M THIYAGARAJAN Vs. GEETHA

JUDGEMENT

(1.) The present civil miscellaneous second appeal is directed against the concurrent findings of both the Courts below, refusing to grant a decree for dissolution of marriage between the appellant and the respondent. The facts in brief leading to the filing of the appeal are given as under:

(2.) It was further pleaded that in spite of all these efforts, when the matrimonial life was not restored by the respondent, the appellant filed a petition for divorce before the learned Principal Sub Judge, Dindigul in H.M.O.P. No. 18 of 1996, 13 years after the marriage on account of the disturbed matrimonial life, but the said petition was dismissed for non-prosecution by order dated 19.10.2000. After the dismissal of the petition for divorce, the appellant once again filed a fresh petition in H.M.O.P. No. 42 of 2004 seeking for dissolution of marriage, again after four years. The trial Court dismissed the said petition by order dated 12.11.2008 on the ground that the appellant neither restored the earlier petition for divorce in H.M.O.P. No. 18 of 1996, which was dismissed for non-prosecution on 19.10.2000, nor preferred any appeal as against the decree for maintenance passed in the suit. Aggrieved by the order of dismissal of the second petition for divorce, the appellant preferred an appeal in H.M.C.M.A. No. 6 of 2009 before the first appellate Court. But the said appeal was also dismissed. Challenging the concurrent findings of the Courts below, the present civil miscellaneous second appeal has been preferred.

(3.) Heard the learned counsel for the appellant and the learned counsel for the respondent.