JUDGMENT :

Prayer: This Civil Miscellaneous Appeal is filed under Section 29 of the Hindu Marriage Act r/w. Section 100 of the Code of Civil Procedure, against the judgment and decree, dated 15.03.2021, made in H.M.C.M.A. No.20 of 2020, on the file of the Principal District Judge, Theni, by confirming the judgment and decree, dated 29.07.2020, made in H.M.O.P.No.5 of 2018, on the file of the Sub Court, Theni.

This Civil Miscellaneous Second Appeal has been filed against the judgment and decree, dated 15.03.2021, made in H.M.C.M.A. No.20 of 2020, on the file of the Principal District Judge, Theni by confirming the judgment and decree, dated 29.07.2020, made in H.M.O.P.No.5 of 2018, on the file of the Sub Court, Theni. The appellant herein is the petitioner - husband and the respondent herein is the respondent-wife.

2. Brief substance of the petition in H.M.O.P.No.5 of 2018, is as follows :

2.1. The petitioner is an Ex-service man. The marriage between the petitioner and the respondent was solemnized on 11.06.1993 at Sethumaravar marriage hall at Bodinaykanur, Theni District. The respondent was not gifted with any jewels, at the time of marriage. After five years of marriage, the parents of the respondent gave 6 1/2 sovereigns to the respondent and they gifted Sridhana articles worth about Rs.25,000/-. The jewels and the articles are in the custody of the respondent. They lived in Gwalior, Mathyapradesh. When ever the petitioner used to converse in Hindi language, the respondent used to suspect him and used to quarrel with him. She failed to do her matrimonial obligations. They were blessed with one son on 15.06.1994, viz., Muneeswaran. The petitioner was then transferred to Mumbai and they lived there from the year 1996. The respondent suspect every word and deed of the petitioner. They were blessed with the second son viz., Ramkumar, on 25.05.1999. Then the petitioner was transferred to Gahauti, Assam and they lived there from the year 2001 till 2003.

2.2. The respondent suspect the petitioner and obstructed him from doing his duty and because of the attitude of the respondent, the petitioner was not able to concentrate on his work and he got Voluntary Retirement from the military service. Due to the harassment of the respondent, the petitioner was made to work as a watchman instead of serving in the military. After retirement, they lived in a rental premises in Bodinaykanur. Due to the nature of the respondent, the landlord asked them to vacate the premises. Later in the year 2006, the petitioner purchased a plot with the help of Bank loan and constructed a housed in the year 2013. When the petitioner was struggling with the repayment of loan, the respondent continued to fight with him for one reason or the other.

2.3. She demanded to transfer the ownership of the house to her name. Considering the welfare of the children, the petitioner transferred the house property in her name. In order to repay the bank loan, the respondent disposed of the house property without the knowledge of the petitioner and she closed the Bank loan. Once again, they were made to reside in a rental premises. The respondent used to remove and throw away the sacred Thali and she used to go out of the matrimonial home. The petitioner had to trace out and bring her back to the matrimonial home. The respondent used to threaten the petitioner that she would consume poison. On 11.05.2014, she consumed poison and she was admitted in Ragavan Hospital for treatment. The brothers of the respondent threatened the petitioner that they will burn him, if something happened to their sister. The elder son got married in the year 2013 and due to the attitude of the respondent, the daughter-in-law left the house. From December – 2016 onwards, the respondent is living separately, there is no possibility of the petitioner to live jointly with the respondent.

3. Brief substance of the counter filed by the respondent, in H.M.O.P.No.5 of 2018, is as follows:

3.1. The marriage betw