MUNESH Vs. ANASUYAMMA ALIAS PARVATHI

JUDGEMENT

(1.) THIS petition under Order 23, Rule 3 of the Code of Civil Procedure, has been filed in this appeal, namely, M. F. A. No. 526 of 2000.

(2.) IN the nutshell, the appellant filed a petition for divorce against the respondent Smt. Anasuyamma alias Parvathi with the allegations to the effect, that the wife Parvathi, had deserted the husband without any cause under Section 13 (1) (i-B), i. e. with the allegations and on the ground, that the respondent (spouse) has for a continuous period of more than two years deserted the petitioner without any reasonable cause and without any consent or wish of the petitioner.

(3.) THE trial Court on consideration of the material on record, has recorded a finding to the effect, that present respondent wife in the divorce petition who, as also respondent in the divorce petition, has got justifiable cause to withdraw from the Society of the husband, i. e. the petitionr and to stay separately from him. That the petitioner-appellant failed to prove desertion against wife, and so he was, not entitled to get decree for dissolution by divorce passed in his favour.