The main legal point established in the judgment is the proof of cruelty and desertion under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the Family Courts Act, 1984, against the order and decree dated 16.03.2015 made in F.C.H.M.O.P.No.1 of 2014 on the file of the Family Court, Dharmapuri. (M.O.P.No.68 of 2007 on the file of the Sub Court, Dharmapuri).

V.M. Velumani, J.

1. The appellant / wife is challenging the order and decree of the Family Court, Dharmapuri dated 16.03.2015 made in F.C.H.M.O.P.No.1 of 2014, granting divorce to the respondent / husband by dissolving the marriage conducted between the appellant and respondent on 09.07.1992.

2. The appellant is wife and respondent is husband. Originally the respondent filed M.O.P.No.68 of 2007 on the file of the Sub Court, Dharmapuri for dissolution of the marriage conducted between the respondent and appellant on 09.07.1992 on the ground of cruelty and desertion. Later, the said M.O.P.No.68 of 2007 was transferred to the file of the Family Court, Dharmapuri and re-numbered as F.C.H.M.O.P.No.1 of 2014.

Case of the respondent:

3. According to the respondent, the marriage between the respondent and appellant was conducted as per the Hindu Customs and Rites on 09.07.1992. In the wedlock, a female child by name Soundarya and a male child by name Premkumar were born and they were aged 14 and 9 years respectively at the time of filing the M.O.P.No.68 of 2007. After the marriage, without permission of the respondent, the appellant was doing money lending business and was quarrelling with others. She used to abuse the respondent and children in filthy language and also used to beat them. The appellant without caring for the respondent, children and welfare of the family, treated the respondent and children cruelly. After giving false complaint against the respondent and his family members alleging dowry harassment, the appellant went to her mother's house without listening to the respondent, ignored him and was living according to her whims and fancies. The appellant developed illicit relationship with one Subramani, a provision store owner. They used to go to various places like husband and wife. From May 2004, the appellant is residing separately in another portion of the same house and leading immoral life. The said Subramani used to come to the house of the appellant in the night and spend the night with her. When the respondent confronted them, he was threatened with dire consequences. The appellant deserted the respondent for more than 3 years at the time of filing the O.P. and is living separately without any reason. In such circumstances, the respondent issued notice dated 01.06.2007 through his advocate to the appellant which was received by her on 08.06.2007. The appellant did not send any reply. Based on these averments, the respondent filed the said F.C.H.M.O.P.No.1 of 2014 for dissolution of marriage on the ground of cruelty and desertion.

Case of the appellant:

4. The appellant filed counter statement denying all the allegations made against her by the respondent. According to the appellant, it is only the respondent who used to come home drunk, abuse and beat the appellant and children. Due to the attitude of the respondent, the appellant admitted the children in the hostel and is educating them. The appellant denied that she is having illicit relationship with one Subramani and stated that the said allegation made by the respondent is imaginary. She further stated that only to damage the image of the appellant, such allegation has been made by the respondent. The appellant also denied that she is living separately from May 2004 and stated that both of them are living in the same house. The appellant is a B.Com degree holder, while the respondent studied only 10th standard. Due to this, the respondent is having inferiority complex. The respondent is having illicit relationship with one Santhi, wife of elder brother of the respondent. At the instigation of the said Santhi, the respondent starting consuming alcohol and assaulted