The main legal point established is that the conduct amounting to mental cruelty, as defined under the Hindu Marriage Act, can lead to the grant of divorce.

JUDGMENT :

S. Sounthar, J.

(Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the Family Court Act, to set aside the decree and the judgment dated 15.06.2016 rendered in H.M.O.P.No.604 of 2014, on the file of the Family Court at Erode, by allowing this Civil Miscellaneous Appeal.)

1. Aggrieved by an order dismissing the petition for divorce filed on the ground of cruelty by appellant/husband the present appeal is filed.

2. The appellant/husband sought for divorce on the ground of cruelty in H.M.O.P.No.604 of 2014, on the file of the Family Court, Erode. According to him the marriage with the respondent took place on 10.11.2008. At the time of marriage he was working as a Lecturer in Vivekanandha Medical College and the respondent/wife was working as a Teacher in Government School. They lived together for 2 and 1/2 years in the parental home of the appellant and out of wedlock a female child Sreedhanya was born. According to appellant, the respondent/wife developed suspicion about the appellant's conduct and character and humiliated him by connecting him with his female colleagues. A false complaint was preferred by respondent/wife against appellant/husband before Thiruchengodu All Women Police Station, and the same was marked as Ex.P.2 and thereafter on advise by the police both the parties set up nucleus family in the first floor of appellant's parental home. The appellant/husband also averred in his petition that the respondent/wife with the evil intention of tarnishing the image of the appellant came to his work place (college) and had spoken ill of him by connecting him with other female lecturers. The respondent/wife also said to have given another complaint before Erode, All Women Police Station on 08.11.2011. On the advise of the police, the appellant/husband set up a separate new matrimonial home at Erode, but the respondent/wife made unreasonable demands and got separated from appellant/husband without any reasonable cause. Hence, according to appellant/husband they have been living separately from January 2011 onwards. The appellant also submitted that all his attempts for reunion resulted in failure and hence he was constrained to file the above petition for divorce on the ground of cruelty.

3. The respondent filed her counter statement wherein she admitted that the appellant is working as a Professor in Thiruchengodu, Vivekanandha Medical College and the respondent was working as a Teacher in Government School. The respondent denied various allegations found in the petition for divorce. The respondent specifically raised a plea that the petitioner was having illegal intimacy with other working women and he used to talk with them through cell phone till mid night. According to the respondent, the petitions filed by her before police were only for reunion and she wanted to live with the appellant having welfare of female child in her mind. She also expressed her willingness to work as dutiful wife of the appellant and also give respect to the elders of the appellant's family. On these pleadings she sought for the dismissal of the divorce petition.

4. Before the Family Court, the appellant was examined as P.W.1 and one Senthilkumar, colleague of the appellant working in the same college was examined as P.W.2. The respondent was examined as R.W.1. On behalf of the appellant, Exs.P1 to P6 were marked and no document was marked on behalf of the respondent.

5. The Family Court on consideration of the evidence available on record, came to the conclusion that the appellant failed to prove cruelty pleaded by him and dismissed the divorce petition and aggrieved by that the above appeal is filed by the appellant/husband.

6. On the basis of the pleadings oral and documentary evidences, order passed by the lower Court and contentions of the counsel for both the sides, the following points are arising for consideration in this appeal.

"(i) Whether the appellant/husband proved his plea of cruelty as a ground for divorce?