Admission of guilt in cases of matrimonial cruelty can be a decisive factor in granting a decree of divorce.

R. Subbiah, J.

1. This appeal has been filed by the appellant, challenging the validity and correctness of the Order dated 21.03.2016 passed in F.C.H.M.O.P. No. 248 of 2014 on the file of Family Court, Dharmapuri, by which the Family Court allowed F.C.H.M.O.P. No. 248 of 2014 filed by the respondent herein under Section 13 (1) (i) (i-a) of The Hindu Marriage Act on the grounds of cruelty and granted a decree of divorce as prayed for by the respondent herein.

2. The appellant was the husband and the respondent was his wife. The marriage between the appellant and the respondent was solemnised on 18.11.2012 as per Hindu rites and customs at Thindalmalai Velayutha Swamy Temple, Erode followed by a marriage reception on the same day at D.N.C. Mahal, Nesavalar Colony, Dharmapuri. Due to the wedlock, a female child was born on 22.08.2013. At the time of marriage, the respondent was pursuing M.B.B.S. at Chennai and the appellant was working as a Doctor at Primary Health Centre, Avalpundurai, Erode District. According to the respondent, due to the ill-advise of his parents and sisters, the appellant subjected the respondent to physical and mental harassment even for trivial reasons. The appellant also demanded the respondent to bring money and more jewels from her mother to meet his expenses. When the respondent expressed the inability of her widowed mother to give money, she was treated very badly by the appellant and her in-laws. While so, the respondent came to know that the appellant was having extra marital relationship with one of the Staff Nurses working with him and she also came to know that they are moving very closely. When this was questioned by the respondent, the appellant not only confessed to having such a relationship but dared the respondent to do whatever she can. Further, during the third month of pregnancy of the respondent, the appellant compelled and coerced the respondent to abort the pregnancy but the respondent pleaded with the appellant not to compel her to abort the pregnancy. Thereafter, on 22.08.2013, a female child was born. It is the contention of the respondent that she had taken several steps to see that the appellant did not continue his illicit relationship with the staff nurse, but it went in vain. Even though the appellant was transferred to Bhavani, the appellant did not stop moving with the staff nurse and he continued his illicit relationship with the said staff nurse. According to the respondent, due to the illicit relationship the appellant had with the staff nurse, he did not take care of the respondent or the minor child and failed to discharge his duties as a responsible husband. The respondent also intimated the illicit relationship of the appellant to her in-laws, but they have grossly ignored it and only supported the act and deeds of the appellant. While so, on 25.04.2014, when the respondent questioned the behaviour of the appellant in having illicit relationship with the staff nurse, she was physically assaulted and driven out of the matrimonial home at about 12.30 am in the midnight along with the 8 months old female child. On hearing the quarrel, the neighbour have come to the rescue of the respondent and the respondent was given shelter by her neighbours in their home till the dawn. On being intimated by the neighbour, the mother of the respondent came to the house of the neighbour and accompanied the respondent and the minor daughter to her home. It is specifically contended by the respondent that she had taken all earnest efforts for a re-union, but nothing has fructified. Several mediations have taken place in the presence of relatives and well-wishers, but the appellant refused to take back the respondent to the matrimonial home. While so, on 10.10.2014, highlighting the above facts, respondent, through her lawyer, had sent a notice to the appellant, but on receipt of the said notice, the appellant did not issue any reply. Thereafter, the respondent has filed the F.C.H.