Court found no grounds for divorce based on alleged cruelty and desertion, confirming the lower court's dismissal of the petition.

For Appellant : Mr. P. Thiagarajan For Respondent : Mr. D. Stephen JUDGMENT R. SUBBIAH, J This appeal has been filed as against the order and decree dated 12.10.2017 passed by the Family Court, Chengalpattu in IDOP No. 46 of 2016. By the said order dated 12.10.2017, the Family Court dismissed the Original Petition filed by the appellant herein and refused to grant a decree of divorce to dissolve the marriage solemnised between him and the respondent on 03.05.1995.

2. The case of the appellant, as unfolded from the averments made in the Indian Divorce Original Petition, is that the marriage between him and the respondent was solemnised on 03.05.1995 at C.S.I. Emmanuel Church, Anna Nagar West, Chennai, as per Christian rites and customs. Due to wedlock, a girl child was born on 03.10.1997, named as Joanna Paul. After the marriage, the appellant and the respondent resided at No.46, Parali Nellaiappan Street, Ganapathipuram, East Tambaram, Chennai - 600 059 till 2003. According to the appellant/husband, during the middle of 2002, difference of opinion cropped up between them, which is largely attributable due to the change in the behaviour pattern of the respondent/wife towards the appellant/husband. It is the contention of the appellant that the respondent is working as a Teacher at SBOA Matriculation and Higher Secondary School, Chennai - 600 101. It is stated that the respondent had frequent conversation with a third person, who is said to be https://hcservicesh.eecrou rtsc.goovl.inl/hecsaergviucees/ and this had resulted in the matrimonial rift.

In fact, the so-called colleague's wife also threatened the respondent-wife to stop her relationship with her husband.

When this was questioned, the respondent-wife left the matrimonial home along with the minor child. Immediately, the appellant-husband had sent a notice dated 07.10.2002 to the respondent calling upon her to come and live with him, but the respondent did not comply with such demand. The appellant and the respondent were residing separately for about 11 years. While so, on 07.04.2014, the appellant sent another notice to the respondent calling upon her to give her consent for filing a Petition for dissolution of marriage by mutual consent. According to the appellant-husband, for the notice dated 07.04.2014, the respondent-wife had given a vague and bald reply dated 26.04.2014. Therefore, the appellant-husband has filed the Original Petition under Sections 10 (1) (ix) and 10 (1) (x) of the Divorce Act on the grounds of cruelty and desertion.

3. Countering the averments made by the appellant-husband in the Original Petition, the respondent-wife has filed a detailed counter affidavit before the Family Court, Chengalpattu. According to the respondent, she is working as a Teacher in a matriculation school at Anna Nagar, Chennai. After the marriage, the appellant and respondent resided together at East Tambaram and therefore, she travelled from East Tambaram to Anna Nagar for the sake of her employment. The daughter of the respondent is 19 years old at the time of filing the Original Petition and pursuing Second Year B.E. Course in Raja Institute of Technology, Thandalam, Chennai. It is the contention of the respondent that out of her employment, she had provided all the amenities and necessities for running the family and the appellant-husband used to give only Rs.2,500/- per month during school days. After the daughter joined the Engineering college, the appellant-husband paid only Rs.5,000/- per month, which is a very meagre amount. Thus, it was the respondent-wife who is taking car