Allegation of cruelty must be specific.

Bellie, J.

1. This Civil Miscellaneous Second Appeal is directed against an order of the First Additional Judge, City Civil Court, Madras in C.M.A. No. 225 of 1986 wherein he dismissed the appeal and confirmed the order of the Second Assistant Judge, City Civil Court, Madras in O.P.No.628 of 1982 wherein he ordered judicial separation in a petition filed by the husband against his wife for divorce under Section 13(1)(a) and 13(1)(b) of the Hindu Marriage Act.

2. The petitioner-husband married the respondent-wife on 24-8-1980. During the night of the marriage day itself his wife pleaded with the husband that she did not consent to the marriage but it was forced on her by her parents. He believed what all she said. Because of this there was no consummation of the marriage. He hoped that in course of time she would reconcile to the marriage and there will be consummation. But she never behaved as a wife should behave towards her husband. One day in the Music Academy Hall she sat by the side of one Padmanabhan with whom she had told him that she had intimate association for a long time. She then left his house. In these circumstances the petitioner had to issue a notice to her on 25-2-1981. His attempts through his well-wishers to bring back the wife failed. The petitioner has further stated, with some particulars, that the wife had taken away some articles and cash from his house. He has further stated that the wife began abusing him on the way to the school where he was working as a teacher and other public places and therefore he had to give a complaint to the police on 16-9-1981, and on 18-2-1982 she came to the petitioner's school along with her parents and brother and some hidings and he was abused, assaulted and they tried to kidnap him to murder but they failed in that attempt due to the timely intervention of some teaching staff members. Thus the respondent-wife deprived him of her company and deserted him and committed acts of cruelty. Therefore he had no other alternative but to file the petition for divorce.

3. The respondent-wife in her counter would submit that oh the very night of the marriage day there was consummation. She would deny that she told the petitioner that against her will the marriage was forced on her. She further denied that she told the petitioner about any intimacy of her with any Padmanabhan and would submit that no incident in the Music Academy as alleged happened. She submits that the petitioner is making false allegations against her affecting her chastity. She then submits that after the marriage the petitioner-husband wanted her to give him her salary of Rs. 800 but she did not do so and she deposited the amount in her account in the State Bank of Hyderabad. Because of this he became infuriated and abused her and threatened with dire consequences. She then paid him Rs.300 per month for four months, but still he was not satisfied. She was living with the petitioner for about 70 days and all through she had co-habitation with him. The petitioner was persistently and continuously making false allegations against her attributing immorality to her and he was also forcing her to agree for a divorce by mutual consent and therefore it became impossible for her to live with him any longer and therefore she left his house and went to her parents' house on 17-12-1980. She then denied that she took away with her any of the articles from the house of the petitioner and would submit that on the other hand there are many articles of her with the petitioner. The respondent and her parents alone met the petitioner in his school on 18-2-1982 just for asking him why he was indulging in malicious accusations against her morality and to request him not to indulge any more in such things and it is not true they have taken with them hirelings and assaulted the petitioner. It is the petitioner alone who is guilty of constructive desertion and the respondent did not desert the petitioner. It is also submitted th