S. AMUTHA Vs. C. MANIVANNA BHUPATHY

JUDGEMENT

(1.) Marriages are made in heaven, but the married fight their life out in the law Courts.

(2.) Manivanna Bhupathy ('Bhupathy' for brevity) got married to Amutha on 15.11.1992. More than five years, they were issueless. However, a son, Aravinth was born on 02.01.1996 and a daughter, Suganthi was born on 14.10.1997. Bhupathy is working as Health Inspector in the Department of Public Health and Preventive Medicine and Family Welfare. As Health Inspector, Bhupathy was required to visit various villages and attend to the medical needs of the villagers. Many times, he would have to take a staff nurse along with him for attending to the emergent needs of villagers. However, Amutha believed that, Bhupathy was having illicit intimacy with one Krishnaveni and so, she sent representations to the higher officials of the Department, complaining about her husband. This strained their marital relationship. According to Bhupathy, Amutha left the matrimonial home on 19.04.2005, leaving their two children behind but according to Amutha, she was driven out of the matrimonial home by Bhupathy.

(3.) Bhupathy filed H.M.O.P. No. 76 of 2005 in the Sub Court, Erode, for divorce on the ground of cruelty. As a counter blast, Amutha filed H.M.O.P. No. 188 of 2005 in the Sub Court, Erode, for restitution of conjugal rights. Amutha also filed M.C. No. 160 of 2005 in the Family Court, Coimbatore, under Section 125 Cr.P.C., claiming maintenance from Bhupathy, in which, an order was passed on 12.12.2006, directing Bhupathy to pay Rs. 1,250/- per month as maintenance. Amutha, also obtained an order in I.A. No. 343 of 2005 in H.M.O.P. No. 76 of 2005 from the Sub-Court, Erode, in which, Bhupathy was directed to pay a maintenance amount of Rs. 1,300/- per month pendente lite. Not, content with this, Amutha initiated proceedings under 'Protection of Women from Domestic Violence Act, 2005' ('D.V. Act' for brevity) in Crl. M.P. No. 5980 of 2007 before the Judicial Magistrate No. II, Erode, claiming various reliefs, including right of residence and maintenance.