Failure to prove substantial claims of cruelty and desertion under Sections 10(1)(ix) and (x) of the Divorce Act resulted in the dismissal of the petition for divorce.

JUDGMENT :

R. SAKTHIVEL, J.

1. The husband is on appeal. Challenge is to the dismissal of his original petition on December 12, 2013 filed in IDOP No.165 of 2003 substantially on the ground of cruelty and desertion by the learned Principal District Judge, Chengalpattu.

2. For the sake of convenience, henceforth, the parties herein will be referred to as per their array in the Original Petition.

3. Brief facts of the case are as follows:

3.1. The parties got married on October 13, 1993 at C.S.I. Church, Mogalvadi, Madurantakam as per the Christian rites and customs, though the husband is originally a Hindu. It is the claim of the petitioner that, under the compulsion of the respondent, he converted to Christianity. They lived peacefully for two years. A male child was born out of their wed-lock on October 14, 1994, but the delivery of the child was not intimated to him. According to the husband, after the birth of child, he went to his in-law's house and called his wife home, however, she refused to join him. Her family members insisted him on setting up a separate living with his wife. The husband refused to set up a separate house since he is the elder son to his family having age old parents.

3.2. In the meantime, the wife lodged a complaint before the All Women Police Station, Kancheepuram and after enquiry, the Police compromised and suggested re-union. Subsequently, the petitioner and respondent lived together for quite sometime. Since his wife repeatedly insisted him on setting up a separate house for their living, differences of opinion arose between them.

3.3. Thereafter, the respondent/wife filed a Maintenance Case in M.C.No.49 of 1998 before the II Additional Principal Family Court at Chennai praying for maintenance for the child and the same was ordered on March 15th, 1999 and till now the petitioner / husband is complying the said order.

3.4. According to the petitioner / husband, due to the above cruel act of the respondent, he lost his peace of mind rendering him unable to continue his job. Consequently, both of them are living separately. Hence, he filed a petition for divorce.

3.5. The divorce petition was resisted by the respondent/wife contending that the birth of her child was informed to the petitioner/ husband by her sister and she denied the allegation that the conversion of the petitioner from Hinduism to Christianity was under her compulsion. The respondent claims that the petitioner, on his own volition, converted from Hinduism to Christianity. After marriage, the petitioner and the respondent set their matrimonial home at Camp Road, Tambaram and both were living together happily. After two months, the parents of the petitioner accepted their love marriage and upon their consent, a reception was arranged inviting all the relatives. At the time of reception, the parents of the respondent / wife gifted seven sovereigns of gold jewels and some house hold articles as Sridhana properties and then they lived in the petitioner's house at Chitlapakkam. The parents of the respondent also celebrated the child warming ceremony which was held at the petitioner's house and thereafter, the respondent was taken to her parent's house for delivery. After the child birth, the petitioner showered love and affection on the child and used to visit the respondent regularly for about six months.

3.6. While so, the petitioner / husband slowly cut down his visits and subsequently, stopped coming to the respondent's house. In May 1995, the respondent went with her child to her in-law's house where the petitioner and his parents refused to meet and listen her. In June, 1995, she went to his work place and requested him to take her to his house and live with her along with the child. However, the petitioner refused to live along with the respondent. The respondent was starving without food and suffered for want of basic needs. She moved to her brother's house at Pallavaram and managed to get employed in the company where her husband was wo