AROCKIA SAMY Vs. AROCKIA CHINNA RANI

JUDGEMENT

(1.) This petition is filed against the order of the Judicial Magistrate No.III, Thanjavur, in D.V.C.No.9 of 2016, dated 27.12.2016.

(2.) Brief substance of the petition in D.V.C.No.9 of 2016 is as follows:

(3.) Brief substance of the counter in D.V.C.No.9 of 2016 is as follows: The first respondent [revision petitioner] is the husband. All the four female children are residing with the father. Even in the notice issued by the father of the wife, it was stated that only 20 soverigns of gold was given to the wife at the time of marriage and 12 soverigns, after the death of the mother of the wife. The husband purchased a vacant site in the year 2006, after obtaining proper permission from the Department. He withdraw a sum of Rs.3,90,000/- from the G.P.F. Account and again, during 2007 till 2012, he withdraw Rs.10,00,000/- from his G.P.F. account. He never get any account either from the wife or from her parents and the husband never insisted the wife to file a partition suit against her parents. Since all the four children are female, the first respondent save money and purchased gold jewellery for the children, but the wife took away 60 soverigns of gold purchased by the husband along with 25 soverigns of gold jewels given to the wife by her parents at the time of marriage. Without the knowledge of the husband and without his permission, the wife pledged the jewels for a sum of Rs.17,00,000/-. On 01.02.2012, she borrowed a sum of Rs. 6,22,500/-. On knowing that the wife has been borrowing huge amount from the neighbors, there was a misunderstanding between the spouse, the husband insisted the wife to open the Locker on 15.05.2012. To avoid the same, the wife went out of the house. Due to the act, the first daughter though she obtained Rs.1,024 out of 1200 marks in the School Examination, could not be admitted in any college. The husband lodged a complaint against the wife on 05.06.2012 and on 08.06.2012, the husband was paying the monthly chit amount regularly, but, it was the wife, who took away the chit amount. The complaint lodged by the wife was closed by the police, as the contention was not true. The mother of the wife was having five houses and the wife is having 1/3rd share in the property. The wife and her parents are having Rs.10,000/- rental income per month, the mother of the wife died during her service and a sum of Rs.4,00,000/- was with the wife and by pledging the jewels of the husband, the wife got Rs. 13,00,000/- as loan and also she is having Rs.4,50,000/- towards the chit amount and prayed the petition to be dismissed.