S. Vaidyanathan, J.—This Civil Miscellaneous Appeal arises out of the judgment and decree, in H.M. O.P.No.382 of 1999, dated 24.6.2005 passed by the Family Court, Coimbatore, whereby the petition filed by the appellant, for grant of divorce, under Section 13(i-a)(i-b) of the Hindu Marriage Act, i.e. on the ground of ‘cruelty’ and ‘desertion’.

2. The facts, in brief, giving rise to this appeal are as follows:

(i) The marriage between the appellant/husband and respondent/wife took place on 5.4.1993 at Sri Ethirajulu Janakiammal Thirumana Mandapam, Vysial Street, Coimbatore as per hindu rites and customs. After marriage, both of them were living in appellant’s residence at Palladam. In the petition filed by the appellant/husband for divorce, it was alleged that soon after the marriage, the respondent was behaving in a cruel manner, subjecting the appellant to the torture and tension and she is mentally imbalanced and suppressing this fact, the parents performed the marriage and it was not consummated and there were no conjugal relationship between him and the respondent and she did not show any interest in matrimonial life. Once, while the appellant and the respondent were t