IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Appellate Side Jurisdiction)

C.M.P.No. OF 2022
In
C.R.P.No. OF 2022

1. A.Venkatachalam, M/A 57,

Son of AnnamalaiMuthaliyar.

2. V.Suseela, F/A 52,

Wife of A.Venkatachalam.

Petitioners 1 & 2 are residing at;

Door.No.3/98, Saravanapuram School Nagar,
Pallagoundenpalayam,
OothukkuliTaluk,
Tiruppur District.

3. C.Lalitha @ Leelavathi, F/A 33,

Wife of Chandirasekar,
New Fashion Labels,
Venkatesapuram,
Tiruppur District.

4. D.Shreevithya, F/A 25,

Wife of R.Dhanendar.

5. Baby @ R.Kamalaveni, F/A 47,

Wife of Raghu.

Petitioners 4 & 5 are residing are;

Door No. 47, Anna Street,
Kumaranthapuram
Tiruppur District. …Petitioners/ Respondents 2 to 6
-Versus-

1. M.Soundarya, F/A 23,

Daughter of A.Muthukumar,
Door No. 42, Aishwarya Nagar,
Madathukkulam Taluk-642 113
Tiruppur District. …Respondent/Petitioner

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2. V.Manivasagan,
Son of A.Venkatachalam,
Door.No.3/98, Saravanapuram School Nagar,
Pallagoundenpalayam,
OothukkuliTaluk,
Tiruppur District. …Respondent/ 1st Respondent

AFFIDAVIT OF THE PETITIONERS

I, A.Venkatachalam, Son of AnnamalaiMuthaliyar, Hindu, Male aged about

57 Years, residing atDoor.No.3/98, Saravanapuram School Nagar,
Pallagoundenpalayam, OothukkuliTaluk, Tiruppur District do hereby
solemnly affirm and sincerely state as follows:-

1.I am the petitioner herein as such I know all the facts and
circumstances of the case very well and I am filing this affidavit for myself
and on behalf of the other petitioners.

2. I respectfully submit that I amthe resident of the above

mentioned address and so does the other petitioners. The 1st and 2nd
petitioners herein are the father and mother of the 3 rd and 4th petitioners
and 1st respondent in DVA.No.02 of 2022. The 5th petitioner herein is the
mother-in-law of the 4th petitioner. It is submitted that the petitioners
herein are from the decent family background having a disciplined
lifestyle. The 1st respondent in the DVA No. 2021 had pursued B.E.(EEE)
and working as Lab Assistant of Educational Department at District
Collector Office of Tiruppur and the respondent herein had pursued B.Sc.
(Chemistry) and works nowhere.

3. I submit that the marriage between 2nd respondent and the

respondent herein set to be solemnized on 25.05.2020 in the presence of

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the family, friends and relatives as per the Hindu rites and customs,
however, as a consequence of the widespread of Covid-19 all around the
world, the marriage was solemnized at the house of the respondent
herein with selectively few family and friends in accordance with the
guidelines issued by the District Collector of Tiruppur District. It is
submitted that at no point of time, the petitioners herein had demanded
for the dowry or such other monetary demands from the family of the
respondents herein.

4. With this being the case, the newly married couple stayed at the
place of us for the day and later as per the rituals of Hindus, the married
couple was invited to the house of the respondent’s parents and stayed
for over 2 weeks. It is submitted that as 2nd respondent who is the 1st
respondent in the DVA.No. 02 of 2022 was staying at the house of the
respondent herein respecting the Hindus rituals and ceremony followed
for the married couples, the parents and relatives of the respondent
herein begun to ill-treat 2nd respondent and compelled him to stay at
their house forever.

5. In addition to this, there were other trivial quarrels conducted by

the respondent and her family so as to control 2nd respondent and his
decisions and to disturb the peace of us entirely. Therefore, both the
family started showing hatred towards each other and was not in good
terms. This being the case, on 06.06.2020, 2nd respondent was sent out
from the house of the respondent herein stating that she could no more
live with him.

6. Subsequently, in order to obtain divorce from 2nd respondent by

forcing him through police complaint which the respondent has filed on
11.06.2020 before the All Women Police Station, Udumalaipet against 2nd
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respondent. It is submitted that the complaint filed by the respondent

herein was completely made up with false stories so as to threaten the
husband to voluntarily divorce the respondent. In furtherance, I and 2nd
respondent was forced to sign few papers on the compulsion and coercion
of the police officials and the respondent herein. It is submitted that the
respondent being a highly influential family in the society, she is capable
of causing huge struggle and damages to us.

7. It is submitted that 2nd respondent initiated petition under

section 9 & 14 of the Hindu Marriage Act, 1955 to restitute the conjugal
rights between the respondent and 2nd respondent on the file as
H.M.O.P.No.25/2020 before the Learned Subordinate Court, Avinashi. It is
submitted that 2nd respondent had denied to stay at the place of the
respondent only for the reason that he works at District Collectorate
Office of Tiruppur as Lab Assistant of Educational Department and
travelling from Madathukulam to Tiruppur would cause great difficulty to
him on everyday basis. Therefore, it cannot be said that the affection and
love towards the respondent from 2nd respondent had declined and there
is no such intention to inflict pain to the respondent as she made up.
Despite of the efforts initiated by us to reconcile the relationship of us
with the respondent and her family, the respondent herein had with
stories which was made up by her out of her imagination had filed a
Domestic Violence Case against the petitioners herein and 2nd respondent
herein on the file as DVA.No.02 of 2022 before the District Munsif cum
Judicial Magistrate, Madathukulam.

8. It is pertinent to note that there was no such cruel attitude

showed by the petitioners herein and 2nd respondent at no point of time.
In addition, it is clear that the respondent had never resided at the place

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of her matrimonial house along with us except the first day after their
marriage. Therefore, there are no such ill-treatment and cruelty caused to
the respondent herein by the petitioners and in fact, we had been
attempting to reconcile the relationship which is at the verge of failure.

9. It is submitted that the petitioners herein residing at various

places and the 1st and 2nd petitioners at their older years with certain
ailments would be put to great prejudice, if they are compelled to attend
every hearing of DVA.No.02 of 2022. In addition, the 3 rd to 5th petitioners
herein are staying at the different places and having their own family to
take care of would be put to severe hardships and struggles in case of
travelling from their matrimonial houses to the place of proceedings for
every hearing. Therefore, it would be highly difficult for the petitioners to
attend every hearing of the proceedings. Further the balance of
convenience is also in favor of the petitioners. Hence, therefore may be
pleased to dispense with the personnel appearance of the petitioners in
D.V.C.No. 02 of 2022 pending on the file of the Learned District Munsif
cum Judicial Magistrate, Madathukulam pending disposal of the present
civil revision petition.

10. I respectfully submit that we received the court summons to the

above said proceedings along with the domestic violence complaint and
the same is annexed with the typeset of papers and in furtherance as we
are not having certified copy of the above said complaint, it is humbly
submitted to dispense with the production of certified copy of the
impugned complaint in D.V.C.No.02 of 2022 pending on the file of the
Learned District Munsif cum Judicial Magistrate, Madathukulam. In
addition, it is submitted that the next hearing of the Domestic Violence

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Case has been posted on 01/08/2022, hence DVA.No.02/2022 may be
stayed to prevent the prejudice caused to the petitioners herein.

It is therefore prayed that this Honorable Court may be pleased to

dispense with the certified copy of the impugned complaint in
D.V.C.No.02 of 2022 pending on the file of the Learned District
Munsif cum Judicial Magistrate, Madathukulam pending disposal of
the present civil revision petition and thus render justice.

It is therefore prayed that this Honorable Court may be pleased to

dispense with the personnel appearance of the petitioners in
D.V.C.No. 02 of 2022 pending on the file of the Learned District
Munsif cum Judicial Magistrate, Madathukulampending disposal of
the present civil revision petition and thus render justice.

It is therefore prayed that this Honorable Court may be pleased to

stayall the further proceedings in D.V.C.No. 02 of 2022 pending on
the file of the Learned District Munsif cum Judicial Magistrate,
Madathukulam pending disposal of this Civil Revision Petition and thus
render justice.

Solemnly affirmed at Tiruppur ()

on this the day of June, 2022 ()
and all the above contents are () Before Me
explained in Tamil to the deponent ()
and the deponent understood the ()
same and put his signature in my () Advocate Tiruppur
presence:- ()

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