(1.) This civil miscellaneous appeal is directed against the Judgment and Decree, dtd. 15/3/2016, passed in H.M.O.P. No.49 of 2015, on the file of the Family Court, Tirunelveli, dissolving the marriage held between the appellant and the respondent.
(2.) For the sake of convenience, the parties are referred to as per the ranking before the Trial Court.
(3.) The petition for divorce under Ss. 13(l)(i-a) and 13(l)(i-b) of the Hindu Marriage Act, 1955 was filed by the petitioner on the ground that he married the respondent on 31/5/2012 at Madurai Kalavasal, as per the Hindu rites and customs. The matrimonial home was set up at Chennai Velacherry. They lived as husband and wife for two months and thereafter, the respondent, under the pretext of her ill health, went to her parents home on 14/9/2012. Thereafter, on 28/9/2012, the respondent joined the petitioner's family to go to Tirupathi and after the visit to Tirupathi, within a week's time, the parents of the respondent came to Velacherry and quarreled with the petitioner and took the respondent back to Tirunelveli. After some reconciliation, the respondent joined the petitioner on 8/11/2012. The said reconciliation did not long-last. On 20/6/2013, the respondent was tested positive for pregnancy and was taken to her parents' house. Thereafter, there was no information about her health condition or contact with the petitioner. It is alleged in the petition that the petitioner was unable to concentrate on his work due to the mental torture caused by the respondent and he was forced to resign his job. He came down to Madurai and joined his parents to look after the family business. On 25/2/2014, a male child was born to them. When the petitioner and his parents went to see the child, they were humiliated and sent out by the respondent's family. In the said circumstances, since the attempt for mediation and conciliation got failed, notice was exchanged between the parties and the petition for divorce was filed on the ground of cruelty.