my knowledge, information and belief. Dated this the 20th day of September, 2010 Deponent : Chinchu Solemnly affirmed and signed before me by the deponent who is personally known to me on this the 20 th day of Septe September, mber, 2010 at my office at Ernakulam.
Adv. Ganesh. G. Pillai
26
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM I.A. NO. O.P. No.
/ 2010 IN 1462
/ 2010
PETITIONER Chinchu, aged 26 years, D/o. Rajan, 200 Acre Millumpadi Junction, Adimaly Village, Devikulam Taluk.
Vs. RESPONDENT Siju, aged 33 years, S/o. Dr. C.M. Radhakrishnan, Santhi Nivas, St. Germans Road, North Paravur, working as Senior R.M.O., Black Town Hospital, Sidney, Australia. PETITION FILED U/S SECTION 151 OF CPC For the reasons stated in the accompanying affidavit, it is most humbly prayed that this Hon’ble Court may be pleased to permit the petitioner to move the above O.P. today itself.
Dated this the 20th day of September, 2010 Petitioner : Chinchu
27
Presented On : 20.9.2010
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM I.A. No. O.P. No.
of 2010 in 1462
/ 2010
Petitioner/Petitioner Chinchu Vs. Respondent/Respondent Siju
TODAY MOVING PETITION
28
Petitioner: Chinchu
Presented On : 22.10.2010
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM O.P. No.
1462
/ 2010
Petitioner Chinchu Vs. Respondent Siju
PROOF OF DELIVERY
29
Ganesh G. Pillai Counsel for the Petitioner
VAKALATH BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM O.P.No. Petitioner
of 2010 Vidula Cherian
:
Respondent
:
Antony Ginu
I, Jy Jyot othi hi Ma Maya ya D Al Alme meid ida, a, ag aged ed 24 ye yeas as,, D/ D/o. o. He Henr nry y D Al Alme meid ida, a, Thaippara Thaipp arambi mbill Hous House, e, Pal Pallip liport ort P.O P.O., ., PinPin-68 683 3 515 515,, Pet Petiti itioner oner in the abo above ve Original Petition do hereby appoint and retain M/s. Adv. Priyadarsan Thampi G., Adv.Ganesh.G.Pillai, Adv. Lekha Ganesh Amples Building, Amulya Street, Madhava Pharmacy Junction, Ernakulam to the court to appear for me in the above Petition and to conduct, prosecute and defend all proceedings that may be taken in respect of any application connected with the same or any decree or ord order er pas passed sed the therei rein, n, incl includi uding ng all app applica lication tion for ret return urn of doc documen uments, ts, application appli cation for review, in appea appeall befor before e the High Court and in appli application cations s for leave to appeal to the Supreme Court and to draw any money payable to me in the said Petition and in all incidental matters connected with the above case.
Dated this
day of August, 2010.
Witness P.K. Harshan, Advocate Clerk, Ernakulam.
Jyothi Maya D Almeida Petitioner
Executant has personally appe ap pear ared ed bef befor ore e me an and d duly duly executed and signed in my presence. Advocate
Accepted Advocate Adv. Priyadarsan Thampi G., Roll No. K/947/1994,
30
Edakattuparambil, rambil, Aravindam Edakattupa Pootholi Lane, Kombara Junction, Kochi-18. Adv. GANESH.G.PILLAI, Roll No.K/934/1998 Thejus, Manakkoda Manakkodam m Road
Adv. LEKHA GANESH, Roll No. K/937/1998 Thejus, Manakkoda Manakkodam m Road,
Elamakkara, Kochi – 26.
Elamakkara, Kochi-16. Presented on :
.8.2010.
BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM
O.P.No.
of 2010
Petition : Jyothi Maya D Almeida Respondent : Ginu
Antony
VAKALATH FOR PETITIONER
Address for service:
___________ GANESH.G.PILLAI LEKHA GANESH Advocates
31
Amples Building, Amulya Street, Madhava Pharmacy Junction, Ernakulam. Phone : Mob: 98474 41034. Res: 0484 6575903.
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