The absence of substantiating evidence for allegations of cruelty permits the granting of a divorce decree.

JUDGMENT

Sathish Ninan, J.

The original petition filed by the husband against the wife, seeking a decree of divorce alleging cruelty and desertion, was dismissed by the Family Court. The husband is in appeal.

2. The marriage between the parties was solemnised on

10.02.2002. It is alleged that, though the initial days of marital life was happy, gradually the relationship got sour. The respondent started treating the petitioner with cruelty, both mental and physical. False complaints were lodged against the petitioner and his parents before the police. The petitioner had filed O.P.(Div) No.218 of 2006 seeking divorce on the ground of cruelty. After counseling, the parties agreed to live together. Subsequently, the Mat.Appeal No.875 of 2014 petitioner shifted his residence to the parental house of the respondent. Again the relationship got strained. On 01.12.2007, the petitioner was expelled from the house and thereafter they are living separately.

3. The respondent raised counter allegations of cruelty against the petitioner-husband. It was contended that, due to continuous ill-treatment she had filed complaints before the police. While she admitted that pursuant to the counseling in O.P.(Div) No.218 of 2006 the parties started living at her house, it was alleged that the petitioner deserted her on 01.12.2007.

4. The Family Court held that the cruelty alleged is not proved and accordingly, dismissed the original petition.

5. We have heard the learned counsel for the appellant-petitioner. In spite of service of notice on the respondent, there is no appearance.

6. The parties have been living separately since the year 2007. Both parties level allegations of cruelty against each other. That the respondent had filed complaints against Mat.Appeal No.875 of 2014 the petitioner and his parents before the police, is not in dispute. Though the respondent alleged cruelty against the petitioner, there is no evidence to substantiate the same. But for the oral evidence of the respondent, no other evidence either oral or documentary was adduced on her side. Making such allegations without even attempting to substantiate the same, by itself, amounts to cruelty. The parties had been living separately since 2007. The respondent did not chose to seek for restitution of conjugal rights for so long. We find that the facts as above is sufficient enough to grant a decree for divorce.

Resultantly, the appeal is allowed. The impugned judgment is set aside. The marriage between the parties will stand dissolved by a decree of divorce.

Sd/-