MR. S. VAIDYANATHAN, J.

1. This appeal arises out of the judgment and decree, dated 22.12.2010 in O.P. No. 1714 of 2004, passed by the learned I Addl. Principal Judge, Chennai, in and by which, the petition filed by the appellant herein against his wife/respondent for divorce on the ground of cruelty and desertion under Sections 13(1)(i-a)(i-b) of Hindu Marriage Act came to be dismissed.

2. The brief facts, necessary for disposal of the appeal, are as follows:

Marriage between the appellant and the respondent was solemnized on 11.03.2001 at Jalore Town, Rajasthan as per Hindu rites and customs. Out of their wedlock, the respondent/wife gave birth to a male child in February, 2002. Disputes arose between the couple when the appellant came to know that the respondent is elder to the appellant. According to the appellant, the age of the respondent was suppressed and performed the marriage and she is more educated and acted in superior manner and used to insult and tease the appellant and his family members by stating that the appellant is not even a graduate and she studied in a convent and got good manners and the appellant and his family members are of minimum standards and she was unfortunately given in marriage to a family, where nobody is having minimum educational qualifications. The respondent always acts in such a manner that her word should be obliged by everybody and they should act to her choice. Though the appellant tried to adjust with the attitude of the respondent, the family members of the respondent were not in a position to adjust since they were insulted frequently by her. She is very arrogant and proud of her educational qualifications and developed the habit of not moving with the family members of the respondent closely and affectionately. Thus, the respondent created an unhealthy atmosphere in the family and she started insisting the appellant to live separately apart from his parents, when this was not accepted by the appellant, she blamed that her brother-in-law and father-in-law became hurdles. Whenever the appellant failed to encourage her opinion in any of the matters, she used to pick up quarrels and throws articles available nearby. Therefore, according to the appellant, the attitude of his wife became unbearable. The respondent always used to threaten by stating that she would expose the family matters in a bad manner to the public and if they failed to heed her words, she would pour kerosene on her and give paper publication and see that they would be arrested and punished before Court of law. She also threaten that she would make herself some injuries to her body and convince the public and the respondent and his family members harassed her and attempted to kill her and she would leave the matrimonial home and would not provide conjugal life. The appellant suffered pain and mental agony. The respondent used to visit her parents home frequently without informing to the in-laws and also to the appellant. She also attributed adultery to against his brother and she lodged a criminal complaint on 16.11.2002 before the Inspector of Police, Women Police Station (South Zone), Hyderabad under Sections 498-A and 323 r/w 34 IPC. She also filed a private complaint under Sections 307 , 354 , 420 r/w 120 B IPC before the II Metropolitan Magistrate, which was referred to Police Station, Charminar under Section 15 (3) Cr.P.C. for investigation. She made allegations that her brother-in-law tried to outrage her modesty and her in-laws attempted to kill her. She described herself as a daughter of N. Ram Ratan without mentioning as wife of the appellant, which reflects her intention that she no longer wants to be with the appellant. Having decided not live with the appellant and his family members, the respondent lodged criminal complaints with baseless allegations. Therefore, according to the appellant, her acts amount to cruelty and she also deserted him. With these averments, the appellant filed a divorce pet