The evidence presented must substantiate the claims made in a divorce petition under the Hindu Marriage Act, and the burden of proof lies with the petitioner.

A. Selvam, J.

These civil miscellaneous appeals are directed against the common order passed in H.M.O.P. Nos. 131 of 2011 and 1051 of 2010 by the Principal Family Court, Coimbatore.

2. The appellant in C.M.A. No. 343 of 2016, as petitioner has filed H.M.O.P. No. 131 of 2011 on the file of the Trial Court under Section 13(1)(i-a) and (iii) of the Hindu Marriage Act, 1955 wherein the respondent in C.M.A. No. 343 of 2016 has been shown as sole respondent. Likewise, the respondent in C.M.A. No. 342 of 2016 as petitioner has filed H.M.O.P. No. 1051 of 2010 under Section 9 of the Hindu Marriage Act, 1955 wherein the appellant in C.M.A. No. 342 of 2016 has been arrayed as sole respondent.

3. The material averments made in the petition filed in H.M.O.P. No. 131 of 2011 can be stated like thus:-

The marriage between the petitioner and respondent has taken place on 05-07-1998 at R.S. Puram, Coimbatore and subsequently, registered on 30-10-1999 in the Registered Office of Domlur, Bangalore. Prior to marriage both the petitioner and respondent have served in a Company and both of them have loved each other, which culminated in their marriage. After marriage, the respondent has expressed her unhappiness over the financial status of the petitioner. The respondent has not shown requisite interest in marital life. The petitioner has made several attempts to have normal life. The petitioner is having good health. Since the respondent has failed to co-operate with the petitioner, he has become frustrated. The respondent has also joined in a Company at Bangalore and she developed illicit intimacy with her supervisor. The respondent has resigned her job in July 1999 and also refused to celebrate their first anniversary. The petitioner has not been able to fulfill the luxurious life expected by the respondent. In March 2000, the respondent has joined in Shift Four Softwares Services, Koramangala, Bangalore and started to have adulterous relationship with one Chacko Kuruvilla, who is one of the Managers of the said Company. In March 2000, the petitioner has visited the Office of the respondent and found the respondent with Sri Chacko Kuruvilla in a compromising position. The petitioner has questioned the illicit intimacy of the respondent and she stated that she is having such kind of affair and subsequently, various occurrences have taken place. The respondent has denied conjugal rights of the petitioner from June 2003 till date. In May 2004, the respondent has started to show her real colours. In the month of February 2008, several rounds of counselling have been done but no fruitful action has come out. The respondent is not capable of looking after the child. Since she is always showing an indifferent attitude towards the child, she has caused cruelty to the petitioner. Under the said circumstances, the present petition has been filed for getting the relief sought therein.

4. In the counter filed on the side of the respondent, it is averred that the marriage between petitioner and respondent has been conducted on 05-07-1998 in R.S. Puram, Coimbatore and the same has been registered at Domlur, Bangalore. It is true to aver that prior to marriage both the petitioner and respondent have loved each other. It is false to aver that the respondent has always shown her unhappiness in respect of financial status of the petitioner and it is also equally false to aver that she is always willing to lead luxurious life. It is an atrocious lie to say that the respondent has not co-operated with the petitioner for having sexual intercourse. The petitioner has gone to New Zealand and subsequently, the respondent has also gone there. The respondent has delivered a male baby by name Adit. The respondent is not having any hormonal problem. It is false to aver that the respondent is having indifferent attitude towards the child. In fact, both the respondent and her son Adit are bound by strong emotional ties as mother and son. The petitioner has deserted the