IN THE HONORABLE MAHILA JUDGE AT THIRUVALLUR.
D.V.C.No. 32 of 2023
-Vs-
I. Deboral Rajkumari, F/A 32
D/O Immanuel,
No.10, Asoori Street,
Tiruvallur, pin: 6002001.
… Petitioner
-Vs-
G.Sweetson Rajkumar M/A 37,
S/o. R. Gurusamy,
No.SP 1/9, Police residency,
Bharathi park opposite,
Melkottaiyur, Sellaiyur,
Chengalpet District.
… Respondent
REPLAY FILED ON BEHALF OF THE RESPONDENT
The Respondent above named most respectfully states as follows:-
1. The Respondent is I. Deboral Rajkumar W/o. G.Sweetson Rajkumar,
Christian, aged about 32 years, residing at No.10, Asoori Street, Tiruvallur
– 602001.
3. The petitioner states that the marriage between the petitioner and the
respondent was solemnized on 29/09/2017 at CSI St. Marry's church,
Sellaiyur according to the Christian rites and customs. The marriage was an
purely arranged and the marriage with absolute consent of the respondent and
her all relatives of both petitioner and respondent.
4. The petitioner states that the beginning of the marriage, the petitioner
family clearly mentioned about his salary work etc till all the details were
mentioned before the elders of the respondent family and on 29/09/2017
marriage solemnized at C.S.I St. Marry's church, Sellaiyur, according to
Christian rites and customs. Respondent family and petitoner’s family are
exchange their conversation about the marriage are more than 20 time, and
the respondent also elaborately exchanging the words with the petitioner was
more than 20 time, the respondent know very well about the petitioner
biodata and family situation. The respondent accepts him from her bottom of
the heart . And after the wedlock both are not having children, they went on
treatment with the full cooperation of the petitioner.
5. The petitioner humbly states at the time of marriage that in respondent
side presenting 30 sovereign of gold ornaments for her own use now it's all in
the custody of the respondent. The petitioner family presents 10 sovereigns
of gold jewels for respondent at the time of marriage and 10 sovereigns for
her family function on that presents of gold ornaments all now in the custody
at the respondent. Finally the respodent took all the jewels with her on that
without the knowledge of the petitioner.
6. The petitioner states that in marriage the respodent not cordial with the
petitioner. Each and every issue between them the respodent took her wepen
of " if your not cooperating with me to protect her house from her uncle I
will separate myself and wrote a letter to police" she said. Every silly reason
the respodent behave like that. The respondents mother always give good
advice to the respondent but she never heard about that. But Now her mother
was not in good health. The respondent not maintain her stay in normal way.
If anything happened in matrimonial home petitioner ran to Tiruvallur.
7. The petitioner states that his family given much more respect and
cultural response about his family. And his mother and father now their old
age, not lead to do their own basic needs and each and every family members
are cares their life wich more concious. But the respondent not respect about
her father in law and mother in law, she doesn’t care about the family’s basic
needs because of the respondents low involvement. There was a quarrel
between respondent and petitioner was due to the demands of separate
family to the Tiruvallur her birth place. But the respondent said she was
treated as a slave and servant, for household works. it is also that the
respondent not ready to mingle with other members of the family, then the
respondent fight with the petitioner for separate house. The petitioner
working as a sports coacher in highly qualified schools, it is headed by him at
his own profession the petitioner getting salary of dignifyed to per month, all
are spend by the joint family savings. In this juncture the mother of the
petitioner never treated lower by her daughter in law there is no any partial
thing between them. Because of the petitioner’s mother only willfully
arranged this marriage and welcomed the respondent to her matrimonial
home.
8. The petitioner state that, he spend all his salary for his wife, and before
that, she leaving. For the respondent’s inferiorly complex never informed
about her uncle's execution over the property, if they asked about that, she
never respond the question belong to the elders of the family. The marriage
expenses spend by the petitioners family more than Rs.8,00,000/- and the
medical expenses and maintenance all are spend by the joint family savings.
9. The petitioner states that, the respondent’s father died on 2021, he is
the only supporter of the family of the respondent, after her mother’s old age
she claimed to partition the separate house from her mother house located at
tiruvallur. But the petitioner never accept that because of, its not right to
change the resident from matrimonial home to her father's house, it is not
respectable one as a dutiful son in law. But, the respondent not accept his
appeal and on that day from she was ready to ran away from her matrimonial
home with all her sethana jewlls with the guidence of her uncle Thiru. Nithya
jothi. After the respondent went to her father’s house, the petitioner has went
more than 10 time for convince her to come back and she fix time went
away, after she never come back the petitioner requested her to come along
to her husband’s place, but she refused. In fact she is staying in the dignify in
manner in the joint family all the aminities done by petitioner and there was
no need to come down. All the money dealing and Jewell was in the custody
of the respondent.
10. The petitioner states that the respondent having suitable income to
maintain herself. She took all her sethana jewlls from the matrimonial home
without the permission of the petitioner and also took his certificate also.
And after the petitioner request before her to return his certificate and after
she given. And she locked her beaurow and having key with her Custody.
There is no means to took away with her. And also having custody
petitioners jwells also. which is sufficient to maintain her with status and
dignity. In this reason the respondent changed the location to live without
giving proper intimation of the petitioner. The petitioner spend dignified
amount for his wife but the respondent expecting to separate her resident of
Tiruvallur..
11. The petitioner states that all the members of family treated equally
there was no partial, all the function conducted joint together and spend one.
On each day of respondent treated with highly priority. And the respondents
Father was not is suitable condition and serious in hospital, the respondents
sisters husband got transferred his property to him in coercion in manner and
in the same way he wants to occupy the respondents property also. In this
threat she feared and wants to stay at thiruvallur for protect her property. The
respondent sister's husband execute master plan against the petitioner who
was the protecter of the respondent in this juncture given untrue information
against the petitioner and separate her from the petitioner. Before that the
first year anniversary conducted by the respondents family at tiruvallur and
execute plan against the petitioner to separate him from his wife wantenly
creat quarral with the petitioner on 02/06/2022 and given fake complaint
against the petitioner before the town police at tiruvallur and that was
registered. The respondent also believed that her family plan and begin to
separate from the petitioner permanently in manner. But the respondent not
understand the situation of her family members she thought that her uncle
was to help her but in true is he is the only person to interference to the
family and try to grab her house and broken her family life given bad
guidence to her against the petitioner there was an partial held at inspite that
the respondent ready to get away from matrimonial home.
12. The petitioner state that is willing to reunion with the respondent and to
stay with him in joint family and maintain her and with status and dignity of
the family. Inspite of repeated requests made by the petitioner to the
respondent, she refused to come back to her matrimonial home. Thereafter
the petitioner made repeated requests to respondent on parents and family
elders in person to persuade the respondent to come back to his house. But
the respondent did not pay head to his requests. In this way respondent
deserted the petitioner illegally. The respondent was in threat and under
guidance of her sister's husband he wants to grab her property rights wants to
encroach her rightsfull house located at tiruvallur if she live with her husband
he cannot execute his plan to grab the entire property. In this reason only the
respondent's Sister's husband not allow her to live with her husband. The
petitioner many times advice her just leave that property it's not more than
important above her life but the respondent not listen his words. The only
reason the family broken was the respondent's sister's husband thir. Nithya
jothi, Now practicing as a lawyer at tiruvallur, given bad guidence to the
respondent and he wants her to separate from her husband permanently and
try to get her consent over the property to transfer to he's name. This is
absolutely coercion and unlawful.
13. The petitioner caused reply notice to be sent through his lawyer, calling
upon the respondent to return to the matrimonial home, and respondent
having received the notice, has not complied with, the demands and requests.
The petitioner therefore files the petition, seeking restitution of Conjugal
Rights against his wife.
14. The petitioner states that there has been no other prior proceedings
under the act between the parties to the petition. The respondent given
unjustifiable compliant against the petitioner before the social welfare
department at tiruvallur and the submission for respondent was also willing
to reunion to the respondent.
15. The petitioner states that there is no collusion between the petitioner
and the respondent is filing this petition.
16. The petitioner states that there has not been any unnecessary or
improper delay in instituting the proceedings.
17. There is no other legal grounds available to the petitioner is seeking the
relief of Conjugal rights.
18. The petitioner respectively submits that the marriage solemnized on
29.09.2017 at Sellaiyur, and the parties to the marriage last resided together
at Sellaiyur, Chengalpet district and therefore this Hon’ble court has vested
with territorial jurisdiction.
19. The cause of action arose at Sellaiyur, Chengalpet District, on
29/09/2017 within the jurisdiction of this Hon’ble court where the petitioner
and respondent was resided togather and when the respondent without
reasonable excuse on 02/06/2022 at respondents village a family quarall
between the respondent's relatives and the respondent withdraw from the
company of the petitioner, on when the respondent relatives given a
complaint against the petitioner in after the respondent sent a notice calling
upon the respondent failure to comply with the demands of the petitioner.
20. The petitioner pays a court fee of under Article 11 (i) (ii) Schedule II of
the Tamil Nadu Court Fees and Suit Valuation Act, 1955.
21. The petitioner therefore prays that this Hon’ble court may be pleased to
pass a decree and judgement,
a) for restitution of conjugal rights against the respondent.
b) direct the respondent to render him conjugal rights and to live with the
petitioner in matrimonial home; and
c) grant such further or other reliefs as this Hon’ble court deem fit and
proper in the circumstances of the cases and thus render justice.
Dated at Chengalpet on this the 19th day of December 2022.
Petitioner
VERIFICATION
I, G.Sweetson Rajkumar, Son of R.Gurusamy, the petitioner herein do
hereby declare that what are stated in the above paragraphs are true and
correct to best of my knowledge belief and information.
Verified at Chengalpet on this the 19th day of December 2022.
Petitioner
LIST OF DOCUMENT FILED U/O VII RULE 14 (i) OF CPC.
S.No. Date Description Nature
1 29/09/2017 Marriage Invitation Original
2 29/09/2017 Marriage Registration Xerox
3 29/09/2017 Marriage Photos Original
4 Jewlls bills Xerox
5 Bills of the household Article Xerox
6 Written submissions before Xerox
welfare officer at tiruvallur
7 Reply notice Xerox
Dated at Chengalpet on this the 19th day of December 2022.
Petitioner
LIST OF DOCUMENT FILED U/O VII RULE 14 (2) OF CPC.
Nil at Present
Dated at Chengalpet on this the 19 th day of December 2022.
Petitioner
VERIFICATION
I, G.Sweetson Rajkumar, Son of R.Gurusamy, the petitioner herein do
hereby declare that what are stated in the above statements are true and
correct to best of my knowledge belief and information.
Verified at Chengalpet this the 19th day of December 2022.
Petitioner
STATEMENT OF ADDRESS OF PARTIES
U/O VI RULE 14 (A) CPC
Petitioner name & Address :G.Sweetson Rajkumar M/A 37
S/o. R. Gurusamy,
No.34/F1, Nakshatra House,
Bharathi park, Madha koyil street,
Sellaiyur,
Chennai – 600 073.
Respondent Name and Address : I.Deboral Rajkumar F/32
W/o. G.Sweetson Rajkumar
No.10, Asoori Street,
Tiruvallur, pin: 602001.
Dated at Chengalpet on this the 19th day of December 2022.
Petitioner in Person
VERIFICATION
I, G.Sweetson Rajkumar, Son of R.Gurusamy, the petitioner herein do
hereby declare that what are stated in the above statements are true and
correct to the best of my knowledge, belief and information.
Verified at Chengalpet on this the 19th day of December 2022.
Petitioner
IN THE HONORABLE
FAMILY JUDGE AT
CHENGALPET.
F.C.O.P.No. of 2022
G. Sweetson Rajkumar
… Petitioner/Husband
-Vs-
I. Deboral Rajkumar
…
Respondent/Wife
PETITION FILED UNDER
SECTION 32 OF THE INDIAN
DIVORCE ACT 1869 FOR
RESTITUTION OF
CONJUGAL RIGHTS.
G. SWEETSON RAJKUMAR
Petitioner/Husband
Phone: 8667294664.
