JUDGMENT :

This Civil Miscellaneous Appeal is filed by the Wife, Jamuna Rani, aggrieved by the Judgment and Decree of the Family Court, Tiruppur in H.M.O.P. No. 7 of 2020, thereby allowing the petition for divorce filed by the respondent/husband Mr. Subramaniam, on the ground of cruelty under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955.

2. The case of the respondent/husband is that the marriage between the parties was solemnized on 13.03.2013 and that they lived together only for a period of about two months. During this period, the respondent behaved abnormally and that she was mentally disturbed and would stand all alone speak loudly, laugh and go out of the house and act as if she was speaking to somebody. When the husband approached her for physical relationship she refused by saying that her parents would beat her if he touches her. The marriage was never consummated and upon confrontation, the wife's parents took her away from the matrimonial home and thereafter since she did not return inspite of attempts by the husband, the husband finally issued legal notice, dated 25.05.2013 and thereafter filed the petition for divorce.

3. The respondent wife, was initially set exp