Allegations alleged enough to hold wife guilty.

K.M. Natarajan, J.

1. The unsuccessful wife before the Lower Appellate Court has preferred this second appeal.

2. The facts which are necessary for the disposal of this appeal can be briefly stated as follows: The respondent herein filed the petition H.M.O.P. No. 35 of 1983 Under Section 13(1)(a) of the Hindu-Marriage Act for dissolution of the marriage between him and his wife, the appellant herein. The case of the respondent is that the marriage between him and the appellant took place on 26.3.1980 as per Hindu sastricrites and the custom of the community and thereafter they lived together amicably for about seven months. The appellant went to Coimbatore in May, 1982 for confinement and later she gave birth to a male child. Arunkumar. About seven months after delivery, the respondent went to Coimbatore and requested the appellant to return to Karur along with him. She refused to come and live with the respondent. All efforts taken by the respondent to prevail upon her to return to Karur proved to be of no avail. The appellant had deserted the respondent without any reasonable or probable cause. Subsequently, he gave a notice on29.3.1983 through his counsel. The appellant sent a reply with false, frivolous and defamatory allegations and she had gone to the extent of saying that the respondent is a womaniser, drunkard and gambler and further the respondent is a person who would go to the extent of earning through his wife by hook or by crook thereby describing the respondent as a pimp. The above allegations made in the reply have inflicted mental agony to the respondent and as such she has committed legal cruelty to the respondent. Hence the respondent filed the petition for divorce.

3. The said petition was resisted by the appellant herein and in the counter, she denied the allegations levelled by the respondent and inter alia contended as follows: It is stated that after the customary functions with regard to the birth of the child, the appellant and the child were sent with the respondent to Karur. On 2.12.1982 the respondent himself came with the child and the appellant to the appellant's parents' house at midnight stating that the child was seriously ill and that there was no responsive treatment at Karur. Thereafter the child was admitted in Ramakrishna Hospital. Coimbatore with the help of the brother of the appellant, and the respondent left for Karur promising that he would come on the next day with necessary money for medical expenses. But, he did not do so. The alleged mediation and persuasion by the respondent to the appellant to return to Karur are all false. In the reply notice she has clearly expressed her desire to join with the respondent and she only stated therein under what circumstances she led her life with the respondent. It is further stated that she had no intention to attribute qualities to the respondent as he is her own husband. Everything stated in the reply notice is only in the fond hope of the respondent's reformation and not for any other purpose. However, she would aver that the respondent is addicted to liquor and he is in the habit of staying out for days together. He used to appear suddenly on one midnight under the influence of drink and begin to beat the appellant without any reason, It is only the respondent who started beating and scolding the appellant for want of Seer-varisai within three months after marriage. His mother and sister also treated the appellant very cruelly. The respondent is also in bad company/having intimacy with bad character men and women. All efforts taken by her to relieve the respondent from the clutches of bad company proved to be of no avail. It is only the respondent who totally neglected the appellant and the child, and due to the wayward character of the respondent, she had to stay with her family. The appellant was always trying to join the respondent. Hence she prayed for the dismissal of the petition.

4. The trial sub Judge framed four issues with re