SIVADASAN Vs. PRABHA

JUDGEMENT

(1.) This appeal is filed by the petitioner in O.P.No.253/2006 challenging the judgment dated 26/04/2010 by which the Family Court dismissed the petition for divorce filed under Section 13 of the Hindu Marriage Act on the ground of cruelty and desertion.

(2.) The original petition was tried along with O.P.41/2004 which was one filed for past maintenance. Before the Family Court, petitioner relied upon the evidence of PWs 1 to 4 and documents Exts.A1 and A2. Respondent relied upon the evidence of Rws 1 to 3 and Exts.B1 to B3 documents.

(3.) Family Court found that there is no evidence to prove either cruelty or desertion and in the said circumstances, a decree for divorce cannot be granted.