GOVINDAN Vs. RADHAMANY

JUDGEMENT

(1.) THE petitioner filed O.P.(HM) No.655 of 2011 on the file of the Family Court, Thodupuzha against the respondent for divorce under Section 13(1)(ib) of the Hindu Marriage Act. The respondent was ex -parte before the Family Court. Still, the Family Court dismissed the Original Petition on the ground that the marriage between the parties was not proved. The petitioner stated in the Original Petition before the Court below that the marriage between the petitioner and the respondent took place on 15.11.2003 and they resided together. In that wedlock two children were born. It was also stated that O.P.(HM) No.48 of 2008 was filed by the petitioner for divorce on the ground of cruelty. It was stated that as a result of several rounds of mediation talks, there was a re -union and a joint endorsement was made on O.P. No.48 of 2008 to that effect. The allegation is that the respondent deserted the petitioner without any cause or justification. It is also stated in the petition that the petitioner filed O.P.(HM) No.142 of 2009 and that petition was dismissed for default. The petitioner states that he also filed O.P. (G&W) No.510 of 2011 for appointing him as the guardian of the children.

(2.) THOUGH notice was served on the respondent, she did not enter appearance before the Court below. The affidavit of the petitioner and another witness were filed before the Family Court. However the Family Court held as follows: