The suit for recovery of money between spouses is maintainable in a Civil Court, as it concerns civil disputes arising from their marital relationship.

JUDGMENT

This Appeal has been filed to set aside the Judgment and decree dated 24.01.2020 passed in O.S. No. 1298 of 2019 on the file of the learned Additional Judge – VI, City Civil Court, Chennai.

2. For the sake of convenience, the parties to this appeal shall be referred to as per their rank in the trial court as Plaintiff and Defendant.

3. The Plaintiff is the wife of the Defendant herein. Their marriage was solemnised on 01.06.2014 at Arulmighu Karumari Amman Temple, Thiruverkadu as per Hindu rites and customs. Their marriage was a love marriage and the parents of the Plaintiff did not accept her marriage with the Defendant. Even at the time of marriage, the Plaintiff brought 30 sovereigns of gold ornaments and spent Rs.25 lakhs for the marriage. After marriage, the Plaintiff as well as Defendant stayed in the house of the Defendant along with his parents and brother.

4. According to the Plaintiff at the time of marriage, both of them were employed in Citi Bank. It is stated that before the marriage, the Defendant assured the Plaintiff that she can continue the job even after marriage. However, after the marriage, the Defendant asked the Plaintiff to resign her job and to do household works. The Plaintiff was made to do all the house hold works like a servant maid. Further, for one reason or the other, the Defendant postponed to have a child. It is further stated that the Defendant availed loans for the purchase of a car, two wheeler and also availed personal loan. He is a spend-thrift who used to spend lavishly for purchase of dress and other accessories. Even before marriage, the Defendant used to borrow money by citing some reasons, but he never returned back. Similarly, after marriage, the Defendant insisted the Plaintiff to pay him money. Accordingly, the Plaintiff transferred several amount from 2014 till 2017 from her 3 savings bank account, thus, paid a total sum of Rs.7,45,530/-. That apart, the Plaintiff has paid several amount by way of cash to the Defendant, but there was no proof for the same. According to the Plaintiff, she was also constrained to top up the loan and paid the Defendant various amounts and by utilising the same, the Defendant has purchased a bike for Rs.73,709/- and Rs.6,29,905/- for closing the credit card outstanding. Until the Plaintiff was in her employment, she repaid the loan amount from her salary. However, during December 2016, she lost her job and became dependent upon the Plaintiff for everything. However, the Defendant had developed illicit intimacy with one Uma Backiyalakshmi and ignored the Plaintiff. When it was questioned, the Defendant left his house on 27.06.2017 and his whereabouts were not known. The Plaintiff therefore gave a complaint to the ICF Police based on which a case in Crime No. 686 of 2017 was registered. Ultimately, the Defendant was traced at Andaman and he expressed his unwillingness to live with the Plaintiff. Accordingly, the Defendant filed an application seeking dissolution of marriage before the Family Court, Chennai but he withdrew it. Thereafter, he filed HMOP No. 2690 of 2018 before the V Additional Family Court, Chennai. According to the Plaintiff, for the amount paid to the Defendant, she is repaying the loan to the tune of Rs.18,000/- per month. In such circumstances, the Plaintiff has filed the suit for recovery of Rs.7,45,530/-, Rs.10,00,000/- and Rs.4,51,945/- with interest and to direct the Defendant to pay Rs.1,35,000/- being the court fee paid by her for instituting the suit.

5. On notice, the Defendant filed a written statement stating that for commemoration of the marriage, it was the Defe