Point of law: The expression ''cruelty'' has not been defined in the Act. Cruelty can be physical or mental. Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger. The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society to which the parties belong, their social values, status, environment in which they live. Cruelty, as noted above, includes mental cruelty, which falls within the purview of a matrimonial wrong. Cruelty need not be physical. If from the conduct of the spouse, same is established and/or an inference can be legitimately drawn that the treatment of the spouse is such that it causes an apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty”.

JUDGMENT :

S. KANNAMMAL, J.

(Prayer: Civil Miscellaneous Appeal filed under Section 9 of Hindu Marriage Act, to set aside the judgment and decree, dated 07.04.2015 passed in H.M.O.P.No.437 of 2014 on the file of the Family Court (District & Sessions Court), Tirunelveli.)

1. This Civil Miscellaneous Appeal is preferred by the appellant/husband against the judgment and decree passed in H.M.O.P.No.437 of 2014, dated 07.04.2015 by the Family Court (District & Sessions Court), Tirunelveli.

2. The case of the appellant/husband is that the marriage between him and the respondent/wife was solemnized on 02.06.1995 at A.S.K.R. Mahal, Thoothukudi as per Hindu Rites and Customs. Out of wedlock two girl children, namely, Amirthavarshini and Jananidanya were born on 19.12.1998 and 28.06.2004 respectively. At the time of marriage, the respondent was studying at Tirunelveli Medical College by staying in House Surgency Hostel. The appellant/husband was practicing in his father's hospital at Alangulam. After completing the House Surgency, the respondent lived with the appellant at Alangulam for a short period and in the meantime, the respondent often quarreled with the appellant and his mother. Hence, the appellant and the respondent joined in Jeyasekaran Hospital at Nagercoil, from April 1997. Even though the appellant and the respondent lived together at Nagercoil, the respondent often quarrelled and fought with the appellant. The respondent never behaved as a dutiful wife and hence, due to the increasing mental agony, both the appellant and the respondent returned to appellant's parental house at Alangulam. When the respondent was conceived, the appellant joined in Kasthuribai Medical College at Mangalore for his higher studies. So the appellant joined Diploma in Anaesthetics during September 1998. Whenever the appellant visited Thoothukudi to see the respondent, the respondent and her parents neglected the appellant. The respondent also refused to go to Alangulam on repeated request of the appellant. While the appellant was at Managalore, the respondent attempted to commit suicide at her parental house. Due to that, her face was disfigured due to burn injury. The respondent has a habit of threatening to commit suicide which caused mental agony to the appellant. After completing the Diploma in Anaesthetics course, during August 2000, the appellant joined in Tirunelveli Medical College and took Senior Training for six months. The respondent refused to come and live with the appellant and stayed in her parental home. Despite the earnest efforts taken by the appellant's parents and relatives, the respondent refused to come to Alangulam and if she is insisted, she would threaten to commit suicide. After completing the higher studies the appellant jointed in Jeyasekaran Hospital at Nagercoil as Anesthetist. Thereafter, at the request of the appellant, the respondent came to Nagercoil and lived with the appellant with the same attitude of threatening to commit suicide. During October 2001, the respondent joined in Diploma in Anaesthetics at Madurai Medical College. The girl baby was left with the respondent's parents though the appellant wanted the child to be with him. Whenever the appellant went to Thoothukudi to see his child, the parents of the respondent humiliated and neglected him. The respondent after completing her higher studies, came to Nagercoil and second child, namely, Jananidhanya was born at Nagercoil. After visit of the respondent's mother at Nagercoil, the respondent again started quarreling with the appellant during 2006. The respondent suddenly left the appellant and took her children to the appellant's parents house at Alangulam. Subsequently, at the request of the respondent both the appellant and the respondent resided at the ground floor separately. From the month of December 2007, the attitude of the respondent was hostile and whenever the appellant returned home from the hospital, the respondent locked the door and never allo