JUDGMENT :

S.VAIDYANATHAN, G.JAYACHANDRAN, JJ.

(Prayer: Civil Miscellaneous Appeal filed under Section 19(1) of the Family Courts Act, 1984 and Section 55 of the Indian Divorce Act, 1869, to set aside the fair order, granting divorce to the respondent/appellant's husband, by the learned Judge, Family Court, in I.D.O.P.No.15 of 2018, dated 14.10.2019.)

1. This Civil Miscellaneous Appeal is preferred by the wife being aggrieved by the decree of dissolution of marriage passed by the Family Court, Sivagangai, dated 14.10.2019.

2. The parties are Christians by religion. They got married on 20.05.2005 at Vyakula Matha Church, Thirukalli Village, Ilayankudi Taluk. At the time of marriage, the respondent/husband was serving in Army. After the marriage, he left the appellant/wife at his parents' house and joined duty. He used to visit his family during his leave period. Being the spouse of Army Personnel, the appellant got employment as a Teacher under Servicemen quota. Since 20.10.2005 she is working as a Teacher. After getting employment, the attitude of the appellant changed and whenever the respondent came to his native during leave, he found that his wife leading a wayward life, developed intimacy with her colleague by name, Sasidharan. Instead of staying with his parents and taking care of his age old parents and mentally retarded sister, she was staying with her parents, she used to go to School along with the said Sasidharan in his two wheeler and even during his visit, she used to stay at her parents during weekend and go to School from her parents' house. She stopped contacting the respondent/husband over phone and refused to lead congenial marital life even during his short visits to the native. Hence, he filed a petition under Section 10(1)(x) of the Indian Divorce Act.

3. The appellant herein has filed a detailed counter, wherein, she has stated that the allegations found in the petition are not true. After marriage, on 20.05.2005 with fond hope that the in-laws will take proper care of her in the absence of her husband, who is serving in the Army, she entered the marital life, however, she was not treated properly by her in-laws in the absence of her husband. Her father-in-law was not a man of good conduct. He used to misbehave with her and tortured her. Knowing about that, her husband arranged for a separate accommodation for her in the first floor of the in-laws house. Despite that, her father-in-law did not change his attitude and used to abuse her in drunken stage. Whenever her husband came on leave, she used to complain about this. But, her husband did not care to prevent the same. The conduct of the father-in-law has caused severe mental torture. In the said circumstances, the father of the appellant/wife viz., Arulanand died and the Village elders advised her to stay in her parents' house and visit Thirukalli Village whenever her husband comes down to the native on leave. Accordingly, she was staying in her parents' house and attending her duty. Since she did not conceive even after six years of marriage, they decided to have a test tube baby in the year 2011. However, her husband refused to take the medicines prescribed by the Doctor and used to take drinks and smoke, further, forced her to have intercourse frequently and tortured her sexually. Whenever her husband came to his native on leave, he used to roam around, drink and go to home at odd hours and tortured her by all means. She was not given proper status of a wife and did not care for her comfort. In respect of the property referred in the petition, it is pleaded that, for the said property, consideration was paid by her, but under threat, her husband forced to get the property registered in his name. Her jewels were pledged by her husband and he borrowed a sum of Rs.6,00,000/-, for which, he neither paid the interest nor the principal to redeem the jewels. Since she has been continuously tortured and subjected to cruelty, her health got deteriorated and she wa