Grounds Of Revision.doc

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

Crl.M.P.No:

of 2018

in Crl.M.P.No: 7385 of 2018 in Crl.R.C.No. 629 of 2018 1. M.K.Anupriya, W/O. S.bharath Kumar. 2. Minor B.Pranarubini, D/O S.Bharath kumar. 3. Minor B.Animithua, D/o S.Bharth kumar. … Petitioner/Respondent Vs S.Bharath kumar, S/o late Mr.T. Shanmugam, No.224/3, Ganga nagar, Irumbedu post, Arni Taluk-632317. … Petititoners/ Respondents PROOF AFFIDAVIT FILED BY THE 1ST PETITIONER FILED ON HER BEHALF AND ALSO ON BEHALF OF THE MINOR CHILDREN/PETITIONERS NO.2 AND 3. I, M.K. Anu priya,Hindhu,aged about 30 years, W/o Mr. s. .Bharathkumar, D/o Mr. M .Kasi ,residing at No.27, Vigneshwara Nagar, Phase –III,Sathuvachari, vellore -9, do here by solemnly affirm ans states as follows :1. I am the 1ST Petitioner herein . I state that for proper adjudication the entire averments made in my original petition and documents filed along with it may kindly be read as part and parcel of this Proof – affidavit .

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2. I state that the Respondent being my husband having sufficient means he voluntarily and wantonly neglected and refused to maintain me and my children. The Petitioners No.2& 3 is my daughters and so also for the respondent herein . I am filing this affidavit on behalf of the minor petitioners No.2 & 3 also. I am unable to maintain myself and also unable to maintain the petitioners No.2 & 3 ,hence I initiated proceedings against the respondent seeking maintenance for myself and also on behalf of the minor petitioners No.2 & 3,who are now aged about 3 years & one year respectively .My daughters/petitioners No.2 & 3, right from their birth is under my care and custody and both are very much affectionate and attached over me and so also me and my family members . 3. I state that during the month of November 2010,Respondent, Respondent’s mother –Tmt .s ,Chandra and Respondent’sister – Tmt. S. Keerthika with her suckling child , approached my residence at No.27, vigneshwara nagar, Phase –III, Sathuvachari, vellore -9. The Respondent and his family members expressed their first marriage proposal with my father –Mr. S. Kasi. The Respondent’s mother informed that her husband – Mr.T.shanmugam was employed as manager at Tamilnadu ware house corporation ,Arni and due to sudden illness her husband reported dead in the year 2008. The Respondent and his mother informed about their family background and also the educational qualification & employment details of the Respondent. The Respondent’ sister stated to have married Mr. Stailn in the year 2008 and a male child name – S. Toyas stated to have been born out of their wedlock. 4. I state that as per the first information convened by the Respondent and his mother during November 2010, the Respondent is a M.E., Graduate and employed as Project Engineer , HMR Consultants Muscat, Oman and earning monthly salary of Rs.1,32,000/-(Rupees one lakh thirty-two thousand only). The Respondent and his mother further informed that apart from the employment of the Respondent at HMR Consultants Muscat ,Oman, he owns immovable properties at Arni which is worth of about several crores of rupees. The Respondent’s mother informed that she is also employed as a teacher at government school at Irumbedu, Arni and drawing monthly salary of more than Rs.60,000/(Rupees sixty thousand only).The Respondent and his mother informed that they are having huge bank balance in a nationalized banks,Arni which would be adequate for me and also for the Respondent for leading painless and blissful living. 5. I state that my father also convened his pains to the Respondent’s mother about the upliftment of the family and also the fact that hjis only son Mr.Dinesh babu completed – B.E., (instrumentation) PGD., P.E., and being employed as

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sales & service Engineer at Chennai and her only daughter is a B.Tech., Graduate (bio –technology ) being employed as project Engineer at Wipro , Bangalore . My father also convened to the Respondent’s mother that his family and all other elders of her family are from a middle –class family who has great respect over the elders and also to the younger generation .The Respondent and his family members was very much interested in solemnization of marriage between me and the Respondent . The Respondent’s mother hardly – pressed for early marriage. 6. I stated that my father discussed with the Respondent and his mother ,regarding marriage ,the Respondent and his family members demanded ,in excess of 50 soveren of gold jewels and also House-hold articles worth of more than Rs.2,00,000/should be presented at the time of marriage. My father and my family members accepted for the Respondent and his daughter should be kept under good atmosphere and her future will be kept shiny if marriage is solemnized. The Respondent and his mother promised with my father that my future will be safe under the love and affection of the Respondent . My father trusted with the promise made by the Respondent . In –pursunance of the promise made by the Respondent,I and my family members gave consent for marriage , accordingly Betrothal was conducted on 22.05.2011 at hotel Darling Residency which is one among famous Hotel in Tamilnadu. Betrothal incurred over Rs.2,00,000/- which was taken care by my father and the Respondent and his family members are very well aware of the same . 7. I state that in-constitution of the betrothal the Respondent’s mother fixed the marriage tobe solemnized at ADB Marriage Hall at Arni. My father and my relatives and the Respondent’s relatives inspected the ADB Marriage Hall, Arni herein both the elders of the family found that the proposed Marriage Hall did not have sufficient accommodation . under these circumstances ,my father requested the Respondent and her mother to change the marriage hall at Arni Town itself . The relatives on both sides expected for a suitable and well accommodated Marriage hall but well accommodated marriage hall was not available at Arni Town on that particular date of marriage .At this juncture, because of non-availability of well accommodated marriage hall, mu father informed to the Respondent and also to his mother to change the place of marriage to vellore or to any other place , thereby my father promised to take care of the marriage hall expenses but the Respondent and his family members to keep the marriage at vellore which would suit convenience for relatives on either side for easy accommodation . finally the Respondent and his mother agreed to eep the marriage at vellore ,accordingly as agreed by my father ,my father paid Rs.25,000/- to the marriage hall and the marriage between me and the

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Respondent was solemnized on 05.06.2011 at kanna mahal vellore .The marriage was solemnized as per Hindu rites and customs . The Marriage was consummated on 05.06.2011. The marriage solemnized between me and the Respondent is also registered before the Sub-Register officer,Arni I already filed mu marriage invitation and marriage Registration certificate and the same may be read as part and parcel of this proof –affidavit. 8. I state that my father by borrowing money from third parties celebrated my marriage. My father spent more than Rs.15,00,000/- for my marriage .50 sowarans of gold jewels and house ho;d articles worth of about Rs.2,00,000/- were presented during the course of my marriage . I already filed the photographs along with CD regarding the jewels and house-hold articles presented to me at the time of marriage and the same may be read as part and parcel of this proofaffidavit . various models of gold jewels and house-hold articles worth of several laks of rupees presented to me at the time of marriage I staken out in alist at the time of marriage itself , containing five pages is duly signed by the Respondent‘s brother –in-law -Mr. stalin and the same is already wit the main petition and the same may be read as part and parcel of this proof-affidavit .I along with the Respondent’s mother opened joint Bank account at State Bank of India, Arni. The gold Jewels and silver articles and all other articles belonging to me presented at the time of marriage totaling fifty soveren is kept in the locker at state Bank of India. Arni. 9. I state that subsequent to my marriage I am not in a position t avail leave in the company ,hence with loss of pay alone, I travelled to Muscat with the funds provided by my father and I stayed with the Respondent for a month at Muscat. The Respondent informed me that due to his punctual and hypocritical work the management has not paid salary foe three consecutive months and the management instructed the Respondent to resign the job since he is not-sincere in work . Accordingly, the next day , the Respondent was put out employment by the management . I alone returned to Arni during September 2011. The respondent returned to Arni in the month of October 2011. I continued my employment at Wipro ,Bangalore and during weel-end I used to arrive to Arni.During my stay at Arni , with my open eyes, perceived that the Respondent is addicted to all bad habits whereby I was put under shock and surprise .The Respondent and his family members deliberatels suppressed the conduct of the respondent . The Respondent also informed me that his mother is form different religion and caste. The Respondent and his mother and also his relatives used to conduct prayers in group on every occasion at home . The Respondent’s mother also insisted me to offer prayer on every occasion but

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I being Hindu cannot be converted into Christain . The Respondent and his family members deliberately concealed the above –said facts and solemnized the marriage .