J U D G M E N T

(Judgment of the Court was delivered by SUNDER MOHAN,J.)

The appellant has preferred the above Appeal challenging the order passed in H.M.O.P.No.9 of 2018 dismissing his petition for divorce filed on the ground of cruelty and desertion against the respondent herein.

2.The brief averments in the Petition filed for divorce on the ground of cruelty and desertion are as follows:

a. The Appellant married the Respondent on 19.03.2014. The Appellant and the Respondent lived together hardly for a few months. The Appellant was working in Singapore and he took the Respondent to Singapore four times on tourist visa. In Singapore, they did not lead a happy life. The Respondent used to pick up unnecessary quarrels with the land lord and then, instigate the Appellant to go and fight with the land lord. The Respondent, whenever, she visited India used to live in the house of the Appellant's parents for sometime and thereafter, pick up quarrel and leave to her parent's house. The Appellant made all efforts to bring her back and all the efforts failed. In the first week of October 2014, the Respondent left the matrimonial home and started living with her parents. Thereafter, she never returned to the matrimonial home. The Appellant and the Respondent hardly lived for 137 days together. The Appellant, therefore, submitted that there was a irretrievable break down of marriage and there is no way of leading a peaceful matrimonial life with the Respondent and hence, prayed for dissolving the marriage on the ground of cruelty and desertion.

b. The Respondent herein filed a counter stating that it is false to allege that they got separated in the year 2014 itself. She lived with the Appellant till 2016 and she went to Singapore with a fond hope that she can lead a happy matrimonial life with the Appellant. The Appellant's mother used to scold her by using filthy language and she was treated very badly in the house of the Appellant. In Singapore, the Appellant took her to the place where she had to share the hall, kitchen and pooja room with other people. She had only one room for privacy and for the whole day, she was confined to that room. She was stressed and depressed because of the action of the Appellant. The Appellant's family was always interested only in money and all the persons in the Appellant's family dominated her and they used to abuse her. They used to abuse her saying that she was responsible for all the bad events that took place in the Appellant's house. The Appellant never spoke to her, when he was away in Singapore. Whenever he called from Singapore, the mother-in- law and sister-in-law grabbed the phone from her and never allowed her to speak to the Appellant. She was treated like a chattel in the house of the Appellant. Ultimately, unable to bear the cruelty meted out to her, she was driven out of the house in the year 2016. Her father picked her and thereafter, she left to her parent's house. All the attempts made by her to reunite ended in vain. She had given dowry of not less than 50 sovereigns to the Appellant. The Appellant have retained those jewels and refused to return the same.

Hence, she prayed that the Petition for divorce may be dismissed.

3.Before the Family Court, the Appellant examined himself as PW1 and his mother as PW2. He marked three documents viz., Ex.P.1 to Ex.P.3. Ex.P.3 is a computer disk containing the conversation between the Appellant and the uncle of the Respondent. The Respondent examined herself as RW1 and did not mark any document on her side. The trial Court found that the allegations of cruelty and desertion have not been made out by the Appellant.

The trial Court dismissed the divorce petition holding that the allegations and averments made by the Appellant was relating to a normal wear and tear in any family life. The allegations are not grave enough to grant a decree of divorce.

4.The Appellant, aggrieved by the order of the Learned Judge, has filed the above Appeal.

5.The learned Co