A Division bench at Madurai of Madras High Court held as follows
From Para 17,
E.Thilagavathy Vs M.Punniyamoorthi on 22 Dec 2023
17. Whether the wife has committed cruelty by levelling such allegation is the point for consideration. The wife is always ready and willing to live with the husband along with two children. It is the husband, who is running away from the matrimonial home without discharging his duty and responsibility as a husband. It is the specific plea of the wife as well as in her evidence that they have not even availed the facilities offered by the Southern Railway for the last 15 years. The husband has not even included the name of the wife and children in the Service Register so as to enjoy certain facilities offered by the railways to the staff of the family. This attitude of the husband assumes significance inasmuch as he never intended to lead a peaceful/joint life with the wife and children by taking care of them as a dutyful husband. In the absence of any specific plea regarding alleged desertion and in the absence of the proof with regard to desertion for continuous period of two years by the wife, without reasonable cause, the trial Court has gone and discussed in detail and treated the same as cruelty. None of the allegation that was averred by the husband as cruelty and nor proved in the manner known to law. On the contrary, the wife has clearly demonstrated before this Court through her pleadings and her evidence and by way of suggestion during the cross-examination of P.W.1-husband that the husband has not discharged his duties and he is the one, who has not come to the matrimonial home, even when the wife is willing to lead a peaceful life and therefore, we find that she has demonstrated the cruelty at the hands of the husband to the effect that he is not interested to live with the wife and children by not giving any financial assistance and has not included the wife and children in the service register in the railways so as to enjoy the facilities as a family member. These admitted facts would go to show that it is the husband, who has committed cruelty and therefore, the wife was forced to live in the house of her father. The reason assigned by the wife is found to be reasonable and acceptable.
Divorce judgments here.