P VARGHESE Vs. SUDHA RANI

JUDGEMENT

(1.) This appeal is preferred by the appellant/husband against the judgment and decree dated 17.07.2012 in M.C.No.859/2010 on the file of Principal Judge, Family Court, Bangalore, whereby the petition filed by the appellant under Section 10(1)(ix) of the Indian Divorce Act, came to be dismissed.

(2.) The respondent is the legally wedded wife of the appellant. Their marriage was performed on 17.01.1994 at Malankara Catholic Church, Themanoor as per the customs prevailing in roman catholic since the appellant and respondent are roman catholic by religion. After the marriage, they led marital life. Out of the wedlock, a daughter by name Rita Mary was born. On 02.01.2005, the respondent left the matrimonial home and the company of her husband/the appellant. She has been living separately since then. Inspite of repeated request, she failed to come and join with the appellant. All the efforts made by the appellant/husband to restore the company of respondent/his wife went in vain. The respondent has deserted the appellant for a continuous period of five years before filing the petition for divorce. There has been irretrievable break down of the marriage between the appellant and the respondent. The appellant filed a petition for divorce under the provisions of the Indian Divorce Act for dissolution of marriage on the ground of desertion.

(3.) Though the notice was served upon the respondent, she remained absent. She was placed ex-parte. The appellant led his evidence as PW.1 and that of his daughter Rita Mary as PW.2. The certificate of marriage and family photo were marked as Exs.P1 and P2. The learned Principal Judge, Family Court, Bangalore, on appreciation of evidence, recorded a finding that the appellant/husband failed to substantiate the ingredients of desertion and thereby dismissed 0the petition by the impugned judgment. Aggrieved by the dismissal of the petition, this appeal is preferred.