VI ADDITIONAL JUDGE
BEFORE THE HON'BLE FAMILY COURT AT CHENNAI
I.A.No. of 2024
in
H.M.O.P.No. 583 of 2023
1)Mrs.Dhanalakshmi,
D/o. Annamalai, …1st Petitioner/Respondent
2) M.Haasini(Minor)
D/o. M.Manoj Kumar,
3) M.MelvinSajiv(Minor)
S/o.M.Manoj Kumar,
2 and 3 petitioners represented
by his mother and natural guardian
Mrs.Dhanalakshmi, the 1st petitioner
All of them are residing at
Flat No.A-7, Door NO.104,
Prince Apartments,
Ilaya Street,
Tondiarpet, Chennai-600 081. …2nd and 3rd Petitioners.
Versus
Mr.Manojkumar,
S/o. Munusamy,
No.597, T.H. Road,
Tondiarpet,
Chennai-600 081. …Respondent/Petitioner
AFFIDAVIT OF A.DHANALAKSHMI, THE 1ST PETITIONER,
I, A.Dhanalakshmi, daughter of Annamalai, Hindu, aged about 39
years, residing at Flat No.A-7, Door No.104, Prince Apartments, Ilaya
Street, Tondiarpet, Chennai-600 081, do hereby solemnly affirm and
sincerely state as follows:-
1. I am the 1st petitioner herein and the respondent in the above
H.M.O.P. and as such I am very well acquainted with the facts and
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circumstances of the case. I am filing this affidavit on my behalf and
on behalf of the 2ndand 3rdminor petitioners herein,
2. I respectfully submit that the above H.M.O.P. has been filed by
the respondent/petitioner/husband against me seeking decree of
divorce on the ground of cruelty with false, frivolous and baseless
allegations.
3. I respectfully submit that the marriage was solemnized between
me and the respondent/husbandon 28.11.2007 at
PerunthalaivarKamarajarThirumanaMandapam, Royapuram, Chennai-
600 013, according to Hindu rites and customs in the presence of both
side parents, friends and relatives and the marriage was an arranged
marriage by the elders of respective family members. After the
marriage, the respondent and myself started our marital life at his
parent's house at No.597, T.H.Road, Tondiarpet, Chennai-600 081..
Out of the wedlock, a female child was born to me on 15.09.2008 and
she was named as M.Haasini, the 2nd petitioner herein and thereafter, a
male child was born on 22.09.2010, he was named as M.MelvinSajiv,
the 3rd petitioner herein.
4. I painfully submit that after the marriage, within a month of
marriage the respondent started to show his true colors that the
respondent used to drink alcohol daily and was in fact addicted to
alcohol and he used to harass me both mentally and physically under
intoxication and he frequently phone and spoke to a woman, When I
asked who it was in phone, the respondent went away quietly, but he
kept speaking through the phone to that woman daily. On one
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occasion, I attended the phone and on the other side one Woman
asked me that who is speaking, is Manoj there? I asked her who are
you? she said Anu, immediately the respondent picked up the phone
from me and the respondent told to the said girl that she is his
"PeriyappaMagal". Further he disclosed his premarital affairs also.
When I question him, he threatened me for dire consequences and also
these things were known to his mother also. Thereafter, on another
occasion, the respondent started to talk to one another girl viz.
Hemalatha over phone No.9710430798 at night hours also when I
questioned about the same the respondent started getting angry with
me and attacked me and the respondent always would put his two
hands and slap me on both ears which caused me a killing pain.
5. I further submit that next month after marriage, I got pregnant
but, I did not have any sort of emotional support from the respondent
as well as his mother. The respondent used to drink alcohol heavily
and tortured me every day in front of his mother who got pleasure on
such sufferings. When I was 7 month pregnancy, the respondent's
mother would not cook in time and caused delay to cook, I was very
hungry, hence, no other way I had Pongal from my mother's house
and trying to eat, but the respondent and his mother Shanthi
prevented me to eat. I was made to do all the household works all
alone, but the respondent treated me like a slave and demanded
dowry stating that my brother are ATM machine for them, will have to
lend money as and when the respondent demanded. Further the
respondent is suspicious and psychopathic in nature and he attacked
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me frequently without any valid reason, I tolerated as a true Hindu
wife, considering my marital life and I believed that the respondent
would change him as a right person in future.
6. I further submit that in the month of February, 2007 I came to
know that the respondent had also extramarital affairs, as he owned a
DhallMill and as a Dhall Trader he was managing to get contacts of
women who were visiting to his Mill and then he developed affairs
with them and talking with them at late night hours. When I requested
the respondent to run a family life with me and without considering
that I was in 5th month pregnancy, he provoked and suddenly attacked
me at my head and back in the presence of his mother, who never
controlled his son's act towards me. The respondent mother is not
living with her husband and at the instigation of his mother the
respondent attacked me at my 9th month pregnancy when I was
questioned his extramarital affairs. Out of the wedlock, I gave birth
two children, from the very beginning the respondent and his mother
have been causing cruelties upon me and I have been tolerating for
the future life of my children.
7. I further submit that in the above circumstances, the respondent
did not want to live with me anymore and he wants to get divorce
from me and threatened me to leave the matrimonial home, otherwise
he would say that I am having an affair with someone else. Finally,
when I was refusing his demands, he beat me brutally and pushed me
out of the matrimonial home on 02.09.2020 along with my children.
Therefrom, respondent did not take any steps to visit me and his
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children. Since the respondent and his mother's torture had gone
high, without no other option, I lodged a complaint before the AWPS,
Royapuram against the respondent in C.S.R.No.2/2021 but he used his
muscle and money power, the police authority neither called the him
nor conducted any enquiry on my complaint. But, to my shock and
surprise, I received Court Summon in O.P.No.583 of 2023 filed by the
respondent for divorce against me on the ground of cruelty.
8. I further submit that without my signature and knowledge,
respondent herein closed the trading which was running in my name.
The Respondent is a wealthy man with all means running Dhall
business, whole sale and export business with an annual turnover
more than a sum of Rs.50 Crores and further he is an Income tax
Assessee. For the past three years, I have spent more than
Rs.20,00,000/- towards the children's education, food, medical and
other expenses etc. by getting loan from neighbours and friends. In the
year 2023 only at the intervention of family members the respondent
had paid the school fees for the academic year.
9. I further submit that my previous Assisting Counsel filed two
applications in the above O.P.No.583 of 2023, one for return of articles
and another I.A.No.2 of 2024 in O.P.No.583 of 2023 filed under Section
24 of the Hindu Marriage Act, 1955 and in which, the Assisting counsel
prayed to direct the respondent to pay Rs.2,00,000/- per annum as
School fees for two children. However, I requested my Assisting
Counsel to file the said petition for claim yearly School Fees and
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Interim monthly maintenance of Rs.1,00,000/- to me and
Rs.1,00,000/- to the children. But, inadvertently the monthly
maintenance prayer was not inserted in the application in I.A.No.2 of
2024.
10. I painfully submit that from the date of desertion i.e.
02.09.2020, I am suffering very much along with children for our
survival and for the past four years, the respondent did not pay any
single pie to us. Though I have filed M.C.No.75 of 2024 for claiming
maintenance for myself and on behalf of my children, it is in process
and for the past several hearings, the respondent has not filed his
counter by saying some reasons.
11. I further submit that I am an not working anywhere and myself
and my children fully depending my brother. As a husband of mine
and father of the minor 2ndand 3rdpetitioners, the respondent is bound
to pay the monthly maintenance for our survival. Hence, as an interim
relief, I file application before this Hon'ble Court under Section 24 of
the Hindu Marriage Act, 1955, seeking interim maintenance of
Rs.1,00,000/- to me and also Rs.1,00,000/- for the minor children
totally Rs.2,00,000/- per month towards interim maintenance to me
and my children, till the disposal of the above Original Petition.
I, therefore, pray that this Hon'ble Court may be pleased to pass
necessary order to direct the respondent herein to pay a sum of
Rs.1,00,000/- to me and Rs.1,00,000/- to the minor 2 ndand
3rdpetitioners herein totally Rs.2,00,000/- per month towards interim
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maintenance, from the date of filing this application, till the disposal of
the above H.M.O.P.No.583 of 2023 and thus render justice.
Solemnly affirmed at Chennai
on this day of October, 2024 BEFORE ME
and signed her name in my
presence ADVOCATE: CHENNAI
VI ADDITIONAL JUDGE
BEFORE THE HON'BLE FAMILY COURT AT CHENNAI
I.A.No. of 2024
in
H.M.O.P.No. 583 of 2023
1)Mrs.Dhanalakshmi,
D/o. Annamalai, …1st Petitioner/Respondent
2) M.Haasini(Minor)
D/o. M.Manoj Kumar,
3) M.MelvinSajiv(Minor)
S/o.M.Manoj Kumar,
2 and 3 petitioners represented
by his mother and natural guardian
Mrs.Dhanalakshmi, the 1st petitioner
All of them are residing at
Flat No.A-7, Door NO.104,
Prince Apartments,
Ilaya Street,
Tondiarpet, Chennai-600 081. …2nd and 3rd Petitioners.
Versus
Mr.Manojkumar,
S/o. Munusamy,
No.597, T.H. Road,
Tondiarpet,
Chennai-600 081. …Respondent/Petitioner
PETITION FOR INTERIM MAINTENANCE FILED UNDER SECTION 24
OF THE HINDU MARRIAGE ACT 1956.
For the reasons stated in the accompanying affidavit, the 1st
petitioner herein prays that this Hon'ble Court may be pleased to pass
necessary order to direct the respondent herein to pay a sum of
Rs.1,00,000/- to the 1st petitioner and Rs.1,00,000/- to the minor 2nd
and 3rd petitioners herein totally Rs.2,00,000/- per month towards
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interim maintenance, from the date of filing this application, till the
disposal of the above H.M.O.P.No.583 of 2023 and thus render justice.
and thus render justice.
Dated at Chennai on this the day of October, 2022.
Counsel for 1st Petitioner/ Respondent
(for herself and on behalf of minor 2nd
and 3rd petitioners herein)
VI ADDITIONAL JUDGE
BEFORE THE HON'BLE FAMILY
COURT AT CHENNAI
I.A.No. of 2024
in
H.M.O.P.No. 583 of 2023
1)Mrs.Dhanalakshmi,
…1st Petitioner/Respondent
2) M.Haasini(Minor)
3) M.MelvinSajiv(Minor)
S/o.M.Manoj Kumar,
2 and 3 petitioners represented
by his mother and natural guardian
Mrs.Dhanalakshmi, the 1st petitioner
…2nd and 3rd Petitioners.
Versus
Mr.Manojkumar,…Respondent/Petitioner
PETITION FOR INTERIM
MAINTENANCE FILED UNDER
SECTION 24 OF THE HINDU
MARRIAGE ACT 1956.
Mrs.DHANALAKSHMI
1ST Petitioner/Respondent.
(for herself and on behalf of minor 2nd
and 3rd petitioners herein)
