Civil Miscellaneous Second Appeal No. 25 of 2006 is filed challenging the order and decree dated 4. 2006 made in H.M.C.M.A. No. 53 of 2005 on the file of I Addl. District Court, Tirunelveli reversing the order and decree dated 29. 2005 made in H.M.O.P. No. 66 of 2003 on the file of I Addl. Subordinate Court, Tirunelveli.

2. Civil Miscellaneous Second Appeal No. 26 of 2006 is filed challenging the order and decree dated 4. 2006 made in H.M.C.M.A. No. 54 of 2005 on the file of I Addl. District Court, Tirunelveli reversing the order and decree dated 29. 2005 made in H.M.O.P. No. 72 of 2003 on the file of I Addl. Subordinate Court, Tirunelveli.

3. The following are the allegations contained in the petition in H.M.O.P. No. 66 of 2003 by the respondent under Section 13 (ia) and (i)(b) of the Hindu Marriage Act 25 of 1965.

3(a) The marriage of both the parties was solemnized as per the Hindu rites on 28. 1987 at Meenakshi Chokkanathar Temple at Aruppukottai, Virudhunagar District the receiption was held on 20.8.1987 at Somasundariammal Trust Kalyana Mandapam at Palayamkottai. During their living in Tamil Nadu Housing Board Colony, Maharaja Nagar, the wife’s attitude towards the husband changed and she began to quarrel for no reason besides making baseless allegations against the husband. She went away and after exchange of notices and after intervention of Ex-Speaker Chellapandian, a compromise was made and thereafter they lived together.

3(b) The husband obtained loan and purchased Plot No. 61, N.G.O. New Colony and constructed a house. Both the parties moved to the new house. The wife started quarreling and began to suspect him without any basis. She also abused him as impotent drunkard and womanizer. Her behaviour totally changed and she looked like a psyche. When the husband met his mother and sister, she began to abuse him in filthy language stating that he has illicit intimacy with them. She refused to cook or provide food. In November 1998, she threw away the bed and looked the door and directed him to live in the upstairs and she never resumed for cohabitation.

3(c) She is working at a scientific assistant in Forensic Laboratory in Tirunelveli Medical College. She did not disclose her income and how she spents but insisted him to give all his earnings and wished that he should not maintain his parents. In January 1999, she came to the upstairs portion and demanded him to transfer the house in her name. She refused to perform her marital obligations and duties for the past three years. She has willfully neglected and deserted the petitioner. She continued to be a sadistic woman without any affection towards him and is always causing mental agony to him. Now, the relationship totally impaired beyond reproach. Hence, a decree may be passed dissolving the marriage which took place between the parties on 28. 1978 by a decree of divorce.

4. In the counter filed by the wife, the following are stated-

4(a) The petition is not bona fide. It is filed mainly for the reason that there is no issue for her and also to marry another lady. His parents, brothers and sisters are also instigating him to get divorce any marry another lady. He with the help of his brother, parents and sisters had married one Subbulakshmi and he is leading an adulterous life with her. He abruptly went away from the house on 14. 2003. While leaving, he also removed the telephone connecting and took away the instrument also and shifted the connection to his new house at Vannarapettai.

4(b) It is false to state that she abused him that he is a impotent fellow, drunkard and womanizer. It is also incorrect to state that he had illicit intimacy with his mother and sister and that the wife refused to cook or provide food to them. It is also false to state that in November 1998, she threw away the bed and locked the door and directed him to live in the upstairs portion. She spent more than six lakhs for construction of the house and allowed the house to be in