M.V. Muralidaran, J.

This Civil Miscellaneous Second Appeal arises out of the Judgment and Decree dated 12.02.2016 made in H.M.C.M.A.No.5 of 2013, passed by the learned Principal District Judge, Pudukottai, confirming the Judgment and Decree dated 15.03.2013 made in H.M.O.P.No.57 of 2012 passed by the learned Subordinate Judge, Pudukottai.

2. The appeal was heard on the following substantial questions of law:-

"(i) Whether the Lower Appellate Court being the last Court on facts has erred in dismissing the appeal without taking into consideration of the entire pleadings and the evidence available on record?

(ii) Whether the Courts below have erred in non suiting the Appellant on the ground of cruelty especially when the relief of divorce cannot be denied that there has been no deliberate or wilful illtreatment?

(iii) Whether the Appellant is entitled to the relief of divorce based on the subsequent event as held by apex Court in the Dr. Mr. Malathi Rai MD Vs Dr B.V. Ram MD, 2015 1 LW 775 (SC)?

(iv) Whether the Courts below have erred in dismissing the divorce petition on the ground the mental cruelty under section 13(1)(ia) irrespective of the filing false criminal complaint by