Madras High Court
Senthil Kumar Premraj vs Kathryn Premraj on 21 September, 2021
C.S.No.211 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2021
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
C.S.No.211 of 2020
Senthil Kumar Premraj ... Plaintiff
-Vs.-
Kathryn Premraj ... Defendant
Prayer: Civil Suit filed under Order IV Rule 1 of the Original Side Rules
read with Order VII Rule 1 of the Code of Civil Procedure, praying to pass
a judgment and decree in favour of the plaintiff and as against the
defendant:
(a) A perpetual injunction restraining the defendant or any other
person claiming under / through her from in any manner proceeding with
the Complaint Docket No:-2019-DR-42-2875, on the file of the Hon'ble
Family Court, Seventh Judicial Circuit or any connected proceeding
therewith, in any manner whatsoever,
(b) A perpetual injunction restraining the defendant or any other
person claiming under/through her from in any manner filing, instituting
and continuing, inter alia, any proceedings involving Divorce,
Termination of Parental Rights, Custody of children, Minor children's
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C.S.No.211 of 2020
name change or other issues arising out of the matrimonial relationship of
the plaintiff and the defendant in any forum in the Country of USA and for
the cost of the suit.
For Plaintiff : Mr.C.Manikumar for
Salai Varun
For Defendant : Ex-parte
JUDGMENT
The present Civil Suit has been filed by the plaintiff for the above
mentioned prayers.
2. The case of the plaintiff is as follows:
(a) The defendant is a citizen of the U.S.A. The plaintiff and the
defendant had met each other when the plaintiff was pursuing his Master's
degree at the University of Iowa, U.S.A. They fell in love with each other
and got married in the year 2011. Out of the wedlock, they were blessed
with two children viz., Koral Ella Premraj and Ocean Arul Premraj.
Though the defendant was a Christian, she had embraced the Hindu way of
life and worship.
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C.S.No.211 of 2020
(b) In the meanwhile, the plaintiff faced certain challenges in his
business which led to financial losses and therefore, the plaintiff after
discussing the issue with his wife, the defendant herein, had decided to
relocate to India, the defendant had also expressed her happiness for the
same. According to the plaintiff, the defendant's parents who were not
happy with their daughter being relocated to India, started planting the
seeds of suspicion in her mind. The defendant started quarreling with the
plaintiff and developed hatred towards him.
(c) According to the plaintiff, when he had come to India on a
business trip, to his shock and dismay, he received an e-mail from the
defendant's lawyer stating that an action for separate support and
maintenance was moved by the defendant in Spartanburg County Family
Court in Complaint bearing Docket No.2019-DR-42-2875 dated
14.10.2019. Hence, the plaintiff filed this suit and application for grant of
ad interim injunction.
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C.S.No.211 of 2020
3. This Court vide order dated 09.09.2020, granted an ad interim
injunction in favour of the plaintiff.
4. Despite notice served on the defendant and her name printed in
the cause list, she had neither appeared in person nor through a counsel on
her behalf. Therefore, the defendant was set exparte by this Court vide
order dated 20.11.2020 and the suit was posted before the Master Court for
recording evidence.
5. In order to prove his case, the plaintiff filed proof affidavit and he
is examined as P.W.1 and got marked Exs.P1 to P13. Ex.P1 is the
photocopy of Aadhaar Card of the plaintiff. Ex.P2 is the photocopy of
Indian Passport of the plaintiff. Ex.P3 is the photocopy of Flight tickets
evidencing the arrival of the plaintiff and the defendant to Chennai for the
wedding dated 29.03.2011. Ex.P4 is the photocopy of the Flight tickets
evidencing the arrival of the defendant's parents to Chennai for the
wedding dated 29.05.2011. Ex.P5 is the photocopy of the photographs of
the marriage solemnized as per Hindu rites and customs dated 05.07.2011.
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C.S.No.211 of 2020
Ex.P6 is the photocopy of the reception invitation dated 16.07.2011. Ex.P7
is the photocopy of the memorandum of Association of Grand World Elder
Care Pvt.Ltd., a company incorporated by plaintiff in India evidencing his
intention to move to India dated 18.03.2015. Ex.P8 is the photocopy of the
Shareholder's Agreement evidencing shareholding pattern of the plaintiff
dated 05.07.2017. Ex.P9 is the photocopy of the Bank statement of the
plaintiff ending on 21.01.2019 evidencing repayment made to his relatives
in lieu of loan borrowed for the purchase of the house dated 21.01.2019.
Ex.P10 is the photocopy of the complaint for separate support and
maintenance filed by the respondent bearing Docket No.2019-DR-42-
2875, on the file of the Family Court, Seventh Judicial Circuit,
Spartanburg County, State of South Carolina dated 14.10.2019. Ex.P11 is
the photocopy of the E-mail received from the defendant's lawyer
informing him about an action brought against him in complaint bearing
Docket No.2019-DR-42-287 for separate support and maintenance dated
01.11.2019. Ex.P12 is the photocopy of the consent order appointing
guardian ad item passed by the Family Court, Seventh Judicial Circuit,
Spartanburg Docket No.2019-Dr-42-2875 dated 10.02.2020. Ex.P13 is the
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C.S.No.211 of 2020
photocopy of the E-mail sent by the guardian ad item appointed by the
Family Court, Seventh Judicial Circuit, Spartanburg County, State of
South Carolina dated 30.06.2020.
6. A perusal of the evidence of PW.1 coupled with the exhibits
would reveal that the plaintiff has proved his case. Therefore, the plaintiff
is entitled to the relief as prayed for.
7. Accordingly, the Civil Suit is decreed as prayed for. No costs.
21.09.2021
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C.S.No.211 of 2020
Witnesses examined on
behalf of the Plaintiff:
P.W.1 – Mr.Senthil Kumar Premraj
Witnesses examined on
behalf of the Defendant:
None
Exhibits marked on behalf
of the Plaintiff :
Ex.P1 - photocopy of Aadhaar Card of the
plaintiff;
Ex.P2 - photocopy of Indian Passport of the
plaintiff;
Ex.P3/dated 29.03.2011 - photocopy of the Flight tickets of the
plaintiff;
Ex.P4/ dated 29.05.2011 - photocopy of the Flight tickets of the
defendant's parents;
Ex.P5/dated 05.07.2011 - photographs of the marriage between
plaintiff and the defendant;
Ex.P6 /dated 16.07.2011 - photocopy of reception invitation;
Ex.P7/dated 18.03.2015 - photocopy of memorandum of
Association of Grand World Elder Care
Pvt. Ltd;
Ex.P8/dated 05.07.2017 - photocopy of shareholder's agreement;
Ex.P9/dated 21.01.2019 - photocopy of the bank statement of the
plaintiff;
Ex.P10/dated 14.10.2019 - photocopy of the complaint for separate
support and maintenance filed by the
defendant;
Ex.P11/dated 01.11.2019 - photocopy of the E-mail received from
the defendant's lawyer;
Ex.P12/dated 10.02.2020 - photocopy of the consent order
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C.S.No.211 of 2020
appointing guardian ad item passed by the
Family Court, Seventh Judicial Circuit,
Docket No.2019-Dr-42-2875
dated 10.02.2020;
Ex.P13/dated 30.06.2020 - photocopy of the E-mail sent by the
guardian.
Exhibits marked on behalf
of the Defendant:
Nil
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C.S.No.211 of 2020
V.PARTHIBAN, J.
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C.S.No.211 of 2020
21.09.2021
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