GAYATHRI Vs. USHA

JUDGEMENT

(1.) The petitioners herein are the respondents in M.C.No.1 of 2011 pending trial on the file of the District Munsif-cum-Judicial Magistrate Court, Portonova (Parangipettai) on a private complaint filed by the respondent herein who is the petitioner seeking monetary relief under section 20 of the Protection of Women from Domestic Violence Act 2005 herein after referred to as "DV Act".

(2.) For the purpose of better understanding of the case, the relationship of the petitioners with the respondent is that the 1st petitioner and the 3rd petitioners are the foster daughter of the respondent. The 2nd petitioner is the husband of the 1st petitioner and the 4th petitioner is the husband of the 3rd petitioner. The respondent is the 3rd wife of one Kumaresan, who is the father of 1st and 3rd petitioners.

(3.) The averments in the complaint is that the marriage between the respondent and the said Kumaresan, took place on 04.04.2005 at Mayilam Murugan Temple, Tindivanam. During the marriage, the respondent's brother had given Rs. 50,000/- (Rupees fifty thousand only) apart from 15 sovereigns of gold jewels and had also incurred Rs. 1,00,000/- (Rupees One lakh only) as marriage expenses. After the marriage, the respondent and the said Kumaresan had lived as husband and wife at Ariyakasthi Village. The petitioner Nos.1 and 3 are the daughters of Kumaresan born through his 1st wife late Kumudha, who had passed away on 27.12.2001 due to prolonged heart problem. Thereafter, the said Kumaresan had another marriage, which got divorced and the details are not known. Thereafter, the respondent had married the said Kumaresan. This marriage was not to the liking of the 1st and 3rd petitioners. The said Kumaresan was earning Rs. 25,000/- (Rupees Twenty five thousand only) as cloth cutting master in a private company Amaraivadi Village in Gujarat and three months after the marriage, the respondent lived in Gujarat for six months peacefully. The said Kumaresan was building properties at Amaraivadi worth more than Rs. 50,00,000/- (Rupees Fifty lakh only) and he had a bank deposit Rs. 15,00,000/- (Rupees fifteen lakh only). Due to jealousy and unable to digest the peaceful life of the respondent and the said Kumaresan, the petitioners herein day-by-day make confusion and caused quarrel between the respondent and the said Kumaresan by poisoning his mind. The said Kumaresan became a puppet at the hands of the petitioners and started ill treating the respondent and denied to provide rice, grocery and other basic amenities.