Cruelty not condoned by brief cohabitation; subsequent false allegations confirm persistent mental cruelty justifying divorce.

JUDGMENT :

R.POORNIMA, J.

The appellant / Petitioner has filed this Civil Miscellaneous Appeal against the order dated 21.10.2020 passed in H.M.O.P.No.20 of 2020 by the Family Court, Thoothukudi, wherein, petition filed under Section 13(1)(i-a) of Hindu Marriage Act, seeking divorce was dismissed.

2. The brief facts of the case as follows:

(a) The marriage between the appellant and the respondent was solemnized on 11.06.2000 at Thoothukudi, at Mano Wedding Hall, in accordance with Hindu rites and customs. The appellant is a B.E. Mechanical Engineering graduate and was engaged in private undertaking works. Out of the wedlock, the parties were blessed with two female children, namely Divyadharshini and Deivadharshini, who were born on 25.12.2002.

(b) During the year 2007, the appellant secured an employment opportunity at Hyderabad. Thereafter, the appellant and the respondent lived together in a rented house at Hyderabad and initially led their matrimonial life peacefully. However, after some time, the respondent started creating problems with the appellant whenever he returned from work. She allegedly damaged household articles and behaved in an abnormal and aggressive manner. The respondent also developed a habit of threatening the appellant that she would commit suicide, and on several occasions she attempted to commit suicide by consuming sleeping pills.

(c) Further, the respondent frequently suspected the character of the appellant. Due to the conduct of the respondent, the appellant was subjected to severe mental agony. At one point of time, the appellant also suffered from a cardiac ailment and underwent treatment from the year 2012 to 2014. Subsequently, the appellant noticed certain changes in the attitude and behaviour of the respondent. The respondent deserted the appellant and the children and developed an illicit intimacy with one Ramesh who is running a photo studio in the locality. She sold her jewels and spend the money lavishly with the said Ramesh. On 08.06.2014 at about 01.05, the respondent kept the children in a room and locked and was in the company of the Ramesh, at that time the appellant came to the house and seeing him, he escaped from the backside of the house.

(d) Due to the above conduct of the respondent, the appellant suffered severe mental agony. The respondent also had a habit of sending threatening messages to the appellant. She failed to properly maintain and take care of the children. Therefore, the appellant resigned from his job in the year 2015 and started living with his two daughters at Thoothukudi. At present, the children are under the care and custody of the appellant.

(e) On 15.05.2015, the appellant lodged a complaint against the respondent at Kolkonda Police Station. Thereafter, on 20.05.2015, the appellant issued a legal notice to the respondent seeking divorce. The respondent sent a reply notice on 28.05.2015 containing false allegations against the appellant. Hence, the appellant filed a petition for divorce on the ground of cruelty.

3. The respondent denied the allegations made by the appellant. According to the respondent, due to excessive consumption of alcohol, the appellant suffered a blockage in his heart. She contended that it was the respondent who admitted the appellant to the hospital in the year 2012 and took care of his health. The respondent further stated that she always took care of the children and showed love and affection towards them.

3.1. The respondent alleged that the appellant is a habitual drunkard and that he failed to take care of the respondent and the children and did not go for any employment. According