The central legal point established in the judgment is the assessment of mental cruelty in matrimonial disputes, emphasizing the need to consider the attending facts and circumstances, the mental process and effect of incidents, and the principle that a party should not be allowed to take advantage of their own wrong.

R. BANUMATHI, J.

1. This appeal arises out of the Order in H.M.O.P.No.1596 of 1997 dated 07.04.2004 whereby the Family Court has allowed the Petition filed under Sec.13 (1) (i-a) of Hindu Marriage Act dissolving the marriage of the Appellant-wife and Respondent-husband on the ground of cruelty. For convenience, the parties are referred as per their array in the Original Petition.

2. Petitioner-husband filed Petition for dissolution of marriage under Sec.13(1) (i-a) of Hindu Marriage Act. Marriage between the Petitioner-husband and the Respondent-wife was solemnized on 012. 1994 and after the marriage, the Petitioner and Respondent cohabited as husband and wife at the Petitioners house at No.49-A, 1st Cross Road, Pillayar Koil street, Maduvankarai, Chennai. Case of Petitioner-husband is that he was treated like a servant and that Respondent-wife was ill-treating him and he was patient when the Respondent ill-treated him. Further case of the Petitioner is that on the evening of 22.02.1996, Respondent left the Petitioners house when she was in the family way. According to Petitioner, father of Respondent performed Seemantham Ceremony on 11.08.1996 and the same was not informed to the Petitioner-husband. Petitioner written a registered letter on 16.08.1996 asking the Respondent to come and live with him amicably, but there was no response. On 011. 1996, out of lawful wedlock a girl child was born. After the birth of girl child, Respondent had given a complaint to the Police and at the intervention of Police and one Parameswaran, panchayat was held and it was agreed that Petitioner would set up a separate matrimonial house. Accordingly, separate residence was set up at Velachery. According to the Petitioner, after the initial milk boiling ceremony, Respondent was taken back by her father and Respondent has not turned as promised. Petitioner had also issued legal notice on 07.05.1997 calling upon the Respondent to come and live with him, for which the Respondent has sent reply on 02.06.1997.

3. Further case of Petitioner is that on 29.09.1997, Respondent had lodged a private complaint before the Court alleging that Petitioner and his family members attempted on her life by pouring kerosene and the same was taken on file as C.C.No.630 of 1998 under Sec.498-A and 406 IPC and other offences. Petitioner and his family members were convicted and sentenced to undergo RI for three months and fine of Rs.3,000/- each was also imposed. Alleging that the offence is of serious in nature which has caused mental cruelty to the Petitioner, Petitioner has filed Petition under Sec.13 (1) (i-a) of Hindu Marriage Act for dissolution of the marriage.

4. Respondent-wife strongly resisted the Petition by filing counter stating that while she was living with the Petitioner and her in-laws, she was treated cruelly and Petitioner and her in-laws tortured her physically and mentally. Respondent has averred that Petitioner and his family members were not satisfied with the quantum of dowry given by the Respondents parents and they started demanding cash dowry of Rs.1,00,000/-for the improvement of M/s.Rajeswari Industries belonging to the Petitioners father. When the Respondent did not bring the money from her parents house, Petitioner-husband and her in-laws beat her and abused her in vulgar language. Respondent has further alleged that on 22. 1996, Petitioner and his sister, brother and father attempted to set fire to her and Respondent has narrowly escaped. Respondent has lodged complaint on 28. 1996 and 312. 1996 to return the jewels and other belongings, but the Petitioner had not returned anything except few sovereigns of gold jewels. After advice and at the intervention of the Police and one Parameswaran, separate residence was set up at Velachery and there again, Petitioner threatened the Respondent to do away with her life, if she comes back to the house of the Petitioner. Left with no other option, Respondent has left the house and sh