LAWS(MAD)-2023-2-43

VEL Vs. TAMILMANI

Decided On February 01, 2023
Vel Appellant
V/S
Tamilmani Respondents

JUDGEMENT

(1.) The Civil Revision Petition is filed against the Fair and Decreetal order passed in I.A.No.3 of 2022 in F.C.M.C.O.P.No.27 of 2020 dtd. 22/11/2022.

(2.) The marriage between the petitioner / husband and the respondent / wife was solemnised on 22/4/2018 as per Hindu Rites and Customs. One male child was born from and out of the wedlock between the petitioner and the respondent and is now with the custody of the respondent's mother. Due to misunderstanding, the petitioner and the respondent are living separately.

(3.) The revision petitioner / husband filed F.C.H.M.O.P.No.27 of 2020 for Restitution of Conjugal Rights. In the said petition, the respondent / wife filed Interlocutory Application in I.A.No.3 of 2022, seeking the revision petitioner to return all the property given by respondent's parents at the time of marriage as Sridhana. As per the petition filed by the respondent / wife, it is stated that the respondent's parents totally gifted 27 sovereigns to her and the parents of the revision petitioner had pledged the same and received money. After the birth of the child, the petitioner suspected the character of the respondent / wife and ill-treated her and abused her in filthy language. After filing of restitution of conjugal rights petition, the revision petitioner / husband deserted respondent / wife for about 2 1/2 years and he stayed at Coimbatore and the respondent / wife in her petition has stated that the revision petitioner is having illegal intimacy with another woman. Thus, the respondent / wife admitted the child in Vijay Vidhyalaya School, Dharmapuri and the educational expenses of the child, as of now is met out by the parents of the respondent / wife, who all are aged persons. The revision petitioner / husband admitted that he is having 10 sovereigns of jewels belongs to the respondent / wife, even that has also not been returned back and other articles including personal belongings of the respondent / wife namely lenovo laptop, Titan Watch, Sonata Watch, TNPSC Study materials etc., are also lying with the custody of the revision petitioner / husband.