The judgment emphasizes the need to prove mental cruelty and intentional permanent forsaking and abandonment for desertion under the Hindu Marriage Act.

R. BANUMATHI, J.

This Appeal arises out of the Judgment of the Family Court dated 24. 2004 made in O.P.No.73 of 2004 on the file of I Additional family Court, Chennai allowing the Petition filed by the Respondent/husband under Sections 13(1-a) and (1-b) of Hindu Marriage Act on the grounds of cruelty and desertion. The unsuccessful wife is the Appellant.

2. The marriage between Appellant and Respondent was solemnised on 15. 1986 and a daughter was born on 14. 1989. After the marriage, the spouses were living in Bangalore. The averments in the Petition filed by the Respondent/husband are as under:

The Appellant used to pick up quarrel with Respondents aged mother and sister and the Appellant frequently was threatening that she would file dowry complaint. The Respondent further averred that the Appellant often threatened to commit suicide and thus caused mental agony to the Respondent. Due to differences, the Appellant left the matrimonial house in 1991. The Respondent filed Petition for divorce on the file of Family Court, Bangalore in O.P.No.203 of 1992 under Section 13(1)(1a) of Hindu Marriage Act. Simultaneously the Appellant filed M.C.No.84 of 1992 on the file of Family Court, Chennai claiming maintenance. In the said M.C.No.84 of 1992, an order was passed for maintenance of Rs.600/- per month. It was thereafter the Respondent filed a petition for divorce. Thereafter they reconciled and the Respondent/husband has withdrawn the divorce petition. The Appellant is said to have rejoined her husband in May 1994 and lived with him for six months. The Respondent further averred that during those six months, the Appellant has been threatening to commit suicide by pouring kerosine, which caused mental agony to the Respondent. According to the Respondent, the Appellant left the matrimonial house in October 1994 and thereafter she has not rejoined the Respondent. Stating that the conduct of the Appellant has caused mental agony and that she has intentionally deserted the matrimonial house, the Respondent filed the Petition for divorce on the grounds of cruelty and desertion.

3. The Appellant resisted the Petition by filing counter affidavit contending that she was treated very badly by the Respondent and his mother and sister and that she was compelled to leave the matrimonial house as they were about to pour kerosine on her. The Appellant further averred that she was treated cruelly by mother-in-law and sister-in-law.

4. According to the Appellant, she got her maintenance amount enhanced and at that stage the Respondent has filed second divorce petition as a counter blast to the maintenance claim of the Appellant. Denying the averments in the Petition, the Appellant contended that the Respondent and her in-laws have been treating the Appellant cruelly and that she was driven out of the matrimonial house. Stating that the averments in the petition as to cruelty and desertion are vague and full of contradictions, the Appellant prayed for dismissal of the Petition.

5. Before the Family Court, the Respondent examined himself as P.W.1 and Appellant examined herself as R.W.1. Her father – P.M.Palani was examined as R.W.2. The marriage invitation was marked as Ex.P.1.

6. Upon consideration of oral and documentary evidence, the learned judge of Family Court held that the Appellant was unnecessarily picking up quarrel with the Respondent and in-laws and thereby causing agony and cruelty to the Respondent. Referring to certain answers of the Appellant, both in chief examination and cross examination, the Family Court held that the allegations made by the Respondent as to the illicit contacts appears to be probable. The Trial Court faulted the Appellant for not taking steps for restitution of conjugal rights and that she was interested only in filing maintenance case and collecting maintenance from the Respondent. The trial Court observing that the Appellant was not interested in cooking for the family and that she has intention