JUDGMENT :

R.POORNIMA, J.

This Civil Miscellaneous Appeal is filed against the order and decretal order dated 31.01.2020 made in HMOP No.111 of 2014 on the file of the Family Court, Virudhunagar District at Srivilliputtur.

2.Brief case of the petition before the lower Court is as follows:

(i) The appellant / respondent is the wife and the respondent/petitioner is the husband. The marriage between the petitioner and the respondent was solemnized, on 25.06.2004 at Sivakasi Sri Karukkuvel Ayyanar Kovil Thirumana Mandapam, according to Hindu Customs and Rites. After marriage, the couple resided in the matrimonial home of the petitioner as a joint family.

(ii) Immediately after the marriage, the respondent had a quarrel with the petitioner. The respondent insisted for separate residence and she also quarrel with her mother-in-law and father-in-law by using abusive words.

(iii) Within a month of marriage, the petitioner aware of the respondent's cruel nature, separated from his parents and lived separately in Sivakasi. Even while living separately, the respondent abused and physically assaulted the petitioner and spoke to him in humiliating words.

(iv) The petitioner, therefore, went to Asilapuram, and lived in a house there, working in a mill. However, the respondent's cruelty continued to increase day-by-day. The respondent's father would take her to their home once in every ten days. Despite facing many hardships, the petitioner tried to reconcile and went to the respondent's native place, complained to the elders and brought the respondent back to Asilapuram.

(v) When the petitioner's father, who was then working as a Deputy Collector, came to visit his son at Asilapuram, the respondent quarrel and beaten up and caused injury to him. Unable to bear the humiliation, the petitioner's father became bedridden and died.

(vi) The respondent had threatened to poison and kill the petitioner several times. Therefore, the petitioner filed a divorce case in HMOP. No.108 of 2007 on the file of the Family Court, from the respondent. The respondent filed a petition in I.A.No.15 of 2008 seeking interim maintenance to conduct the case, which was ordered by the Family Court. However, the petitioner was unable to pay the amount as he was a daily wage earner, and the case was stayed.

(vii) During pendency of the case, the respondent went to Sivakasi and entered into the petitioner's house, beat him, and dragged him to the middle of the road, which caused great mental distress to the petitioner. The petitioner complained to the Deputy Superintendent of Police, Sivakasi, who warned them. The respondent also filed a maintenance petition before the Chief Judicial Magistrate Court, Srivilliputhur, seeking monthly maintenance, and the Court directed the petitioner to pay a sum of Rs. 2,500/- per month to the respondent.

(viii) The respondent's actions have made it impossible for the petitioner to live with her. Therefore, it is clear that the petitioner and respondent cannot live together. They are living separately for the past 8 years.

3. Since, there was no possibility of reunion, the petitioner/husband has filed a petition for divorce in HMOP No.111 of 2014 on the file of the Family Court, Virudhunagar District, on the ground of cruelty and desertion. In the said proceedings, the respondent entered appearance and filed counter denying all the allegations in the divorce petition as false and baseless.

4.On the side of the petitioner/husband, one witness was examined as PW1 and three documents were marked as Ex.P1 to Ex.P3. On the side of the respondent/wife one witness was examined as RW1 and three documents were marked as Ex.R1 to Ex.R3.

5.After hearing both sides, the learned Family Court Judge, considering the pleadings, oral and documentary evidence and arguments of the learned counsel for the parties, held that the petitioner/husband has proved that the respondent/wife caused mental cruelty and allowed the petition, on 31.01.2020.

6.Challenging the said order