ARUMUGAM Vs. A. NELLAI VADIVU

JUDGEMENT

(1.) For the sake of convenience, the parties will be referred to by their names.

(2.) Arumugam got married to Nellai Vadivu on 12.12.2010 and to them was born a daughter Shanmugapriya, who is eight years old now. Arumugam deserted Nellai Vadivu and therefore, she filed a petition under Section 9 of the Hindu Marriage Act, 1955 in the Family Court, Coimbatore, for restitution of conjugal rights. The matter was sent for mediation, where Arumugam agreed to take back Nellai Vadivu and accordingly, Nellai Vadivu joined Arumugam at Tirunelveli and lived in the matrimonial home during April 2019. However, Arumugam and his family members subjected Nellai Vadivu to untold miseries and therefore, she went back with the child to her natal home in Coimbatore.

(3.) Nellai Vadivu has filed M.C.No.119 of 2019 in the Family Court, Coimbatore under Section 125 Cr.P.C. for maintenance and the same is pending. While so, Nellai Vadivu filed C.M.P.No.65 of 2019 in M.C.No.119 of 2019 for interim maintenance, which was contested by Arumugam. Ex.P1 to Ex.P18 were marked on behalf of Nellai Vadivu in the interim application and no exhibit was marked on the side of Arumugam.