JUDGMENT

(Judgment of the Court was made by T.RAJA, J.)

The appellant/Mr.S.Venkatesan, husband of V.Dhanalakshmi/first respondent herein, has filed this Civil Miscellaneous Appeal challenging the impugned fair and decreetal order passed by the learned Additional Principal Family Court, Coimbatore, in H.M.O.P.No.304 of 2012, dated 23.03.2017, refusing his prayer for divorce against his wife/first respondent.

2. It is averred in the petition filed before the Family Court that the appellant/husband married the first respondent/wife on 10.03.1989 at Karamadai Aranganadar Koil, Coimbatore, as per Hindu Rites and Customs. Out of the said wedlock, they were blessed with two children, namely, Ranjani and Mahendran, on 01.07.1990 and 09.08.1994 respectively, and they are now residing with the first respondent/wife. The allegation of the husband is that after the birth of the first child, the first respondent/wife used to pick-up quarrel without any reason and go to her parents' house often. Even in the year 1990, for no reason, she lodged a false complaint against her husband stating that he has been demanding dowry. On enquriy, police found that the said allegation was a false one and they advised the couple to live together. Subsequently, after a period of three years, she joined with her husband for resuming conjugal relationship. However, even thereafter, she picked-up quarrel with her husband unnecessarily and started causing cruelty and humiliation. Besides, she has avoided cohabitation with her husband for about 10 years, that also caused him immense cruelty. It is further averred that the appellant/husband had deposited a sum of Rs.2,50,000/- in City Cooperative Bank and Rs.1,00,000/- in Central Bank, Avarampalayam, in the name of his wife/first respondent. He had also purchased a plot measuring 4.75 cents at Neelambur, in his wife's name. Besides, he spent a sum of Rs.2,00,000/- for medical expenses of his wife when she was suffering cancer.

3. While the matter stands as above, the second respondent/K.Arumugam, son of Kumarasamy, residing at 74/158, Elango Nagar, who is a friend of the appellant for the past 40 years, misusing his friendship, used to visit his house often and thereby developed illicit relationship with his wife and finally, the second respondent has taken him to Malampuzha in the guise of friendly picnic, wherein while he was taking bath, the second respondent/paramour of the first respondent stabbed the appellant with a knife on his hip, stomach and neck and thrown a big stone on his back and thereafter, he left the place of occurrence presuming that the appellant/husband died. Subsequently, with the help of the police and others, the appellant was taken to Hospital at Palakkad and he was again taken to Tiruchur hospital for better treatment. Later-on, a case in Crime No.150/2011 was registered against the second respondent alleging that he attempted to kill the appellant due to his enmity towards him as he was having illicit relationship with his wife/first respondent herein. After the registration of FIR, the second respondent was arrested by the police and subsequently, he was released on bail. After the investigation, Malampuzha police also had filed a charge sheet. During the pendency of the matter, after he was released on bail, the second respondent used to meet his wife/first respondent. Thus, for all these reasons, having suffered mental cruelty, the appellant filed the divorce petition under Section 13(1)(i)(ia) of the Hindu Marriage Act seeking to grant a decree of divorce dissolving the marriage solemnized between them on 10.03.1989 at Karamadai Aranganadar Koil, Coimbatore.

4. The first respondent/wife has filed a detailed counter affidavit before the learned Family Court denying the allegation of adultery with the second respondent. It was the stand of the first respondent/wife that before the marriage, in the year 1983, she joined as a permanent worker in M/s.Lakshana Cotton Spinning Mills, Chinnama