BEFORE THE CITY CIVIL COURT AT CHENNAI

O.S. NO. /2022

P. Mahalakshmi,
D/o. Parthasarathi
No.1, Thoppai Street,
Periamet, Chennai 600 003.

Present address :
104-106, Picton Street,
Newtown, Port of Spain,
Trinidad and Tobago.

Represented by her POA:

P. Sarala,
No.1, Thoppai Street,
Periamet, Chennai 600 003
...Plaintiff
VS
V. Vijayakumar
S/o. Viswanathan,
No.5, Alagar Street,
Ramakrishnapuram, Tambaram, Kancheepuram,
Tamil Nadu - 600 059

Working Address:
104-106, Picton Street,
Newtown, Port of Spain, Trinidad and Tobago.
...Defendant
 PLAINT FILED UNDER ORDER VII RULE I OF C.P.C.

1. The Plaintiff is Mrs. P. Mahalakshmi, Daughter of Mr. Parthasarathi, Hindu,

aged about 44 years, resident of No.1, Thoppai Street, Periamet, Chennai,
Tamil Nadu - 600003, Presently residing at: 104-106, Picton Street,
Newtown, Port of Spain, Trinidad and Tobago, represented by her POA, her
Mother, Mrs. P. Sarala, W/O. Parthasarthy, Hindu, Aged about 65 years,
residing at No.1, Thoppai Street, Periamet, Chennai, Tamil Nadu - 600003.

The address for the service for the plaintiff for all notices and processes is same
as stated above.

2. The Defendant is Mr. V. Vijayakumar, S/o. Viswanathan, Hindu, aged about

50 years, resident of No.5, Alagar Street, Ramakrishnapuram, Tambaram,
Kancheepuram, Tamil Nadu - 600 059, and his Working Address is
104-106, Picton Street, Newtown, Port of Spain, Trinidad and Tobago.

The address for the service for the defendant for all notices and processes is
same as stated above.

3. The Plaintiff submits that the marriage was solemnised between the
petitioner and the defendant on 13-06-2002 at "Mars Thirumana
Mandapam" No. 768, Pammal Main Road, Pallavaram, Chennai- 600043 ,
and it was registered on 14-06-2022 under the Tamilnadu Hindu Marriage
(Registration) Rules,1967 in the sub registrar office of Periamet as per
hindu rights and customs in the presence of all relations and friends and
well wishers of both the families. It is a arranged marriage and out of the
said wedlock two children were born between the plaintiff and the
 defendant namely 1. V. Akaash son aged about 19 years and, 2. V. Reya,
daughter aged about 14 years.

4. The Plaintiff submits that the parties hereto constitute a Hindu family. That
the Plaintiff is the wife of the Defendant and she had given 50 sovereigns of
Jewellery to the Defendant which was given during the marriage as
Shridhana by the parents of the plaintiff of which 13 sovereigns were sold
and the rest was pledged in the year 2010 to build a property in Maraimalai
Nagar and she had been recurring the pledge again to develop the property
of the defendant in Aynavaram.

5. The Plaintiff submits that the Property in Maraimalai nagar is situated at

No.108, Ambedkar Street, NH-1 Maraimalai Nagar, Kattankalathur
ondrium Chengalpet District - 603209. The above mentioned property was
bought in the year of 2004 and the Property is under the name of the
Defendant. The Defendant had plans to construct the Property in the year of
2010.

6. The Plaintiff submits that in the year of 2010, the Defendant and the
Plaintiff decided to build a house in the property situated at Maraimalai
Nagar and as the Defendant had a temporary job and used to work on work
permits, the defendant was out of money to start the construction of the
Property. The plaintiff and the defendant applied for loan to build the
property, but the defendant insisted that the approval of loan would take
ample amount of time and all his earnings were used predominantly for day
to day expenses.

7. The Plaintiff further states that only upon complete reliability over the
defendant, the plaintiff agreed to sell 13 sovereigns and pledge 37
sovereigns of jewellery. The plaintiff who was working as Freelancer before
the marriage, through her hard work over the years had saved an amount of
 Rs 5 lakhs at her home. The Defendant insisted that the money that was
received through the pledging and selling of jewels is not sufficient and that
he is in dire need of amount for the progression of work. The Plaintiff upon
complete credence, entrusted the defendant with the money as the plaintiff
believed that the forethought of the defendant is to grow the family.

8. The Plaintiff states that later the loan was approved and a loan amount of
Rs 20 lakhs was approved by the Indian Bank, Kellys Branch upon the
Joint account held by the Plaintiff and the Defendant. Further, since the
salary of the Defendant was not enough to manage the expenses of the
family and as the Plaintiff was not allowed to work and was completely
dependent on the Defendant financially when she lived outside India, due to
which, whenever the Plaintiff visits India, she used to work tirelessly day
and night as freelancer beautician and used to save and spend the money for
the family.

9. The Plaintiff further states that since the construction of the property in
Maraimalai Nagar, all the repair works including the maintenance work and
painting works every year will be done only out of the Plaintiff money. All
the taxes with regard to the property was also paid only by the plaintiff
every year.

10. The Plaintiff further states that, the loan amount that was taken from the
Indian Bank, Kellys Branch was repaid by the plaintiff by the money she
earned as Freelancer beautician in India and along with this the Plaintiff
also repayed the loan money for the jewels that was pledged in Indian
Bank, Kellys Branch . Further, whenever the Defendant required money for
the Construction purpose, the Plaintiff would immediately pledge some of
her home jewellery at local pawn shop. The Plaintiff had immensely
contributed in construction of the building at Maraimalai nagar.
11. The Plaintiff submits that the Property in Ayanavaram is situated at No.3,
Periyar salai, Ayanavaram, Chennai, Tamilnadu - 600023 is under the name
of the Defendant from the year 2013 and as there was a 100 year old
building, it was completely demolished and the Construction work began in
the year of 2017. Further, in the year of 2013, as the plaintiff and the
defendant used to travel outside India, the defendant out of his own will
gave general power of attorney to the mother of the Plaintiff.

12. The Plaintiff further submits that the main rationale behind the general
power of attorney was that, the defendant did not have amicable
relationship with his parents. Whenever they used to visit India, the parents
of the Defendant were not welcoming to the Plaintiff. They will not provide
even a separate room to the Plaintiff and her child. Whereas, before their
marriage, the parents of the Defendant stated that they have 3 houses, one
in Valsaravakkam, one in Aynavaram and one in Tambaram , and that they
could reside in any of the above houses whenever they visited India.
Whereas in reality, they did not provide even a single room, due to which,
the Plaintiff started to live in her maternal home itself along with the
defendant. The main forethought to build a property in Maraimalai nagar
was due to the parents of the Defendant as they had not allowed the
Plaintiff and the Defendant along with their kids to reside in their house.

13. The Plaintiff further submits that she and the Defendant began to construct
the building in Ayanavaram in the year of 2017 wherein as the plaintiff and
defendant was residing outside, the mother of the Plaintiff to whom the
general power of attorney was given by the Defendant, started to execute
the Construction works in Ayanavaram. Further, as the Defendant stated
that he does not have enough money to execute the construction, the
plaintiff again entrusted the defendant with 37 sovereigns of gold as already
13 sovereigns of gold was sold by the defendant for the construction
 purpose of the property situated at Ayanavaram. The jewellery was pledged
again at various times in Indian Bank, Kellys Branch and if the appraiser is
not available at that branch then the gold will be pledged at Indian Bank,
Azhagappa Branch.

14. The Plaintiff submits that with respect to the property in Ayanavaram, the
charges for registration under the name of defendant and the costs for
approval of Construction was done only by pledging the jewels of the
Plaintiff. This loan was paid back by the plaintiff by working whenever she
visits to India.

15. The Plaintiff submits that as the daughter and their son are studying in
Private school, and there was educational expenses, the home loan was paid
by the Plaintiff who used to come and work whenever she visits India and
used to pay back the home loan using that money.

16. The plaintiff submits that till date the loan had not been settled and that it is
the Plaintiff who had been settling the Interest amount. The Plaintiff's
mother had built the ground floor and first floor at Aynavaram and The
Ground floor was let out on lease and the lease amount which was given by
the lessee was again used with good motive to build the first floor which
was done with the knowledge and acceptance of Defendant.

17. The plaintiff submits that till the mid year of 2021, the plaintiff and the
defendant were living together happily and the defendant out of his own
money sent the Plaintiff and their daughter to India during vacation period
in June 2021 and stated that as he was unable to get leave from his office,
he will be joining them later.

18. The Plaintiff submits that when they visited India during the vacation
period, their main intention was to flew back to Trinidad and Tobago within
 a period of month after attending all the family functions, but, the
government of India stated that all are subjected to covid vaccination
without which, travelling to other countries will not be allowed. The
Plaintiff had to stay in India till the period of December and it was
mandatory to stay for 15 days after the Second Vaccination due to which
she travelled back to Trinidad and Tobago on 6th December 2021.

19. The Plaintiff submits that when she reached the house at Trinidad and
Tobago, the defendant ran away seeing her, and the petitioner was
completely shocked seeing this act of Defendant. The Plaintiff saw the
suitcase of the Defendant with the flight tag of India and when she came
across further, she saw the Bills of his stay at Goa and also there were red
roses with a keychain. The Defendant called his daughter and stated that he
is going to live with Gomathi who is the wife of Plaintiff's brother and that
he requires the keychain which was gifted by her. The Plaintiff was utterly
shattered by these statements.

20. The Plaintiff submits that the Defendant had without the knowledge of the
Plaintiff travelled to Goa but stated to the Plaintiff that he is staying only in
Trinidad and during that period he sent a divorce notice to the address
where the Plaintiff doesn't reside and had ensuing plans to get divorce
without letting the Plaintiff know about this and also to get divorce without
giving any maintenance to the Plaintiff and intended to get divorce at back
door with cruel intentions.

21. The Plaintiff further submits that when the Defendant came to know that
the Plaintiff along with her daughter is reaching Trinidad on 6-12-2021, the
unscrupulous Defendant made another plan and awaited till they reached
the home and when the Plaintiff reached, the Defendant left the house and
went to police station of Trinidad and made a complaint stating that the
 Plaintiff had attacked him and that his life is at risk due to the Plaintiff.
Further, the Defendant took this fallacious complaint to the immigration
office and insisted to the officials to cancel the Visa and Bond including the
bond money of the Plaintiff's son and received back the bond money of
24000 TT$ ( Rupees Two lakhs eighty two thousand two hundred and fifty
nine in Indian currency) and submitted this fallacious affidavit before the
Court of Trinidad.

22. The Plaintiff submits that a divorce case HMOP. NO 4852 of 2021 between
the plaintiff and the defendant is pending before the Hon'ble Family Court,
Chennai and the Defendant had sent some goons to the Property at
Maraimalai Nagar and had broke the lock and had replaced it with a new
lock and took the entire control over the Property. Further, with respect to
the property situated at Ayanavaram, the Defendant had gone to tenants
house and in one of the portions, the people who were residing were openly
throne out without any notice and an old man who was resting on a cot was
also locked inside.

23. The Plaintiff submits that the defendant of late has become very conniving
since the association with one Gomathi, he started to liquidate all his assets
so as to defeat the rightful claims of the plaintiff and her children herein
who are starving . The Plaintiff further submits that she is left to the mercy
of Trinidad government in a home wherein she has undergone an operation
and is awaiting to be operated again. The Plaintiff further states that she is
not aware whether she will get through the operation as it is life
threatening.

24. The Plaintiff submits that since she had contributed for the construction of
property situated at Maraimalai Nagar and at Ayanavaram, a partition of the
property is to be made wherein 1/2 share of the property at Maramalai
 nagar and 1/2 share of property at Ayanavaram is to be made. This is made
not only with the intention of partition but also it is for the purpose of
maintenance as according to the Supreme Court, any contribution to any
immovable property made during the marital period is to be divided among
the husband and wife.

25. That the cause of action accrued to the plaintiff on when the marriage was
solemnised between the plaintiff and the defendant on 13-06-2002 at "Mars
Thirumana Mandapam" No. 768, Pammal Main Road, Pallavaram,
Chennai- 600043 and subsequently when it was registered on 14-06-2022
under the Tamilnadu Hindu Marriage (Registration) Rules,1967 in the sub
registrar office of Periamet and subsequently when they started their
matrimonial life at their marital house and subsequently when the plaintiff
had given 50 sovereigns of Jewellery to the Defendant which was given
during the marriage as Shridhana by the parents of the plaintiff of which 13
sovereigns were sold and the rest was pledged in the year 2010 to build a
property in No.108, Ambedkar Street, NH-1 Maraimalai Nagar,
Kattankalathur ondrium Chengalpet District - 603209 and subsequently
when a loan amount of Rs 20 lakhs was approved by the Indian Bank,
Kellys Branch upon the Joint account held by the Plaintiff and the
Defendant and subsequently when she relayed the loan amount by working
during her visits in India and subsequently when the plaintiff again
entrusted the defendant with 37 sovereigns of gold as already 13 sovereigns
of gold was sold by the defendant for the construction purpose of the
property situated at No.3, Periyar salai, Ayanavaram, Chennai, Tamilnadu -
600023 and subsequently when the general power of attorney was given by
the Defendant, to the mother of the plaintiff and started to execute the
Construction works in Ayanavaram and subsequently when the Defendant
left the plaintiff on 06-12-2021 after his illicit relationship with Gomathi.
26. That the plaintiff is permanently residing within the jurisdiction of this
Hon'ble court and all the correspondence from the defendants were received
at this home address and the residence of the defendant is located in the
territory of this Hon'ble Court, hence this court has each and every
jurisdiction to try and entertain this suit.

27. That the value of the suit for the purposes of jurisdiction has been fixed for
Rs. /- and for the purposes of Partition and authorised court fee stamp
of Rs. has been affixed on the plaint.

It is, therefore, most respectfully prayed that a decree for partition to the effect
that plaintiff is entitled to get her share of 1/2 for the property situated at
No.108, Ambedkar Street, NH-1 Maraimalai Nagar, Kattankalathur ondrium
Chengalpet District - 603209. and 1/2 share for the property situated at No.3,
Periyar salai, Ayanavaram, Chennai, Tamilnadu - 600023 , be passed in favour
of plaintiff and against the defendants with costs of the suit. Such other reliefs
as deemed fit and proper in the facts and circumstances of the case may also be
passed in favour of the plaintiff and against the defendant in the interest of
justice.

Dated at Chennai on day of August 2022

POA FOR PLAINTIFF

VERIFICATION

I, Mrs. P. Mahalakshmi ,Daughter of Mr. Parthasarathi, Hindu, aged about 44

years, resident of No.1, Thoppai Street, Periamet, Chennai, Tamil Nadu -
600003, Presently residing at: 104-106, Picton Street, Newtown, Port of Spain,
Trinidad and Tobago, represented by her POA, her Mother, Mrs. P. Sarala, W/O.
Parthasarthy, Hindu, Aged about 65 years, residing at No.1, Thoppai Street,
Periamet, Chennai, Tamil Nadu - 600003, do hereby declare that what are all
stated in the above petition are true and correct to the best of my knowledge,
information and belief.

Verified at Chennai on day of August 2022.

POA FOR PLAINTIFF

SCHEDULE OF PROPERTY

LIST OF DOCUMENTS FILED UNDER ORDER 7 RULE 14(1)

Sl.No. DATE DOCUMENT REMARK

1 Original
2 Original
3 Adhar card of the petitioner Photocopy

LIST OF DOCUMENTS FILED UNDER ORDER 7 RULE 14(2)

Nil at Present
Dated at Chennai on day of August 2022

POA FOR PLAINTIFF

VERIFICATION

I, Mrs. P. Mahalakshmi ,Daughter of Mr. Parthasarathi, the petitioner herein,

represented by her POA, her Mother, Mrs. P. Sarala, do hereby declare that
what are all stated in the above list of documents are true and correct to the best
of my knowledge, information and belief.

POA FOR PLAINTIFF

STATEMENT OF ADDRESS UNDER ORDER VI RULE 14A OF CPC

Petitioner : 1. P. Mahalakshmi,
D/o. Parthasarathi
No.1, Thoppai Street,
Periamet, Chennai 600 003.

Present address :
104-106, Picton Street,
Newtown, Port of Spain,
Trinidad and Tobago.
 Represented by her POA:
P. Sarala,
No.1, Thoppai Street,
Periamet, Chennai 600 003

Respondent : V. Vijayakumar
S/o. Viswanathan,
No.5, Alagar Street,
Ramakrishnapuram, Tambaram, Kancheepuram,
Tamil Nadu - 600 059

Working Address:
104-106, Picton Street,
Newtown, Port of Spain, Trinidad and Tobago.

POA FOR PLAINTIFF

VERIFICATION

I, Mrs. P. Mahalakshmi ,Daughter of Mr. Parthasarathi, petitioner herein,

represented by her POA, her Mother, Mrs. P. Sarala, do hereby verify that the
facts stated above in the statement of address are true and correct to the best of
my knowledge and belief.

Verified at Chennai on this the day of August, 2022.

POA FOR PLAINTIFF