The evidence presented must substantiate the claims of cruelty in a divorce case, and unsupported claims may lead to dismissal.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the Family Courts Act 1984, to set aside the judgment and decree dated 14.02.2020 passed in F.C.O.P.No.205 of 2018 on the file of the Family Court, Vellore, Vellore District and consequently allow the above Civil Miscellaneous Appeal.)

S. Sounthar, J.

1. Aggrieved by the dismissal of his petition for divorce on the ground of cruelty, on the file of the Learned Family Court, Vellore, Vellore District in F.C.O.P.No.205 of 2018, the husband has filed this appeal.

2. According to the appellant/petitioner/husband his marriage with respondent was solemnized on 12.10.2010. At the time of marriage, appellant was working in C.R.P.F. and the marriage was solemnized when he came back to his native place on one month leave.

3. The appellant alleged that when he came back in the month of February 2011, the respondent started quarrel with him and pressed for separate residence. The appellant heeding to her request set up a separate residence at kaniyambadi. Through wedlock with the respondent, a female child was born on 06.08.2012. He further alleged that he had given his bank salary account ATM card to respondent in February 2011 and by using that card she withdrew a sum of Rs.20.00 lakhs during the period from February 2011 to July 2015. When the appellant was posted at Gujarat, he requested respondent to join him at Gujarat but she refused. On his petition to All Women Police Station, Vellore and on the advise of police, respondent joined appellant at Gujarat. Subsequently, she withdrew from matrimonial home and returned to her parent's house on 09.07.2018 and since then she has been living away from matrimonial home. The appellant alleged the following acts of cruelties:

a) the respondent had cultivated the habit of non cooperation and subjected appellant to lot of verbal abuse.

b) the respondent had denied sex to appellant and whenever he approached respondent, she threatened to kill him by showing knife. During her stay in matrimonial home at Gujarat both of them slept in separate rooms.

c) the respondent has the habit of insulting appellant's parents and she refused to perform her duties as a wife.

d) the respondent withdrew Rs.20.00 lakhs from the salary account of appellant without his knowledge by using his ATM card. The respondent caused loss of Rs.45,000/- by admitting the child in an international school.

f) When the appellant tried for reunion, the respondent put forwarded unacceptable conditions.

On these pleadings the appellant sought for divorce on the ground of cruelty.

4. The respondent filed her counter denying averments found in the petition for divorce filed by the husband. She averred that from the date of marriage, the appellant failed to perform his duties as a husband and he was totally addicted to alcohol and due to influence of alcohol, he ill treated respondent. She further submitted that the mother of the appellant also ill treated her during her stay at matrimonial home. It was also alleged that the moment appellant leave his parental house for joining duty, she would be sent out of matrimonial house. She further averred that All Women Police got an undertaking letter from appellant that he would take care of respondent and her child and based on that undertaking she joined appellant and settled at Gujarat. The appellant started committing cruelty on the respondent after she joined him at Gujarat. The respondent also expressed her willingness to join the appellant in matrimonial home and sought for dismissal of the divorce petition.

5. Before the Family Court, the appellant was examined as P.W.1., his father was examined as P.W.2, his maternal uncle was examined as P.W.3 and his neighbor was examined as P.W.4. In support of his allegations of cruelty committed by respondent, he marked Exs.P.1 to P.3 on his behalf. The respondent examined herself as R.W.1 and no document was filed on her side. The learned Family Court on e