JUDGMENT

(Prayer: Civil Miscellaneous Second Appeal is filed under Section 108 r/w Order 42 of Code of Civil Procedure, to set aside the decree and judgment, dated 28.09.2007 made in A.S.No.76 of 2005 in the Court of District Judge, Kanyakumari, Nagercoil reversing the judgment and decree, dated 11.07.2005 in H.M.O.P.No.74 of 2004 on the file of the 1st Additional Subordinate Judge, Nagercoil, Kanyakumari District.)

The husband had filed H.M.O.P.No.74 of 2004 on the file of I Additional Sub Court, Nagercoil seeking divorce on the ground of mental cruelty said to have been inflicted by the respondent wife. Considering the oral and documentary evidence on either side, the trial Court was pleased to allow the petition and has granted divorce decree. The wife had filed A.S.No.76 of 2005 on the file of District Court, Kanniyakumari at Nagercoil. The learned first appellate Judge after re-appreciating the oral and documentary evidence, has allowed the appeal and dismissed the divorce petition filed by the husband. Challenging the same, the present second appeal has been filed by the husband.

2. The allegations in the divorce petition could be summarized as follows:

(i) Due