JUDGMENT :

S. Kannammal, J.

Prayer: Civil Miscellaneous Appeal filed under Section 19(1) of Family Courts Act, 1984, to set aside the fair and decreetal order, dated 23.12.2016 made in I.D.O.P.No.57 of 2014 on the file of the Family Court, Dindigul.

This Civil Miscellaneous Appeal is preferred by the appellant/husband against the judgment and decree passed in I.D.O.P.No.57 of 2014, dated 23.12.2016 by the Family Court, Dindigul.

2. The case of the appellant is that the marriage between the appellant and the respondent was solemnised on 26.01.2011 at CSI Church as per Christian Custom. After marriage, the appellant and respondent lived together as husband and wife only for a week. Later, misunderstanding arose between them and the respondent left the matrimonial home on 05.02.2011 by telling that she doesn't like to live with the appellant. Inspite of repeated requests and inspite of panchayat held in the presence of elders, the respondent refused to come and live with the appellant. The respondent never behaved as a dutiful wife whereas the appellant was always ready and willing to be a dutiful husband. The respondent without any valid reason deserted the husband. The respondent took all her certificates, clothing and jewels and left the matrimonial home. The appellant issued a legal notice on 13.11.2013 asking the respondent to come and live with the appellant.

Though the respondent received the notice, she did not respond to the same. The respondent refused to live with the appellant and was continuously deserting the husband. The respondent preferred a complaint against the appellant and his parents before the All Women Police Station, Dindigul with false allegations. After enquiry, the appellant was asked to come on 22.12.2013 to the police station and take the respondent with him. On 22.12.2013, the appellant went to the police station with his parents to take the respondent but the respondent did not come to the police station, which caused mental cruelty to the appellant. Hence, the appellant filed the petition for seeking divorce on the grounds of cruelty and desertion.

3. The respondent admitted the marriage and denied all the other allegations. The respondent claimed that she lived with the appellant for three months and she was being a dutiful wife. The respondent is a post graduate. After marriage, the appellant was working at Chennai and visited the respondent once in a week. In those three months, the appellant and his parents started treating the respondent disrespectfully and in demeaning way. The appellant used filthy language after high alcohol consumption. When the same was complained to the parents of the appellant, they behaved in a hurtful way. After three months, all of a sudden, the appellant left the respondent at her parental home stating that his parents did not like the respondent, and also that he would arrange a separate house to reside. Whenever the respondent enquired about the separate house and asked him to take her back, the appellant evaded by stating irrelevant reasons. The respondent, through her parents, relatives and church fathers, met the appellant and requested him to take her back. The appellant refused by telling false allegations. On receipt of the legal notice from the appellant, the respondent preferred a complaint before the All Women Police Station, Dindigul. On enquiry, the appellant agreed in writing that he will arrange a separate house within a month and live with the respondent. But, he has filed this petition with false allegation. The respondent has sought for dismissal of the petition.

4. Before the Family Court, the appellant/husband examined himself as P.W.1 and one Pushpanathan was examined as PW2 and marked Exs.Pl to P6. On the side of the respondent/wife, she examined herself as R.W.1 and one Joice Maragatham was examined as RW2 and no documents were marked.

5. The learned Family Court Judge, Dindigul, after perusing the materials available on record, both oral and documen