Unsubstantiated allegations of illicit intimacy and character assassination, causing mental agony and pain, constitute matrimonial cruelty under the Hindu Marriage Act.

R. SUBBIAH, J.

1. This appeal is filed by the appellant-wife questioning the correctness and validity of the decree of divorce granted by the Family Court, Salem on 01.08.2016 in F.C.O.P.No.401 of 2012 filed by the respondent-husband.

2. The averments in F.C.O.P.No.401 of 2012 filed by the respondent-husband for dissolution of the marriage are delineated in the below mentioned paragraphs.

3. According to the respondent, the marriage between himself and the appellant-wife was solemnized on 21.11.2001 as per the Hindu rites and customs at Athanur Amman Temple, Rasipuram, Namakkal District. At the time of marriage, the appellant-wife was gifted with a traditional "Thali" together with gold chain totally weighing 5 sovereigns. After marriage, the appellant-wife and the respondent-husband started their matrimonial life in the house of the respondent-husband's parents as a joint family. The appellant-wife did not like to live along with the parents of the respondent-husband and therefore she continuously nagged the respondent to set up a separate residence at Paarapatti, where her parents are residing. Since the respondent-husband is the only son to his parents, he refused to set up a separate residence by leaving his age old parents. Further, the appellant-wife refused to do the household chores such as cooking and washing the clothes and utensils. When this was questioned by the respondent-husband, he was scolded by her with abusive language. She also scolded the parents of the respondent by stating that they are instrumental for the refusal of the respondent to set up a separate abode for their stay. On 06.01.2011, the appellant-wife scolded the respondent's mother in abusive language and caused mental agony to her, as a result, the respondent's mother developed depression and on 07.01.2011, she fell into Coma. The respondent's mother was admitted in a hospital and she was treated for a period of seven days. During the period of such hospitalisation, the appellant-wife did not bother to even visit her mother-in-law in the hospital, even for a single day. On 13.01.2011, the respondent's mother died. When the obsequies/last rites of the respondent's mother were performed, the appellant-wife scolded the respondent-husband in filthy language in front of others and also the deceased mother of the respondent. When the relatives made an attempt to pacify her, she was not prepared to correct or control herself and continuously abused the respondent. On 05.02.2011, when the respondent-husband questioned the appellant-wife as to why she was not doing the daily family chores, she made an attempt to assault him. On 30.06.2012,.the respondent-husband fell sick and when he called the appellant-wife to take him to hospital, she not only refused to assist him but scolded him by calling him in singular word. Finally, with the help of relatives, the respondent went to hospital and took treatment. At the time when the respondent was hospitalised, she left to her parents house and stayed there and thereafter she did not return. Further, when the respondent was hospitalised, the appellant gave a false complaint to the Kondalampatti Police Station and on the basis of the complaint, the police personnel came to the hospital, informed the respondent about the complaint given by the appellant against him and asked him to come to the police station after his discharge. Accordingly, after his discharge from the hospital the respondent, went to the police station. After enquiring the respondent, the police personnel called upon the appellant to come for an enquiry, but she did not turn up. Thereafter, a panchayat was convened in the presence of elders during which the appellant categorically informed that she will not join the matrimonial company of the respondent unless a separate residence is set up for their stay at Paarapatti. According to the respondent, from the date of marriage, the appellant subjected him to matrimonial cruelty in various forms