Mutual unfounded accusations without evidence can justify mental cruelty, allowing for the dissolution of marriage despite ongoing familial and legal disputes.

JUDGMENT :

G. JAYACHANDRAN, J.

1. These two appeals are by the husband, who lost his petition for divorce filed under Section 13(1)(ia) & (ib) of the Hindu Marriage Act in O.P.No.4042 of 2014 on the file of the Principal Family Court, Chennai and also lost to his wife in her petition for restitution of conjugal rights filed under Section 9 of the Hindu Marriage Act in O.P.No.2166 of 2012 on the file of the Principal Family Court, Chennai. Both these original petitions were disposed of by a common judgment dated 29.03.2019.

2. For the sake of convenience, the appellant is referred as husband, the respondent is referred as wife.

3. The brief facts leading to these two appeals can be capsulized as below:-

On 16.11.2011, the appellant / husband and the respondent / wife got married as per the Hindu Rites and Customs Act. After a week of that marriage, nuclear family was set up and the appellant used to go to his work as Teacher in Neikarapatti village from his place of residence which is known as VK Mills Quarters. He also used to visit his parents and brothers living in the nearby village called Aiyampalayaam village on his way back to home. As a Teacher, he used to entertain students at his home when they approach him for doubts in their subject. However, the respondent always used to suspect his conduct and humiliate him by her bad behavior. She has demanded the salary to be handed over to her and restricted the appellant from spending money for his mother and brothers. The misunderstanding between them grew day by day when third parties intervened and started tutoring him in the nature of advise. The appellant’s character was suspected by the respondent / wife, despite his responsibilities and duties, expecting metropolitan style of living, the respondent continuously was in mental cruelty and started abusing him with filthy language. Unable to continue the relationship, the appellant / husband had left the company of the respondent / wife and caused notice to her on 16.04.2012 through the Advocate, for which, the wife threatened the husband that she will lodge criminal complaint alleging dowry harassment against him and his mother.

4. In the said circumstances, the husband filed HMOP.No.62 of 2012 before the Sub-Court, Palani, later transferred and re-numbered as HMOP.No.4042 of 2014. Meanwhile, the respondent / wife gave a police complaint on 15.08.2012 before D2-All Women Police Station, Anna Salai, Chennai and got it registered in Crime No.4 of 2012 as against the husband and his family members, alleging that he has been living with her only for three days and thereafter, he had been in bad association of family on bad repute and he has been forcing to bring original documents of property from her matrimonial home and transferred the property in his name. Subsequently, the husband has obtained Anticipatory Bail from High Court, in connection with the complaint alleged against him. The case finally ended up in C.C.No.7432 of 2014 before Chief Metropolitan Magistrate Court, Egmore.

5. The appellant’s petition in HMOP.No.4042 of 2014 for annulment of the marriage and seeking divorce was dismissed by the Principal Family Court, Chennai vide order dated 29.03.2019 and HMOP.No.2166 of 2012 filed by the wife for restitution of conjugal rights was allowed whereas the version of the wife, who is the respondent herein is that the marriage was solemnized on 16.11.2011 at Triplicane, Chennai and the matrimonial home was setup in Palani and, at the time of marriage, 35 sovereigns of jewels, a gold chain and ring was given to her husband / appellant and Sridhana articles with sharing of marriage expense