Court cannot insist for evidence in the matter of cruelty by wife.

(Civil Miscellaneous Appeal filed under Family Courts Act, 1984, against the judgment and decree passed in F.C.O.P. No.215 of 1997 by the I Additional Judge, Family Court, Madras on 23.04.1999.)

V. Dhanapalan, J.

This Civil Miscellaneous Appeal is directed against the decree and judgment dated 23.04.1997 passed by the I Additional Principal Judge, Family Court, Madras in FCOP No.215 of 1997.

2. The appellant and the respondent are husband and wife respectively. The appellant had filed a petition for dissolution of marriage between them by a decree of divorce on the ground of cruelty under Section 13(1) (i-a) of the Hindu Marriage Act, 1955. The Family Court, after comprehensively dealing with the matter, dismissed the petition holding that the respondent has not treated the petitioner with cruelty and rejected the appellant's prayer to dissolve the marriage which took place on 23.08.1992. The appellant, aggrieved by the judgment of the Family Court, has preferred the present appeal on various grounds.

3. The appellant's case in brief is as under:

a. The appellant married the first respondent on 23.08.1992 according to Hindu rites and customs. Subsequently, the marriage was registered at Adyar Registrar's Office on 25.01.1993. Prior to this marriage, the appellant married one Shantha in the year 1961 and lived with her for 30 years. There was no issue out of the appellant's first wedlock and hence, the appellant and his first wife a three month old boy Sivakumar, by following due legal procedure of adoption on 02.11.1978. The said Shantha died in the year 1991. At the time of filing the petition, the adopted son was studying B.Com. The appellant's mother was also residing with them. After the death of his first wife, the present married the respondent herein.

b. The second marriage life of the appellant was smooth till 1994 and thereafter, since early 1995, the respondent's attitude towards the appellant, his mother and son changed. In course of time, the respondent started beating the appellant and his son with whatever item she could lay her hands upon. She, at times, bit the appellant, spit on the face of the appellant, his mother and son. All of a sudden, during nights, she became hysterical, woke up the appellant and his son Sivakumar and without any reason wallop them. She also asked the appellant to get rid of his son Sivakumar and demanded him to transfer all his belongings in her name but the appellant did not heed to her request explaining that as long as he is alive, he would hold the properties and the question of inheriting the property could be discussed later. Provoked by this, she abused the appellant in public places like temples and relatives' and friends' houses. Many close friends like Kalyani Easwaran and P.N. Kumar would bear testimony to the inhumane and intolerable behaviour of the respondent towards the appellant, his aged mother and his son.

c. The appellant is the Managing Director of Reliance Foods Pvt. Limited carrying on business in sports goods and equipments and there were three persons working under him in the showroom. In addition to this, the appellant is also running a consumer products distributing agency in the name of Reliance Agencies in which also, three persons were employed.

d. While so, the respondent started a new practice of coming to the business spot and unnecessarily picking up quarrel with the appellant in front of the staff and customers and cause embarrassment to him. She interfered with the working of the staff using foul language against them and also threatened to send them out of employment. The staff members appealed for better behaviour of the respondent but in vain. The appellant tolerated all the humiliations for a period of two years and a stage came for the appellant that it would not be possible for him any more to live with the respondent. The appellant with the knowledge that the respondent was a twice divorced woman, married her with the hope that during his