The main legal point established in the judgment is the interpretation and application of 'cruelty' under Section 13(1)(i-a) of the Hindu Marriage Act, emphasizing the impact of the conduct on the parties' mental well-being and the breakdown of the marital relationship.

M. VENUGOPAL, J.

1. The Appellant/Respondent (Wife) has filed the instant Civil Miscellaneous Appeal as against the order dated 12.05.2008 in F.C.O.P.No.1835 of 2002 passed by the Learned II Additional Family Court Judge, Chennai.

2. Before the Learned II Additional Family Court Judge, Chennai, during the trial of main F.C.O.P.No.1835 of 2002, on behalf of the Respondent/Petitioner (Husband), witnesses P.W.1 and P.W.2 have been examined (though in the list of witnesses in the Order, it is inadvertently mentioned as P.W.1 to P.W.4) and Exs.P.1 and P.2 have been marked. On the side of the Appellant/Respondent (Wife), no witness has been examined for oral evidence, but Ex.R.1 has been marked for documentary evidence.

3. The Learned II Additional Family Court Judge, Chennai, while passing orders in F.C.O.P.No.1835 of 2002 on 12.05.2008, has, inter alia, observed that 'the Respondent has seriously alleged that the Petitioner/Husband having illicit intimacy with his own mother and her father-in-law leading an adulterous life separately without any basis and such an unproved allegation amounts to cruelty to the Petitioner' and resultantly, granted the relief of Divorce on the ground of cruelty, by dissolving the marriage that has taken place between the parties on 01.10.1999 at No.31, S.V. Koil Second Street, Chennai 600 011, in favour of the Respondent/Husband (Petitioner in F.C.O.P.No.1835 of 2002).

4. The Petition Facts:

(i) The marriage between the Respondent/Petitioner (Husband) and the Appellant/Petitioner (Wife) was solemnised on 01.10.1999 at Shri Bhagyalakshmi Thirumana Arangam, No.407, Poonamallee High Road, Chennai 600 102 as per Hindu rites and customs in the presence of elders and relatives. But the Respondent/Husband and the Appellant/Wife were living together as Husband and Wife at No.31, S.V. Koil Second Street, Chennai 11 and out of the wedlock, a female child was born on 11.10.2000. The child has been Christened name of 'Elaveneil'.

(ii) From the date of marriage, the Appellant/Respondent (Wife) developed a hatred towards the Respondent/Petitioner (Husband) and she started to treat him as an inferior to her status and also used to call him as less educated and utter as 'after all a diploma holder'. The Appellant/Wife used to call him in singular and even in the presence of guests and relatives, she used to call him as 'deiy Murugu/Peri' in an indecent manner without any due respect. Also, the Appellant/Wife used to utter that the Respondent/Husband is not possessing any masculine characters.

(iii) Moreover, the Appellant/Wife treated the parents of the Respondent/Husband in a shabby manner and she used to abuse his mother and used to utter that he and his mother are having illegal relationship.

(iv) The Appellant/Wife has not even spared the father of the Respondent/Husband and on one occasion, she commented that his father is unfit to the little finger of her mother's feet and worthless person. The Respondent/Husband's family is a middle class family and therefore, the Appellant/Wife has not liked it and also she remarked that they are living in a house fit for pigeon and called it as a pigeon- hole house.

(v) Added further, the Appellant/Husband used to utter that her brother wanted to give her in marriage after paying Rs.10 or 15 lakhs as dowry in a rich family. But, due to some reason or other, she has been forced to marry in low earning family and which is unfit to her status.

(vi) Continuing further, the Respondent/Husband has also averred that the Appellant/Wife wanted him to arrange for a car to attend one of her friend's marriage at Tambaram. Since he could not provide the car, the Appellant/Wife tried to kill the child by throwing it in the terrace and after arranging a vehicle, she got satisfied. Further, often she used to demand money from him to send to her friend at her place and when he refused to give the money, she used to threaten that she would commit suicide and to put the blame