M.V. MURALIDARAN, J.

1. This Civil Miscellaneous Second Appeal has been filed by the appellant under Section 28 of the Hindu Marriage Act, 1955 read with Section 100 of Code of Civil Procedure, 1908 against the judgment dated 31.8.2012 in H.M. C.M.A.No.6 of 2004 on the file of the District Judge, Sivagangai, confirming the judgment passed in H.M.O.P.No.60 of 2002, dated 03.3.2004 on the file of the Subordinate Judge, Devakottai.

2. The appellant herein is the husband and he had filed H.M.O.P.No.60 of 2002 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 for divorce.

3. Briefly stated that the case of the appellant is that the marriage between the appellant and the respondent was solemnized on 26.10.2001 and after the marriage, they lived in joint family in the matrimonial home. Within few days of the marriage, the respondent did not respect the parents of the appellant and she had not done her duty to her husband. In the absence of the appellant, the father of the respondent took her to his home and whenever, the appellant went to his father-in-law house to take back his wife, the father of the respondent ill-treated, abused and threatened him.

4. According to the appellant, the respondent demanded the appellant to lead a separate life and accepting the request, they took a rented house separately and led their separate life. Even during the period of separate life, the respondent had not cooked properly and unnecessarily quarrelled with the appellant. Without knowledge of the appellant, the respondent went to her parents home and in fact, she had aborted pregnancy without the knowledge of the appellant. The respondent often quarrelled with the appellant and went to her parents house. On 30.12.2001, the father of the appellant and a mediator by name Solai went to the house of the respondent for mediation and at that time, the respondent did not respect them and ill- treated them.

5. According to the appellant, on 20.5.2002, the respondent quarrelled with the appellant and again left the matrimonial home by saying that she was not willing to lead life with the appellant. Thereafter, she had not returned back to her matrimonial home. On 1.7.2002, the appellant issued a lawyer notice to the respondent for restitution of conjugal rights and the respondent failed to receive the said notice. Even after the lawyer notice, the respondent did not return back to the matrimonial home for leading the family life. According to the appellant, because of the respondent's activities, the appellant suffered a lot by mind. Hence, the appellant has filed the petition for divorce.

6. Refuting the averments in the petition, the respondent filed counter stating that it is absolutely false to state that she had not respected the parents of the appellant and refused to do her duty as wife. It is stated that at the time of marriage, her father gave 5 soverigns of golden chain to the appellant and 35 soverigns of gold jewels to her and a cash of Rs. 20,000/- was also given to the appellant as dowry, apart from sridhana articles worth Rs. 50,000/-. It is also stated that the respondent and her father ever disrespected the appellant and his family members and also never threatened them.

7. According to the respondent, when the respondent was living with her husband in the joint family, the parents and the sister of the appellant and also the appellant demanded dowry of motor cycle, fridge and air-cooler. They have also demanded Rs. 1,00,000/- cash for the improvement of the business. They threatened her by saying that if she had not fulfilled the demand, she would have been deserted by the appellant. In the meanwhile, the respondent conceived pregnancy and the same was informed to the appellant and his parents. Even after knowing the pregnancy, due to non-fulfilment of the dowry, they subjected her to cruelty by not providing food and other facilities to her. According to the respondent, in the year 2002, the appellant and his parents demanded d