VINOD G JAIN Vs. MAYURI DAVEY JAIN

JUDGEMENT

(1.) The appellant has come forward with this Civil Miscellaneous Appeal aggrieved by the order dated 12.02.2018 passed in I.A. No. 621 of 2017 in O.P. No. 2784 of 2015 on the file of V Additional Principal Judge, Family Court, Chennai, whereby and whereunder, the Family Court directed the appellant to pay a sum of Rs.20,000/- towards pendente lite maintenance to the respondent and the minor female child Krishi, pending disposal of the Original Petition.

(2.) The case of the appellant, as could be unfolded from the Original Petition filed by him before the Family Court for dissolution of the marriage, is that the appellant's first marriage ended in passing a decree of divorce. While so, during last week of April 2014, the appellant was introduced to the respondent by his friend Mr. Kiran Rival. Thereafter, within a short period of time, at the instance of the respondent and her family members, the marriage between the appellant and the respondent was solemnised on 10.06.2014, with the result, even the marriage invitation could not be printed. Further, the entire marriage expenses were borne by the appellant and his family. After the marriage, the appellant and the respondent stayed in Nellore along with the parents of the appellant. However, within a week after the marriage, at the insistence of the respondent, the appellant left his parents at Nellore, came down to Chennai and resided at Korukkupet, Chennai. After reaching Chennai, the respondent called upon her mother and brother and made them to stay in the house at Korukkupet. During the course of their stay at Chennai, the mother of the respondent and her brother interfered with the personal life of the appellant and the respondent thereby the privacy of the appellant was lost. Further, the respondent led a spend-thrift life and she was only interested in spending lavishly, thus when the demands of the respondent were not met, she threatened to lodge a complaint to the police on false pretext. In this context, differences of opinion cropped up between the appellant and the respondent and the appellant had sleepless nights. On one occasion, the respondent insisted the appellant to pay her some amount to enable her to run a tailoring shop and accordingly, the appellant paid to the respondent various sum, however, those amount were not utilised by the respondent for running a tailoring shop but she spent them lavishly for her mother and brother. Even the suggestion made by the sisters of the appellant to lead a happy life with the appellant went unheard by the respondent. The respondent would constantly talk over phone and she never discharged her obligation as a dutiful wife. The appellant also came to know that prior to his marriage with the respondent, the respondent and his friend Kiran Raval had an illicit relationship, however, for the reasons best known to Kiran Rival and the respondent, the marriage proposal between the appellant and the respondent was made and ultimately, the respondent was given in marriage to the appellant. Further, without the knowledge of the appellant, the respondent had taken up an employment with a CD/DVD shop at Mint Street, Chennai and during the course of her employment, the respondent was arrested for selling pirated CD/DVD and for publishing and distributing illegal and unauthorised contents through the CD/DVD. In connection with the same incident, the appellant was also arrested and remanded to judicial custody, even though he did not commit any offence and subsequently, the appellant came out on bail. After coming out on bail, the respondent left the matrimonial company and went to Ahmedabad and was staying along with her parents. Notwithstanding the same, the respondent has given a complaint to C-1 Police Station, Chennai against the appellant on 22.09.2014 with false averments, which necessitated the appellant to approach this Court with Crl.OP No. 27431 of 2014 seeking anticipatory bail. Subsequently, at the instance of the respondent, the said Kiran Rival has also given a complaint and therefore, the appellant filed yet another petition in Crl.OP No. 27430 of 2014 seeking anticipatory bail and it was allowed by this Court on 30.09.2014. It is the contention of the appellant that by reason of the attitude of the respondent, he was subjected to enormous mental agony and cruelty and it resulted in irretrievable breakage of the matrimonial life leaving little or no scope for reunion and therefore, he had filed the Original Petition before the Family Court for dissolution of the marriage on the grounds of cruelty.

(3.) Repudiating the averments made in the Original Petition, the respondent has filed a counter affidavit contending that the respondent came to know about the appellant through their family friend Kiran Ravel and that the marriage was solemnised by her parents in a grand manner at Ahmedabad as per Hindu rites and customs. The averment that the appellant or his family members did not demand any dowry at the time of marriage is false and in fact, 14 sovereigns of gold ornaments were presented by her parents at the time of marriage, as has been demanded by the appellant. The shifting of matrimonial home from Nellore to Chennai is not at the insistence of the respondent, as alleged. The respondent discharged her matrimonial obligations and she had taken care of the appellant well. The allegation that the respondent spent several hours in chatting in mobile phone was denied as false. The fact remains that the appellant did not take care of the respondent well and he spent all his earnings towards his sisters. The appellant ill treated the respondent and therefore, she asked her mother to come down to Chennai and it is under such circumstance, the mother, sister and her husband came down to Chennai and stayed in the matrimonial home for a short period. After a brief stay in the matrimonial home, her parents, sister and her husband left the matrimonial home. The respondent specifically denied the avrment that the respondent had illicit relationship with Kiran Raval. In fact, the appellant, in order to malign the reputation of the family of the respondent posted a message in the Whatsapp group that the respondent is a girl who could not be believed and she is a cheat. In such circumstance, the respondent gave a complaint to the Police Station at Tondiarpet, as a last resort. The respondent left the matrimonial home due to the fact that she was inflicted with matrimonial cruelty and she was subjected to sheer harassment. The respondent was driven out of the matrimonial home by the appellant when she was in the fourth month of pregnancy. The respondent is ready and willing to lead a happy and blissful matrimonial life with the appellant and therefore, she prayed for dismissal of the Original Petition.