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IN THE COURT OF PRINCIPAL FAMILY JUDGE, CHENNAI

O. P. NO. 3789 Of 2016

V. Parthiban @ Deepan,
S/o V. Vasudevan,
New.No.15, Old.No.45,
3rd Street, Vishalakshi Nagar,
Ekkatuthangal,
Chennai 600 032. Petitioner

Versus

G. Vasumathi,
D/o C.Chandran,
No.6A, Chetty Street,
Walajabad,
Kanchipuram 631605. Respondent

COUNTER FILED BY THE RESPONDENT

1. The Respondent herein denies all the allegations made in the Petition and the

petitioner is put to strict proof of the same, except that those that are specifically

admitted herein.

2. The Respondent denies all the allegations made in Para 3 of the Petition and the

petitioner is put to strict proof of the same, except that those that are specifically

admitted herein. The Respondent herein admits the date and place of marriage as

mentioned in Para 3 of the Petition. It is also true that the marriage was arranged by the

parents of the Respondent herein; however it is denied that the same was performed

according to the will and wish of Respondents parents but instead the same was

arranged in a grand manner by incurring huge expenditure as demanded by the

Petitioner and his parents. The Petitioners parents demanded gifts of gold ornaments

and also hefty dowry of Rs.10,00,000/- for the marriage. But the Respondents parents

promised to arrange for the gold ornaments before marriage and further promised to

arrange for the dowry of Rs.10,00,000/- immediately after the marriage. As demanded

by the Petitioner and his parents, the Respondent and the Petitioner were gifted with 50

and 15 sovereigns of gold ornaments respectively by the Respondents parents at the

time of marriage. Immediately after the marriage, the 50 sovereigns of gold ornaments

gifted to the Respondent were handed over to the Petitioners parents and the same is

in the custody of the Petitioner and his family till date.

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3. The Respondent denies all the allegations made in Para 4 to 8 of the Petition and

the petitioner is put to strict proof of the same, except that those that are specifically

admitted herein. The Respondent herein states that the allegations made in Para 4 to 8

is made with an malafide for the purpose of this Petition and the same is utter falsehood

and far from truth.

4. The Respondent submits that after the marriage, the matrimonial home for the

couple was setup at the petitioners place. Ever since the date of marriage, the marital

life of the parties herein was never smooth, as the petitioner often complains about the

dark complexion of the Respondent and further he refused/ ignored to have any sexual

relationship with the Respondent on various occasions. Even when the Respondent

made any advances, the Petitioner herein had ignored the same. The Petitioner herein

also often comments that the Respondent is unattractive and she can never be a proper

match for him. However, the Respondent chose to tolerate the same in the best interest

of her marital life. It is also pertinent to mention that even the Petitioner and his parents

had suppressed his actual age and had misrepresented his year of birth as 1978

instead of 1973 in his horoscope given to the Respondents parents prior to marriage.

The same was found by the Respondent only from the official records of the Petitioner

subsequent to marriage. However, the Respondent herein chose not to raise any issue

over the same and had condoned the acts of the Petitioner and his family.

5. The Respondent states that after the completion of 2 months, the Petitioner and

his mother, demanded Rs.10,00,000/- dowry, which was promised to given by the

Respondents parents immediately after the marriage. The said demand of dowry has

been made citing the reason of purchase of new car in the name of the Petitioner.

However the Respondent explained the financial constraints of her father, due to heavy

expenditure incurred for the arrangement of marriage, gifting of gold ornaments etc,.

Subsequent to the explanation tendered by the Respondent herein, the demand for

dowry made by Petitioner and his mother soon turned into dowry harassment harassing

the Respondent. The harassment includes both verbal abuse and physical abuse by the

hands of Petitioner and his mother and the same continued for nearly three months.

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Unable to withstand the harassment made by the Petitioner and his mother, the

Respondent conveyed the same to her parents. The Respondents parents, on hearing

the same, were put to rude shock and disappointment. In order to resolve the issues,

the Respondents father immediately obtained loan and tendered a sum of

Rs.5,00,000/- to the petitioner and his mother on 18.02.2016 and thereafter, sought

further time for payment of balance amount.

6. The Respondent states that her sister in law namely Thamizharasi often used to

visit the petitioners place and stay for nearly 20 days in a month. It is pertinent to

mention that since June, 2016, the petitioner, his mother and sister in law started to

harass the Respondent demanding for the balance dowry amount. The harassment

includes threats to Respondents life by the Petitioner. The Respondent was ignored,

shunned by the Petitioners family that includes refusal to take food cooked by the

Respondent herein. Instead the petitioner and his family members consume food

cooked by the tenants in the Petitioners property. The said tenants, taking advantage of

the rift between the Respondent and the petitioners family, occupies the Petitioners

house and when the same was questioned, the Respondent was physically abused by

the Petitioner herein.

7. The Respondent states that while things remain so, on 04.09.2016, the Petitioner

herein had purchased a new car from the funds given by the Respondents father. On

11.09.2016, the Respondent herein was asked by the petitioner and his mother to leave

for her maternal home and to return before Diwali, citing the reason that the petitioner

and his mother would observe religious fasting during the said interregnum period and

the same may get offended in the event of menstruation by the Respondent. Believing

the same, the Respondent herein left the matrimonial home on 12.09.2016 with a fond

hope that she would return before Diwali.

8. The Respondent states that as mentioned earlier, the Petitioner herein and his

mother by misrepresentation made the Respondent herein to leave her matrimonial

home. Subsequently, the Respondent herein, to her rude shock and disappointment,

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received court notice in the above mentioned Divorce proceedings in OP.No.3789 Of

2016. The perusal of the contents of the Petition in the above mentioned OP.No.3789 Of

2016, startled the Respondent herein and her family members as the entire contents

are utter falsehood, far from truth and made with a malafide intention for the purpose of

the above Petition alone. On 23.10.2016, the Respondent herein along with her family

members visited the Petitioners residence for reconciliation and further they sought

explanation for the institution of the above Divorce proceedings, For the same, the

Petitioner and his mother casually replied that the Divorce proceedings was instituted as

the balance dowry amount remains unpaid. Adding fuel to the fire, the petitioner

demanded/insisted for the payment of enhanced dowry of another Rs.10,00,000/- and

also demanded for transfer of Respondents share of her fathers property in favour of

Petitioners name as consideration for resumption of marital life and withdrawal of above

mentioned OP.No.3789 Of 2016. When the Respondents father failed to yield to the

above mentioned exorbitant demand, both the Respondent and her family members

suffered verbal abuse by the hands of the Petitioners and his family members. Unable

to tolerate and withstand the disgrace and humiliation faced by her family members, the

Respondent made them to leave the Petitioners residence and she chose to stay back

in her matrimonial home along with her mother. However, the harassment for the

Respondent continued by the Petitioner and his family members, forcing the

Respondent to avail legal recourse by lodging criminal complaint dated 24.10.2016

before All Women Police Station, Guindy. However, the concerned authorities, in view of

the pendency of the present Divorce proceedings, did not proceed with the complaint.

Even the Respondent herein, hoping for reconciliation of disputes and reunion with the

Petitioner, did not pursue the above criminal complaint. The Respondent herein is

always willing and eager to continue her matrimonial relationship with the Petitioner.

However, for no reasons, after the above incidents, the Respondent was disregarded

and shunned by the Petitioner and his family members and they forced her to be

confined within the bedroom in her matrimonial home. The Petitioner neither exercises

nor allows the Respondent to exercise any conjugal rights, for no reasons. The

Respondent herein, despite presence of Petitioners and his family members, feels

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lonely, as none of them are even ready to exchange any word with the Respondent.

Furthermore, the Respondent were neither allowed to cook nor offered food by the

petitioner and his family members. The said harassment had caused serious emotional

and mental distress to the Respondent herein making her to leave her marital home and

stay back in her maternal home for the few days in a week. Thus, the respondent herein

is kept running between her maternal and marital home only with a fond hope of

resumption of her marital life with Petitioner. The Respondent and her family would be

put to serious prejudice and untold hardships, unless this Honble court dismisses the

above petition for Divorce.

Hence, it is therefore prayed that this Honble court may be pleased to dismiss

the above Petition as devoid of any merits with exemplary costs and thus render justice.

Dated at Chennai this the day of January, 2017.

RESPONDENT

VERIFICATION

I, G. Vasumathi, D/o C.Chandran, Hindu, aged about 37 years, temporarily

residing at No.6A, Chetty Street, Walajabad, Kanchipuram 631605, and also at

New.No.15, Old.No.45, 3rd Street, Vishalakshi Nagar, Ekkatuthangal, Chennai 600

032, do hereby affirm what is stated above is true to the best of my knowledge, belief

and information.

Dated at Chennai this the day of January, 2017.

RESPONDENT
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IN THE COURT OF PRINCIPAL

FAMILY JUDGE, CHENNAI

O. P. NO. 3789 Of 2016

V. Parthiban @ Deepan,
S/o V. Vasudevan,
New.No.15, Old.No.45,
3rd Street, Vishalakshi Nagar,
Ekkatuthangal,
Chennai 600 032. Petitioner

Versus

G. Vasumathi,
D/o C.Chandran,
No.6A, Chetty Street,
Walajabad,
Kanchipuram 631605.
Respondent

COUNTER FILED BY THE

RESPONDENT

G. VASUMATHI

Party-in-person
RESPONDENT
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