D.R. BIBIN Vs. C. JASMINE SHELLY

JUDGEMENT

(1.) The petitioner is the husband of the respondent and both of them got married as per Christian Rites on 03.11.2008 at C.S.I.Church, Marankonam, Kalkulam Taluk, Kanyakumari District. It is the case of the respondent that at the time of marriage, she was given 55 Sovereigns of gold jewels and the petitioner was also given a cash of Rs. 2 Lakhs, a gold chain weighing 7 Sovereigns, a bracelet weighing 3 sovereigns and a gold ring weighing 1 Sovereign and his sister was also given two Sovereigns of gold bangles and his brother was also given 1 Sovereign of gold ring.

(2.) It is the specific case of the respondent that from the date of marriage, she has been subjected to harassment, cruelty and ill-treatment at the hands of the petitioner herein and she was driven out of the marital home and some time thereafter, she joined with the company of the petitioner. The petitioner and the respondent, out of wedlock, had begotten a male child, who was born on 07.01.2010.

(3.) The respondent would further contend that the petitioner is the Correspondent of Good Shepherd Matriculation School and she was the Principal of the said School for some time and he has also sold the School along with all assets for a hectic sum of Rs. 1,60,00,000.00 and for the purpose of establishing and running the School, he has taken all the jewels of the respondent herein and pledged and in spite of realising the same, he has not taken care to pay any amount and return back the jewels. The respondent in this regard, has invoked the jurisdiction of the jurisdictional Court by filing a petition under Sections 20(1) and 23(1) and (2) of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) and pending disposal of the same, she has filed a Miscellaneous Petition claiming interim maintenance of Rs. 15,000.00 p.m. for her and for her minor child, a sum of Rs. 10,000.00, both aggregating to a sum of Rs. 25,000.00 p.m. The said petition was opposed by the petitioner herein, who is arrayed as the respondent, by stating that though he is ready and willing to join with the respondent and his male child, the respondent is exhibiting adamant attitude and refused to join with him and also denied other allegations.