MUPPIDATHI Vs. MUTHUMARI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been directed against the fair and decretal order made in H.M. O.P. No. 238 of 2014, dated 26.10.2015, on the file of Family Court, Tirunelveli and consequently to pass an order of divorce dissolving the marriage solemnized between the appellant and the respondent on 11.09.2016.

(2.) Heard the learned counsel for the appellant. Despite notice being served on the respondent, none appears on behalf of the respondent.

(3.) The appellant being the husband, filed a Petition for divorce on the ground of cruelty and desertion. The learned counsel for the appellant would submit that despite the best efforts made, the respondent/wife was living separately. Even as per the finding of the trial Court, the parties are living separately for quite some time. She has not filed any petition for restitution of conjugal rights. She has given a complaint under the Domestic Violence Act. However, she did not appear for the subsequent hearings. Though she has given a complaint making allegations against the Petitioner and his mother, she did not press it thereafter. Hence the Court below ought to have granted a decree of divorce on the ground of cruelty and desertion.