JUDGMENT

(Prayer: Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act read with Section 100 of C.P.C, to set aside the order and decreetal order dated 09.11.2010 in CMA.No.2 of 2010 on the file of the District Judge, Karur reversing the order and decreetal order dated 23.12.2009 in HMOP.No.35 of 2007 on the file of the Additional Subordinate Judge , Karur.)

The respondent herein had filed HMOP.No.35 of 2007 on the file of the Additional Subordinate Court, Karur seeking divorce on the ground of cruelty and desertion. The said petition was dismissed by the Trial Court. Challenging the same, the respondent herein had filed CMA(MD).No.2 of 2010 before the District Court, Karur. The First Appellate Judge after re-appreciation of oral and documentary evidence, has allowed the appeal and granted a decree for divorce. Challenging the same, the present Civil Miscellaneous Second Appeal has been filed by the appellant/wife.

2. The appellant herein had got married to the respondent on 14.09.1987. Out of the said wedlock, a son was born to them who is now a major.

3. The summary of the allegations in the divorce petition are as follows:

(i). The wife was