The Court ruled that credible evidence of cruelty substantiated the appellant's claim for divorce, overturning the trial Court's dismissal based on unsubstantiated defenses by the respondent.

JUDGMENT :

P. DHANABAL, J.

1. This Civil Miscellaneous Appeal is preferred as against the fair and decreetal order passed in H.M.O.P.No.156 of 2018 on the file of the Family Court, Cuddalore, wherein, the appellant herein has filed a petition before the trial Court for granting divorce under Section 13 (1)(i- a) of the HINDU MARRIAGE ACT (in short, 'the Act'), on the ground of cruelty. The trial Court has dismissed the petition on 14.03.2022. Aggrieved by the said order, the appellant has preferred the present Civil Miscellaneous Appeal.

2. The case of the appellant is as follows:

The marriage between the appellant and the respondent took place on 12.06.2015 at Centre for Periyar Inter-caste marriage and Social Welfare Association at No.2, Kuruvappam Street, Puthupalyam, Cuddalore Taluk & District, and the said marriage was registered on the file of Joint Sub-Registrar-I, Cuddalore. However, the said marriage was solemnized without the knowledge of the family members of the appellant as well as the respondent, and after marriage they lived separately in their respective houses. Thereafter, the said marriage was brought to the knowledge of their parents and the marriage was accepted by the parents. On 12.06.2017, a marriage reception was held at KEM Marriage Hall, Pattambakkam. Thereafter, the appellant and the respondent were lived as a husband and wife. At the time of marriage reception, the appellant's parents gave a sum of Rs.3,00,000/- as sridhana, 10 sovereigns of gold jewels to the appellant and 4 sovereigns of gold jewels to respondent.

2.1. While appellant and the respondent were living together, the respondent used to come home with drunken mood and harassed the appellant by demanding a sum of Rs.2,00,000/- as dowry from her parents and he has also assaulted the appellant. The appellant has narrated the above said facts to her parents, and both the family members have convinced the appellant and the respondent to resume matrimonial relationship. Thereafter, the appellant and the respondent jointly lived together and within a month, the respondent again used to come home with drunken mood and assaulted the appellant. On 20.05.2018 by demanding dowry, the respondent heavily beaten the appellant and sent out her from the matrimonial house. Thereafter, the appellant is living with her parents. Though the family members convinced them by conducting Panchayat through elders for re-union, the respondent refused for the same. Hence, the appellant has filed a petition seeking for divorce.

3. The case of the respondent is as follows:

The petition is false, frivolous and it is liable to be dismissed in limine. The marriage between the appellant and the respondent is true and their marriage reception was held on 12.06.2017 at KEM Marriage Hall, Pattambakkam. The allegations made by the appellant that, the appellant's family presented a sum of Rs.3,00,000/- for house hold utensils and 10 sovereigns of gold jewels to the appellant and 4 sovereigns of gold jewels to the respondent are all false. The averments that the respondent demanded a sum of Rs.2,00,000/-, assaulted and harassed the appellant by way of demanding the aforesaid amount are all denied as false. There is no child was born from and out of the wedlock between the appellant and the respondent. The appellant and the respondent are backward communities and the appellant's family is richer than the respondent's family. The appellant's parents are not inclined to accept the intercaste marriage and only at the instigation of the appellant's family, the present petition is filed. Therefore, the petition is liable to be dismissed.

4. Before the trial Court, on th