K.T. PHILIP Vs. ANNAMMA @ ALEES

JUDGEMENT

(1.) The appellant is the husband of the respondent herein. He filed O.P.(Div) No.605 of 2007 under Section 10 of the Indian Divorce Act,1869, seeking a decree granting divorce on the ground of desertion.

(2.) The respondent opposed the said application and both parties adduced evidence. After considering the evidence on record, the Family Court rejected the claim for dissolution of marriage on the ground that the appellant failed to prove his case that the respondent has deserted him for the last two years, immediately preceding the presentation of the petition.

(3.) This appeal is filed challenging the findings, whereby the Family Court rejected the claim for dissolution of marriage. Brief facts of the case can be summarised as follows: The marriage between the appellant and the respondent was solemnized on 23.08.1976 and three children were born out of the said wedlock. According to the appellant, after the birth of the first child, the respondent deserted the appellant and she resided in her parental house for sometime. But, due to the intervention of Fr. Augustine, the respondent returned to the appellant and subsequently she deserted him again on several occasions. In 1982, she left the matrimonial home and resided in her parental house for five years and during that period, the children were residing with the appellant. However, she again returned to the matrimonial home in 1987. At last, on 04.08.1991, the respondent wilfully deserted the appellant and she has not returned till the filing of the petition in the year 2007. Though, the appellant had made several attempt to bring back the respondent, all his earnest efforts were ended in failure. Immediately after the departure, the respondent started to file cases against the appellant as M.C. No.47 of 1999, O.P. No.283 of 1998 and O.S. No.336 of 1995 etc. The appellant had conducted the marriage of the daughter. But, the respondent had not participated in the marriage of their daughter. With the above averments, the appellant sought for a decree, dissolving the marriage on the ground of desertion.