The appeal was dismissed due to insufficient evidence of cruelty and desertion by the respondent.

JUDGMENT :

M.Dhandapani, J.

The present appeal is directed against the order of the learned Addl. District Judge, Fast Track Court, Kancheepuram, in CMA No.1/2016, in and by which the rejection of the divorce sought for by the appellant in HMOP No.102/2016 by the learned Subordinate Judge, Kancheepuram, was confirmed.

2. In The brief facts of the case, as averred by the appellant seeking divorce, which are necessary for the disposal of this appeal are as under :-

The marriage between the appellant and the respondent was solemnised on 13.11.2005 at Kanchipuram and that they were leading a happy life and during the said period, the respondent went to her parent’s house for giving birth to their female child. Thereafter on return, the petitioner and the respondent were living separately at Kanchipuram. Since the return of the respondent from her matrimonial home after child birth, the respondent had been causing mental agony to the petitioner and had been making false allegation against the petitioner alleging that he was having illicit relationship with another woman. The petitioner lived with the respondent in her parent’s house and that the respondent took all the jewels and articles, which were given to her to her parental house. The petitioner was given scant respect and even was not served with food and often the petitioner had to take food outside. It is the further averment of the petitioner that he was beaten by the respondent’s father and was driven out of the house and since then the petitioner was living separately and all along, the petitioner wanted to unite and live with the respondent, but she refrained from coming and living with him. Since the respondent was not ready and willing to come and live with him, the petitioner filed the petition seeking divorce on the ground of cruelty and desertion.

3. Countering the aforesaid averments, it is the stand of the respondent that the respondent was behaving as a dutiful wife and was always ready and willing to cohabit with the petitioner, but he left his job and started living with his parents and was demanding money from the father of the respondent. The petitioner’s parents drove the petitioner and the respondent out of their house and, thereafter, the petitioner and respondent had been living at her parental abode, thereby, causing great burden to her parents. From the year 2010, the petitioner was living at Chennai and had never parted with his residential address and he did not take care of the respondent and his child and that the respondent had not lodged any case against the petitioner till date and even as on date, the respondent is willing to live with the petitioner and, accordingly, sought for dismissal of the petition for divorce.

4. Before the trial court, the petitioner examined himself as P.W.1 and marked Exs.P-1 to P-8. On the side of the respondent, the respondent examined herself as R.W.1 and no documents were marked. The trial court, on the basis of the oral and documentary evidence held that the ground of cruelty and desertion raised by the petitioner has not been proved and that there are no justifiable grounds to grant divorce and, accordingly, dismissed the petition for divorce.

5. Aggrieved by the said dismissal, the petitioner preferred appeal before the appellate court, which concurred with the view of the trial court and dismissed the relief of divorce to the petitioner, prompting the petitioner to file the present second appeal before this Court.

6. Learned counsel appearing for the appellant submitted that the courts below had not taken note of the pleadings, evidence and exhibits in proper perspective and had erred in dismissing the petition filed by the appellant.

7. It is the further submission of the learned counsel that inspite of the fact that the respondent had not taken any steps to come and live with the appellant, which is nothing but cruelty and also having not filed any petition for restitution of conjugal rights, the finding recorded by