MOHANAN Vs. AJITHA

JUDGEMENT

(1.) This Mat. Appeal is filed by the petitioner in OP No.645/2008 on the file of Family Court, Palakkad. He challenges judgment dated 28.10.2009 by which his petition for divorce had been dismissed on the ground that the petition was presented by power of attorney holder.

(2.) The short facts of the case are as under. The parties are described as shown in the original petition. Before the Family Court, though notice was served on the respondents, the second respondent remained ex parte before the court below. The first respondent though appeared, did not contest the matter.

(3.) The petitioner married the first respondent on 06.09.1996 as per Hindu religious rites and ceremonies. A girl child was born in the wedlock. He was working abroad during the relevant time. His allegation was that when he came home during Feb., 2007, the first respondent was not co-operating to continue the marital relationship. Later he found out that the first respondent was having sexual relationship with the second respondent, which he caught red-handedly. The respondents also admitted the same and the matter was informed to the parents of the first respondent and thereafter they started living separately. It is in the aforesaid circumstances he sought for divorce under Sec. 13(1)(i) and (ia) of the Hindu Marriage Act, 1955 ("Act" for brevity). The petition was filed alleging adultery and cruelty.