Allegations of cruelty must be substantiated with credible evidence for divorce to be granted.

JUDGMENT

Challenging the judgment and decree made in H.M.C.M.A.No.1 of 2022 on the file of the learned Principal District Judge, Theni, reversing the fair and decreetal order made in H.M.O.P.No.6 of 2020 on the file of the Sub Court, Theni, dated 14.12.2021, this Civil Miscellaneous Second Appeal is filed. 2.For the sake of convenience, the parties are arrayed herein as per the ranking before the trial Court. The appellant herein is the respondent in the H.M.O.P. The respondent herein is the petitioner in H.M.O.P. The petitioner husband filed a petition for divorce on the ground of cruelty against his wife.

3.The case of the petitioner is as follows:

3.1.The marriage between the petitioner and the respondent was held on 11.03.2010, at Okkalikar Thirumanam Marriage Hall, at Cumbum, in accordance with Hindu rights and customs. At the very instance of marriage, the respondent had never been cordial with the petitioner and was not cooperating to take forward the matrimonial life peacefully. She indulged in disrespectful behaviour with the elders of the petitioner's family. While being so, on 16.10.2011, the couple were blessed with a male child, namely, Vishal. In the meanwhile, the respondent wife influenced by the wrong advises of her parents and out of her greed for money, she continuously pointed out that she is not happy with her husband and she is not inclined to continue her matrimonial life with her husband.

3.2.It is also alleged by the petitioner husband that, the respondent has inappropriate relationship with one Velu and only for the purpose of hiding all those wrong, she continuously indulged in creating troubles in the matrimonial family and she went to the extent of lodging a complaint before the All Women Police Station, Theni, on 18.05.2020, on the premise that the petitioner husband and his parents had demanded dowry. However, the Inspector of All Women Police Station on inquiry, concluded that, the respondent had lodged the complaint on the ill-advice of her parents and closed the complaint, advising the respondent to carry forward the matrimony with calm and amenity.

3.3.Even during the subsistence of the matrimony on 06.06.2012, the respondent went to the house of the said Velu and stayed along with him and on his advice, she has lodged a complaint at Cumbum South Police Station as against the petitioner husband. It is also alleged that on 22.10.2012, the respondent wife has given a written undertaking that she will not go to the said Velu's house and stay, as she had done on 14.10.2012 and on the basis of the said undertaking, the petitioner husband had condoned her mistake and continued to live with her, as a result of which on 21.10.2013, another son, namely, Ashwin, was also born to the couple.

3.4.The petitioner with the money which he had earned through his Army job, had also purchased a land in Cekkadi Street and had availed loan and constructed a house and conducted house warming for the said house on 12.03.2015. Despite his proper invitation to his parents-in-law, that is, the parents of the respondent wife, they failed to attend the said function. During May 2015, the petitioner had taken the respondent and children to his Army Quarters and lived there, wherein she had indulged in continuous quarrels creating great disharmony in the family and disruption to the petitioner in his working atmosphere. She also went to the extent of lodging complaints before his higher authorities in the Army Camp. She had totally refused to give matrimonial pleasure to the petitioner husband.

3.5.On 04.01.2016, the respondent's father, namely, Pichai Mani, along with one Army person, namely, Natarajan, son of Periyasamy, had together taken efforts