IN THE COURT OF PRINCIPAL DISTRICT JUDGEAT

KANCHEEPURAM.
IDOP No. /2024.

Mr. A. Joseph Clement Raj Petitioner.

S/o. Anthony Samy
No.57, K.K. Nagar,
North Malayambakkam,
Chennai - 600 123.
Vs

Mrs. Sahaya Marie Stella ,

D/o. S. Arulraj
No 8, Gilles Complex
Vellavary Street, Muthialpet
Puducherry, Pin -605003 Respondent.

PETITION FILED U/S.10 1 X INDIAN DIVORCE ACT

1. The Petitioner Mr. A. Joseph Clement Raj S/o. Anthony Samy ,

Christian aged about 50 Years residing at No.57, K.K. Nagar, North
Malayambakkam, Chennai - 600 123, within in the jurisdiction of this Hon’ble
court.
The address of the service to the petitioner stated his Counsel J.
YUVARAJ, P. DURAIRAJ, G. TAMILARASI, A. VIMAL, B. RANJITH
having Office at No.474, Lakshmipuram Road, Poonamallee, Chennai – 600
056.

2. The Respondent Mrs. Sahaya Marie Stella D/o. S. Arulraj Christian aged
about 42 Years residing at No.2/D, Thalavaveera Samy Street, Muthialpet,
Puducherry, Pincode - 605 003 within in the jurisdiction of Hon’ble Family
court, Puducherry.
The address of the service to the Respondent stated above.
3. The petitioner states that the petitioner is retired from Army, his first
marriage was performed with one Mrs. Jacqueline D/o. William Joseph, the
marriage solemnized On.16-09-2004, during said wedlock a male child born
On.09-11-2006 namely Jean Baptist, now 17 years old, the said male child was
under care and custody of the petitioner, due to a fire accident his first wife was
died On.11-05-2008, after demise of his first the petitioner only take care to his
child, his family is a big family, the petitioner have four sister and four brothers,
They saw the child, the petitioner was having trouble raising child and the
petitioner sister were forced to ask the petitioner to get another marriage, due to
completion the petitioner family and future of his child, the petitioner agree to
second marriage.

4. The petitioner further states that relative of the petitioner introduce the
respondent parents, the respondent parents said that the respondent was married
and getting divorced from ex-husband and we looking for a bridegroom for the
respondent, before the marriage, the petitioner told to the respondent that he was
already married and had a son, he was marrying for the sake of his child and the
welfare of the child, you should take good care of the child after marriage, and
the respondent has promised to do just that., the respondent also promise that to
take care of the child, the petitioner believe her promise and accept to the
second marriage.

5. The petitioner further states that their marriage was solemnized On.24-
06-2009 at Velakkanni Temple, Velakkanni, after the marriage the reception
held On.28-06-2009 at K.P. Marriage Hall, Muthialpet, Puducherry, Pincode -
605 003, after the marriage, both are started matrimonial life with the
petitioner's son in the respondent city, because the respondent was working a
Teacher on puducherry, both lead contented lives in just one month alone, first
month from the marriage, the respondent was conceive, after the conceive the
respondent changes her behavior towards of the petitioner and the petitioner's
son, the respondent has hated the petitioner's child and kept cursing and beating
the petitioner's child and not provide proper food, causing the petitioner to
suffer mentally, the petitioner tolerated all the ill behavior of the respondent for
the future of his child.

6. The petitioner further states that In the mean time, two female children
were born to them, the first female child was born on 26-03-2010, namely
Dharshana Jerlin, the second female child was born on 08-11-2013, namely
Patricia Jenita, Now both the children are under the care and custody of the
respondent.

7. The petitioner further states that after the birth of her two daughters to the
respondent, she was mentally harassing the petitioner's son without showing
love and affection toward him, The respondent raised many issues that the
petitioner's son should not be with them, and she harassed the petitioner's son in
many ways. Due to the ill behavior of the respondent, the petitioner took his
child to his sister's house and joined school at the third standard, there was his
son studying from third standard to ninth standard.

8. The petitioner further states that the respondent shouted to the petitioner
that the petitioner's son's name should not be in the family card, the petitioner's
Son's name was removed from the family card without the consent of the
petitioner, This kind of activity of the respondent caused the petitioner to suffer
mentally.

9. The petitioner further states that the respondent fought with the petitioner
not to see his son and not to give any help, then again the petitioner took his son
and left to his sister's house and studied at the petitioner's sister's house from
2015 to 2019, then he took a separate rental room in the complex and
Petitioner's son suffered a lot due to lack of good food, he took care himself,
and completed plus two, now the respondent quarrels with the petitioner that he
should not be given any help for his son's further studies nor should be given
any financial assistance, the petitioner's old mother is living her own village and
the respondent should not see his mother and not any financial assistance and
also scold the petitioner's siblings with very bad words, all this is because the
petitioner is getting Rs.38,000/- pension alone and the respondent working
Government School Teacher, she was earning more than Rs.1,00,000/- P.m., the
petitioner is living in poverty, when the petitioner spoke against her, her mother
Marry Elizabeth and her two brother beat the petitioner to the extent of braking
the petitioner bones and sent throw out from the matrimonial house, this kind
activities of the respondent and her family the petitioner was suffered mentally.

10. The petitioner further states that as the respondent earns more than the
petitioner, he insulted the petitioner by speaking rudely before the petitioner
family members, due to ill activities of the respondent, the petitioner left from
the matrimonial home and stayed with his aged mother, the respondent not care
about the petitioner and his son, after left from the matrimonial she did not take
any steps reunion, the respondent has no concern about the petitioner, there is
no possibility for reunion, finally the petitioner decide getting divorce from the
respondent legally, hence this petition.

11. The cause of action arose that when the marriage was solemnized On.24-
06-2009 at Velakkanni Temple, Velakkanni, when both are living together as
husband and wife, when the petitioner left from the matrimonial home and
stayed with aged mother at No.57, K.K. Nagar, North Malayambakkam,
Chennai - 600 123, within jurisdiction of this Hon'ble court.

16. The court fee of Rs.50/- is affixed on this petition under Article I
schedule- II ( f ) of Tamil Nadu Court Fee and Suit Valuation Act 1955.

17. The Petitioners therefore pray that this Honorable court may be pleased to
pass a judgment and decree.

(a) Dissolving the petitioners marriage which is solemenized

According to Christian rites and customs, on the grounds of Cruelty.
 (b) Pass such further or other orders as this Honorable court may deem
fit and proper in the circumstances of the case and thus render
justice.

( C ) Cost.

Dated at Kancheepuram On this the 5th day of August 2022.

Counsel for the Petitioner. Petitioner.

LIST OF DOCUMENTS FILED UNDER ORDER VII RULE 14 (1) OF C.P.C

S.No Date Description Remarks

1. Marriage Invitation Original

2. Marriage Photo with C.D. Original

3. Marriage certificate Original

4. Petitioner Adar card Xerox

5. Respondent Adar card Xerox

Dated at Kancheepuram On this 19th day of September 2024

Counsel for the Petitioner. Petitioner.

LIST OF DOCUMENTS FILED UNDER ORDER VII RULE 14 (2) OF C.P.C

Nil.

Dated at Kancheepuram On this the 19th day of September 2024

Counsel for the Petitioner. Petitioner

 STATEMENT OF ADDRESS FILED UNDER ORDER VII RULE 14

(A) OF C.P.C

Mr. A. Joseph Clement Raj Petitioner.

S/o. Anthony Samy
No.57, K.K. Nagar,
North Malayambakkam,
Chennai - 600 123.
Vs

Mrs. Sahaya Marie Stella ,

D/o. S. Arulraj
No 8, Gilles Complex
Vellavary Street, Muthialpet
Puducherry, Pin -605003 Respondent.
:

Dated at Kancheepuram On 19th day of September 2024

Counsel for the Petitioners Petitioner

VERIFICATION

I, Mr. A. Joseph Clement Raj S/o. Anthony Samy Petitioner herein do

hereby declare that what is stated in the above paragraphs are true to the best of
our knowledge belief and information.
Dated at Kancheepuram On this the 19th day of September 2024.

Petitioner.

IN THE COURT OF PRINCIPAL

DISTRICT JUDGEAT
KANCHEEPURAM.
IDOP No. /2024.
Mr. A. Joseph Clement Raj Petitioner.
S/o. Anthony Samy
No.57, K.K. Nagar,
North Malayambakkam,
Chennai - 600 123.
Vs

Mrs. Sahaya Marie Stella , Respondent.

D/o. S. Arulraj
No 8, Gilles Complex
Vellavary Street, Muthialpet
Puducherry, Pin -605003

PETITION FILED U/S.10 1 X INDIAN

DIVORCE ACT

J. YUVARAJ

A.VIMAL

Counsel for the Petitioner