The main legal point established in the judgment is that the concept of cruelty in matrimonial matters should be judged based on an overall consideration of all relevant circumstances, and mental cruelty is a state of mind and feeling with one of the spouses due to the behavior or behavioral pattern by the other.

This appeal is focussed as against the order passed in H.M.C.M.A.No.17 of 2000 dated 11.09.2002 on the file of the District Judge, Ramanathapuram, confirming the order passed in H.M.O.P.No.12 of 1999 dated 20.09.2000 on the file of the Subordinate Judge, Ramanathapuram.

2. For convenience sake, the parties are referred to hereunder as husband and wife.

3. Thenutshell facts which are absolutely necessary and germane for the disposal of this Civil Miscellaneous Second Appeal would run thus:

Broadly but briefly, the case of the husband who filed H.M.O.P.No.59 of 1998 for divorce as against the wife, could be narrated thus:

(i) The Hindu marriage between the petitioner/husband and the respondent/wife took place on 31.01.1994 in Madurai as per Hindu Rites and Customs. Thereupon, they lived together at Chromepettai, Chennai. The petitioner at the time of marriage was working as Project Scientist at Chennai and the respondent/wife was a student of B.Sc., and she completed the course after the marriage. The wife had inferiority complex as she had bad smell emanating from her mouth because of her decayed teeth. Virtually, she did not have any teeth. A sum of Rs.12,000/- (Rupees Twelve Thousand only) was spent for replacement of her entire teeth and the said amount was spent on the husbands side. However, she of her own accord got that amount returned to the husband by her father who is the resident of Paramakudi.

(ii) She because of her own conduct did not move with the petitioner or his relatives with cordiality. She preferred to travel along with the petitioners father and mother to various places and thereby shunned the company of the husband. She was shy of speaking with her husband even after eight months of marriage. Because of her inferiority complex about her physical appearance, she wanted to pave the way for the petitioner to marry a wise and pleasant looking girl by the respondent by committing suicide. While celebrating "Thalai Deepavali", there were some differences of opinion between the families of the petitioner and the respondent. The wifes father behaved rudely. The wifes mother passed derogative remarks as against the petitioners parents. The wife neglected to perform the household work and cooking. She shouted in front of her relatives that the petitioner was not providing any presents to her. The wife started behaving cruelly towards the husband. The owner of the house in which the couple stayed, provided food at times, because of the negligent attitude of the wife. The wife used to go alone to shops, Railway Station and temples which caused mental agony to the husband.

(iii) The husband and the wife lived upto February 1996. Only after the marriage, the wife completed her Graduation. As such, ever since June 1994 till February 1996, the couple lived together, but she was cruel towards the husband and thereafter she deserted the matrimonial home and went to her parents house. On 13.04.1996, the petitioner went to the wifes parents house for Chithirai Vizha where there was ill-treatment meted out to him and false allegations were made as against him and his family members. Attempts were made to reunite the couple ended in vain due to the non coopeative attitude of the wife in resuming cohabitation. On 16.08.1997, the wifes father took away the utensils, jewels and sarees etc., belonging to the respondent from Madurai. The petitioner went to U.S.A for working in California. No issues were born to the couple. The wifes father filed the complaint with the police as though there was a demand for Rs.12,000/-by the petitioner. Since the wife threatened that she would commit suicide, he was afraid of taking her to Bangalore earlier, when he was at Bangalore. Accordingly, he prayed for divorce.

4. Per contra, denying and disputing, challenging and impugning the allegations/averments, the wife filed the counter which could be pithily and precisely set out thus:

(i) The husband ever since the marriage neglected