P.C. KUNHINARAYANAN Vs. VIJAYAKUMARI

JUDGEMENT

(1.) This appeal has been preferred by the husband against the dismissal of his original petition for dissolution of marriage on the ground of desertion.

(2.) The marriage between the appellant and the respondent was solemnized on 31/8/1991 (According to the respondent, the date of marriage is 29/8/1991) at Balal Sri Bhagavathi Kshethram, Hosdurg. Two children were born in the wedlock. Admittedly, they lived together as husband and wife only till 10/7/1996 and since then, they are living separately. After the marriage, the appellant and the respondent were residing at the house of the appellant. The respondent went to her house on 10/7/1996 for the delivery of the second child. Thereafter, she did not return to the house of the appellant. The appellant alleges that the respondent without any reasonable cause did not return to matrimonial home intentionally and thus, deserted him. On the other hand, the respondent alleges that she was treated with cruelty by the appellant while they were living together and further the appellant has contracted another marriage and living with the said lady. Thus, the respondent projects reasonable cause for her separate living. In the year 2002, the appellant preferred Original Petition for dissolution of marriage as OP No.88/2002 on the ground of desertion. The said original petition was dismissed holding that the respondent did not desert him.

(3.) It is alleged in the original petition that the respondent left the company of the appellant without any reasonable cause since 10/7/1996. It is further alleged that, on so many occasions, the appellant approached the respondent and tried to bring her back to his house and he attempted to contact her over telephone but the respondent did not turn up. It is specifically alleged that, on 10/12/2013, the relatives of the appellant and mediators again approached the respondent and requested her to join him, but she expressed her unwillingness to come and reside with him and continue the marital relationship.