Hi Expert,
I have receive the following DV petition filed from the family court madras,I have attended the 1st hearing (mediation )for month of Jun'14. Next hearing (Mediation) on Aug'14.Wife is asking alimony beyond my budget. She knows i am unable to attend each and every hearing at the time of trial because i am working in delhi and it is not possible for me to attend the court hearing. Therefore my wife taking benefits for this reason. She is thinking that at last i can surrender myself and give the alimony what she is demanding.
Please find the below draft summon letter which i have received from Hon'ble court...I have marked RED color - which are false and void. My remarks are mentioned in GREEN color.
Can i transfer the case from Chennai to Delhi based on proof of documents of rental agreement, employment proof etc....
Please suggest...
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IN THE COURT OF HON’BLE PRINCIPAL FAMILY COURT AT MADRAS
Petition filed U/s 13(1) (i-a) and Hindu Marriage Act 1955
The petitioner above named submits as follows –
1. The petitioner is Rekha daughter of Nagarajan, Female , aged about 24 years, Hindu residing at No – XXXXX, Chennai.
2. The address for service of all notices and processes on the petitioner is as set forth above.
3. The respondent is Mr.Jolly , Son of Lal Chand, Male , aged about 32, Hindu, residing at, Odisha.
4. The address for service of all notices and processes on the respondent is as stated above.
5. The petitioner submits that the marriage between her and the respondent took place on 17th Nov’2009 at Odisha, as per Hindu rites and customs and the said marriage is a love cum arranged marriage as per the wishes of elders of both the family and ever since the marriage the petitioner was keeping the respondent happily and showered him with love and affection.
6. The petitioner submits that after the marriage both of them started living together at the petitioner’s residence as stated above.(Respondent remarks – Never I have resided in Chennai. When marriage taken place with that time I was working in Odisha and after that residing at Delhi--- I have proof of private company employment letter and salary statement. )
7. The petitioner submits that ever since the marriage she was dreaming that she will lead a happy family life with the respondent, but the fairly tale came to an end as soon as the respondent, showed his monstrous behavior, he never went for any work, he always used filthy language which can not be printed and abused elders and every one who come across him, being a foul mouthed man he always use pin pricking words. Annoyed by his character the petitioner thought that she can change him in the course of marriage life, it became a utter failure.(Respondent remarks – I have proof for employment )
8. The Petitioner submits that after his marriage the respondent he took a house at Chennai and went to his native in the pretext of work and after some time he said that he was working at Delhi ( Respondent Remarks – I have proof of rental agreement of house in delhi ).
9. The petitioner submits that whenever he comes from delhi he being a suspicious man used to bear the petitioner black and blue and create injuries all over her body ( Respondent Remarks – False & void).
10. The petitioner submits that he used to scold the petitioner that instead of marrying her , he should have married some else and he also scolded the petitioner’s mother and father with filthy language. Further he used to speak in such a foul language that is unbearable and the words cannot be printed since those words will cause embarrassment to everyone.
11. The petitioner submits that she went to the house of the respondent’s sister who was once upon a time living in the same house of the petitioner as a co-tenant, but they behaved like rowdy elements teasing and threatening the petitioner and her family members. The petitioner submits that she wants to put it upfront that they are not bothered about her family life and their only aim, it seems to precipitate the matters as per their whim and wish. (Respondent Remarks – Petitioner and her family member has threatening to my sister --- we have a proof for police station diary/FIR )
12. The petitioner submits that his father in law who should have some care in his son’s life behaved like a rowdy and he assailted the petitioner in front of every one and the petitioner did not gave a complaint though she sustained bodily injury since she did not wanted to precipitate the matter.
13. The petitioner submits that though days passed the respondent’s character and attitude never changed and his character has become bad to worse and his harassment has crossed alarming levels.
14. The petitioner submits that the respondent is causing her mental cruelty by his constant nagging attitude. His behavior and of constant threat, not only her but also her family members have caused her immense mental pain, stress and strain. The petitioner submits that if anything happens to her or her family members he and the above said respondent relatives are responsible for the same.
15. The petitioner submits that the respondent is not maintaining her and he has left and abandoned her from Oct’12 and he is not willing to live with her or maintain her as a husband and further when questioned about her life he has called the petitioner’s parents and she also went along with them and the respondent returned her gold articles and openly said he will not live with her and he cannot change himself.
16. The petitioner submits that because of respondent Acts it has become impractical for the petitioner to live with him and consistently he is also deserting the petitioner and causing both physical and mental cruelty to her by beating her.
17. The petitioner submits that her family members apprehend danger to their life and property from the respondent and his above said relatives.
18. The petitioner submits that this petition is not presented in collusion with the respondent. This is the first petition filed before this Hon’ble court and no similar petition is filed or pending before any other court for the same relief as on date. The petition has not condoned the cruelty of the respondent.
19. The petitioner submits that the cause of action took place on 17th Nov 2009 at odisha when the marriage between the petitioner and the respondent and also when the petitioner and the respondent lived together lastly at Chennai and from the date of the marriage when the nagging and cruel attitude till this date.
20. The petitioner submits that this Hon’ble court as got jurisdiction since the petitioner and the respondent and the respondent lastly resided together at Chennai within the jurisdiction of this Hon’ble court.
21. The petitioner submits that she has paid fees of Rs.25/- under schedule II Art (1) of the Tamilnadu court fees and suits valuation act 1955.
Hence in this circumstances it is humbly prayed before this Hon’ble court that it may be pleased to pass as order –
(a) Dissolve the marriage by a degree of Divorce which took place on 17th Nov 2009 at Odisha and direct the respondent to deposit the cost amount.
(b) And pass necessary orders as this Hon’ble court may deem fit and proper in the circumstances of this case and thus render justice.
Documents files along with the petition under Order VII R 14 (1) of CPC.
1. Marriage Invitation
2. Marriage Photo
3. Rental Agreement
4. Voter ID of petitioner.
