Divorce under the Hindu Marriage Act requires sufficient proof of mental cruelty to be sustainable in law.

JUDGMENT

Challenging the concurrent findings of the courts below rendered in juddgment and decree passed in C.M.A.No. 11 of 2021 dated 04.03.2025 on the file of IV Addl. District Judge, Udumalaipettai confirming judgment and decree rendered in H.M.O.P.No.66 of 2015, dated 11.02.2021 on the file of Sub-Judge, Udumalaipettai, the respondent wife preferred this C.M.S.A.

2. For the sake of convenience, the parties are denoted as per the ranking in the petition.

3. Before the trial court, the respondent husband viz., Vadivel Murugan, filed a petition in H.M.O.P.No. 66 of 2015 praying for a divorce under Sec. 13(1)(a)(ia)(ib) of Hindu Marriage Act, to dissolve the marriage solemnised between them on 20.02.2005. She has also contested the petition. On hearing both sides, the trial judge has allowed the petition filed by the husband by granting divorce. Challenging the same, she preferred an appeal in C.M.A.No.11 of 2021 before the IV Addl. District Judge, Udumalipettai and the same was dismissed by the first appellate court confirming the findings of trial court. Challenging the said findings, she had preferred this Civil Miscellaneous Second Appeal.

4. Brief facts of the case is as follows :-

On 20.02.2005 the arranged marriage was performed between the appellant and respondent. At the time of marriage, the appellant wife was a P.G.Assistant at the High School at Kudimangalam and the respondent husband is also employed as a Teacher in a Middle School at Chinnaveerampatti. They have started their matrimonial home at Sivasakthi colony, Udumalaipettai Taluk. Out of their wedlock, she gave birth of female child on 04.04.2006 and another female child was born on 24.08.2012. Inspite of children, the appellant wife failed to give her salary and with the help of her father, she always ill-treated him, however, at the intervention of elder people, they were compromised. Thereafter, they have purchased a house plot and constructed a house by availing loan from Bank of India and income of appellant wife was not given to the family. At the instigation of her parents, she has not even prepared food and other amenities to her husband and always scolded him with unparliamentary words and also insisted to buy a car by borrowing loan, when he refused, she started to fight with him and gave a false complaint before All Women Police Station, Udumalaipettai. She also used to go to travel with another person in a bike and forcibly left the matrimonial home by picking up car key from him along with children. When he was met with small accident and admitted in hospital, she is not even inclined to take care of him and as a wife, she failed to discharge her duty and also ill-treated him, thereby the attitude of wife caused cruelty and mental agony to him. Therefore, the petitioner come forward with a petition seeking for a divorce.

5. The appellant wife submitted objections stating that from the date of marriage, they have demanded dowry and harassed her and her parents alone brought up the children by taking the house for rent nearby her place and helped her. In fact, her husband, the respondent herein used to spend more time along with other women and on one occasion, when she had questioned the same, he beaten her and also forced to send out her from matrimonial home. Even while going to the work place, her husband not even taken care to drop her through bike and she used to go to office by bus after maintaining children. The ATM card was in the hands of her husband, he only used all her salary, but he filed a petition for divorce with false allegation. Hence, she prayed to dismiss the petition.

6. Before the trial court, on the side of respondent husband, P.W.1 to P.W.5 were ex