K.ARUNACHALAM Vs. SIVAPARVATHI

JUDGEMENT

(1.) Challenging the concurrent findings of the Courts below, the appellant / husband preferred the above Civil Miscellaneous Second Appeal.

(2.) Short facts as stated are that the appellant/husband filed a petition for divorce on the grounds of cruelty. According to the appellant/husband, the respondent/wife demanded setting up a separate home. On 07.01.2001, she broke the chain in her neck and left the house. Again, came on 11.01.2001 and picked up quarrel and demanded the expenses done by her parents towards solemnization of the marriage between them. Despite negotiations, the respondent / wife refused to return home, but lodged a false complaint against the appellant / husband and his family members for dowry harassment before the Police on 05.03.2001. On the basis of the complaint, the appellant/husband and his family members were called to Police Station for enquiry, due to which, the appellant/husband family suffered ignominy and mental agony. Pursuant to the complaint, the respondent / wife has taken her books, certificates and other articles and also taken her daughter along with her. Thereafter, the respondent/wife caused damage to his reputation by picking up quarrel at his office. Therefore, he sought divorce on the grounds of cruelty. The said allegations were denied by the respondent / wife. On the basis of the oral and documentary evidence, the Trial Court came to the conclusion that the element of cruelty was not proved by the husband and dismissed the petition for divorce. The said decree and judgment was confirmed by the Lower Appellate Court. Challenging the same, the present Civil Miscellaneous Second Appeal has been preferred by the appellant / husband.

(3.) Heard the submissions made on either side and perused the materials available on record.