C.SAMISELVAKIRUBAKARAN Vs. S.JESSY

JUDGEMENT

(1.) The petitioner has filed this petition seeking to call for the records and to set aside the order dtd. 08.02.2017 made in M.C.No.5 of 2014 on the file of the Principal Family Court, Coimbatore, which is a part of the common order made in D.O.P.No.1159 of 2013 and M.C.No.5 of 2014 on the file of the Principal Family Court, Coimbatore.

(2.) The facts of the case is that the marriage between the petitioner and the respondent was solemnized on 10.07.2013 at Coimbatore as per the Christian Rites and Customs. The said marriage is the second marriage for the petitioner. Thereafter, dispute arose inbetween them and they are living separately. The petitioner filed petition seeking restitution of conjugal rights before the Family Court, Coimbatore in D.O.P.No.1159 of 2013. The respondent filed M.C.No.5 of 2014 before the Family Court, Coimbatore seeking a sum of Rs.5,000.00 per month as maintenance.

(3.) The petitioner alleged that soon after the marriage, the respondent fell ill and was not able to do the household work and she insisted to have a separate house in their locality. The respondent alleged that the petitioner's father tried to misbehave with her and considering the family respect, she tolerated, however, he threatened that she got married at the age of 37 years and if she discloses his behaviour, he will now allow her to live with the petitioner. It is further alleged that even the petitioner's mother encouraged her husband's activities and hence the respondent asked the petitioner to leave her at her sister's house.