S. Vaidyanathan, J.

1. This Civil Miscellaneous Appeal arises out of the judgment and decree, in H.M.O.P. No. 382 of 1999, dated 24.6.2005 passed by the Family Court, Coimbatore, whereby the petition filed by the appellant, for grant of divorce, under Section 13(i-a)(i-b) of the Hindu Marriage Act, i.e. on the ground of 'cruelty' and 'desertion'.

2. The facts, in brief, giving rise to this appeal are as follows:

The marriage between the appellant/husband and respondent/wife took place on 5.4.1993 at Sri Ethirajulu Janakiammal Thirumana Mandapam, Vysial Street, Coimbatore as per hindu rites and customs. After marriage, both of them were living in appellant's residence at Palladam. In the petition filed by the appellant/husband for divorce, it was alleged that soon after the marriage, the respondent was behaving in a cruel manner, subjecting the appellant to the torture and tension and she is mentally imbalanced and suppressing this fact, the parents performed the marriage and it was not consummated and there were no conjugal relationship between him and the respondent and she did not show any interest in matrimonial life. Once, while the appellant and the respondent were travelling to Kumbakonam, the respondent created a scene as if she is stranger. On 15.5.1993, the respondent also threatened the appellant that she would commit suicide by setting herself ablaze, if the appellant does not come away from his family and thereafter, the respondent took all her belongings and left the matrimonial home without informing the appellant and she never came back. All the steps to bring down normalcy in the matrimonial life by the appellant have become futile. The relationship between the appellant and the respondent has irretrievably broken down and there would no chance for reunion. Hence, the appellant has filed a petition for grant of divorce.

3. This petition has been resisted by the respondent/wife, by way of counter affidavit, wherein, while denying the averments made by the appellant, it is stated that the respondent is a balanced and mentally sound woman and she never behaved with the respondent in a cruel manner. After marriage, both of them were living together happily and marriage was consummated on the date of marriage itself. The respondent had participated in training on entrepreneurship conducted by Sri Avinashlingam Shranik Vidyapeeth, Coimbatore. The appellant has been running a xerox shop in Coimbatore for the past several years and he employed a girl, namely Subha and he developed illicit intimacy with her even prior to his marriage, which he continued even after marriage with the respondent/wife. While staying at Palladam, all the members of the appellant's family used to ill treat her. The appellant very often used to beat and abused her. The appellant and his family members demanded more dowry, jewels from her parents and since the same was not fulfilled, she was forcibly sent out of her matrimonial home. After a panchayat, the appellant took her back to his house. Though the appellant is still living in adultery, the respondent is willing to live with the appellant and she never deserted him. With these averments, the respondent sought for dismissal of the petition.

4. The trial Court, on consideration of the above pleadings, framed the issue as to whether the appellant is entitled to get a decree for divorce as alleged by him?

5. In order to prove their case before the trial Court, the appellant got himself examined as PW.1 apart from examining one Parthasarathy and Govindaraj as PWs.2 and 3 and marked two documents, viz., Marriage Invitation as Ex.P1 and Photo as Ex.P2; while the respondent herself was examined as RW.1 apart from examined one Sankar as RW.2 and marked three documents, viz., Participation certificate issued by Avinashlingam Shranik Vidyapeeth as Ex.R1, Course completion certificate issued by the Principal Govt. Ploytechnic for Women, Coimbatore as Ex.R2 and Participation certificate issued by