A spouse cannot obtain divorce on grounds of cruelty if the evidence shows that they are the perpetrator of cruelty against the other party.

JUDGMENT

M.B.Snehalatha, J This is an appeal preferred by the appellant-wife, challenging the judgment and decree of divorce granted by the Family Court, Mavelikkara, in O.P( HMA ) No.126/2018 filed by the respondent-

husband.

2. The parties shall either be referred to by their rank in this appeal; or as "wife" and "husband" for case.

3. The husband filed the Original Petition seeking divorce on the ground of cruelty and desertion, asserting that his marriage with the wife was solemnised on 22.5.2011; that a child was born to them in the said wedlock; that the marital life with the wife was not happy from the very beginning itself due to her bahaviour and attitude. He then explained his case, saying that the appellant-wife showed hatred towards him and treated him with cruelty; that she was not even prepared to look after the child; that she was not interested in having sex with him and denied him sex and that she often threatened to commit suicide, after leaving a suicide note indicating his responsibility.

4. The husband's further imputations against the wife runs as follows:

Subsequent to the marriage, appellant/wife joined for B.Ed. course and that the entire educational expenses were met by him. In the year 2016, as insisted by the appellant, though they shifted their residence to another house, but there was no change in her attitude and behaviour. The wife insisted for pursuing higher studies and accordingly, she joined for M.Sc Physics course and he made all arrangements for her further studies. After joining for M.Sc course, the wife abandoned him and started to reside in her parental home from 18.3.2016 onwards. Though he used to go to her house to meet her, she forbid him from visiting her. Thereafter, he sent a notice to the wife seeking restitution of conjugal rights. He also filed a petition before the Family Court seeking restitution of conjugal rights and also seeking custody of the child. Subsequently, the said petition was dismissed as not pressed. On 14.11.2017, the wife, her mother, along with one of her relatives came to his residence and committed mischief and caused damage to his house. The wife tried to destroy the goodwill of the institution named 'Vijaya Chit Funds' run by the husband's father and committed mischief in its office of the said institution. Accordingly, his father was compelled to file a complaint before the police against the appellant/wife. His father also filed a case against the wife and her relatives before the Munsiff Court, Kayamkulam. Since the wife showed symptoms of mental illness, she was subjected to psychiatric treatment at 'Lakshmi Hospital', Ernakulam and 'Pramod Institute'. The parents of the wife suppressed her mental illness at the time of the marriage proposal. The marital relationship between the parties has thus been irretrievably broken. 5. On the afore factual assertions, the husband sought for a decree of divorce on the ground of cruelty and desertion.

6. The appellant/wife filed a counter denying the allegations made in the petition and also contending that it was the respondent/husband who harassed, ill-treated and subjected her to cruelty. She denied the allegations of desertion and cruelty levelled against her. She asserted that she secured admission for B.Ed course on merit and the claim of the husband that he met her educational expenses, to be incorrect. She explained that, on one occasion, when she took ₹1,000/- from the husband's purse, he became furious and ousted her from the matrimonial house; and that, on getting information about the same, her paternal aunt reached there and took her to her house. She maintained that the allegation of the husband, that she denied sex to him and was not interested in sex with him, is in