JUDGMENT :

G.CHANDRASEKHARAN, J

This Civil Miscellaneous Appeal is filed against the order of the learned Family Court Judge, Salem in FCOP No.62 of 2017.

2. The first respondent, as the petitioner, filed FCOP No.62 of 2017 under Sections 13(1)(i) & (i-a) of Hindu Marriage Act on the grounds of adultery and cruelty to dissolve the marriage between the first respondent and appellant that took place on 01.07.1999.

3. It is seen from the petition averments that the marriage between the appellant and the first respondent took place on 01.07.1999. Both the first respondent and appellant are Doctors and they are blessed with two children, namely B.Sruthi and B.Prajeth Raghav. It is the case of the first respondent that the appellant used to pick up quarrel with the first respondent and often abused his parents and relatives even on frivolous issues. Faced with incessant mental cruelty, the first respondent filed a divorce petition in the year 2001. The appellant gave a petition before the All Women Police Station, Ammapet. After counselling with the appellant, the first respondent reunited with her, resultantly he also came forward not to press the divorce petition. Thereafter, the first respondent purchased the house in the name of the appellant. However, the appellant has not taken care of the well being of the first respondent and children. For the last one year, the appellant refused to share bed with the first respondent. Moreover, the appellant used to spend the night time with her mobile phone by making voice calls and chatting with her paramours and several other persons hours together in a separate room. Therefore the first respondent, getting reasonable apprehension that his wife is leading adulterous life and unable to bear the torture given by her, finally approached a private detective for assistance and as such, the private detective, namely, Chandran at Chennai, had also instructed the first respondent to give a new mobile phone to his wife with a software flexipy installed in it. Accordingly, the first respondent, after purchasing a new mobile phone viz., Samsung 17-OOF (I.M.E.I.No.358425074294395), also purchased the said flexipy software with licence and installed the same in the said mobile phone and thereafter gifted the phone to his wife in July, 2016. After sometime, it was found through that software the exact call details and online chats of his wife with her paramours. In addition thereto, his daughter being a school topper in her academic side stood first in Chennai district in her 10th Matriculation Board Examination and his son was a small kid studying 7th Standard.

4. Later on, it was also further alleged that the first respondent went to attend the university examination in M.S.(O.G) at Chennai on 22.10.2016 and after his examination, when he came back to Salem on 3.11.2016, the security guard employed at his house front gate told him that on 25.10.2016 and 2.11.2016, somebody called Baskar with a white colour Ford Figo car bearing Regn.No.TN 47 X 6885 came to his house at midnight around 12.30 A.M., and went out of the house at about 3.30 A.M., and the CCTV footage of Modern Theatre on verification highlighted the same. Having seen the CCTV footage and after verifying the flexipy software, the first respondent came to know that his wife was leading adulterous life with the said Baskar. On this issue, when the first respondent questioned the appellant as to the illegal relationship with her paramour Baskar, she scolded him in filthy language and went out of the matrimonial home immediately. Since then, she has been living separately. It was further alleged that the appellant had illicit relationship with one Shikander and Madhavan. On 26.12.2016, she tried to forcibly take her son. He was informed by his daughter that the appellant exposed her body in a video chat with somebody on 03.01.2017. She had Whatsapp chats and face book sex chats and video chats with Baskar, Shikander, Madhavan, Shyam, Saheen Ashwaq