GABRIEL Vs. JAISLY @ DAISY

JUDGEMENT

(1.) The order dated 12.06.2009 passed in I.D.O.P.No. 20 of 2004 by the learned Principal District Judge, Kanyakumari at Nagercoil is being challenged in the present Civil Miscellaneous Appeal.

(2.) The appellant as petitioner, has filed I.D.O.P.No.20 of 2004 on the file of the Court below under Section 10(1) of the Indian Divorce Act 1869, praying to dissolve the marriage held between him and respondent on 009.1983.

(3.) The appellant herein is the husband and the respondent herein is the wife. Their marriage was solemnized on 02.09.1983 as per Christian rites and customs. After marriage, they lived together for one and a half months and thereafter, the appellant/husband left to foreign countries for employment and returned to India after two years. They were blessed with one daughter and the respondent/wife not even allowed him to see the child. Thereafter misunderstanding arose between them and they are living separately from 1987 onwards. Despite several steps, she refused for reunion. The respondent/wife has deserted the appellant/husband without having sufficient reasons. Since the relationship between them was not cordial, the husband had sent a notice narrating the cruelty as well as desertion of his wife and filed a petition in I.D.O.P.No.20 of 2004 for divorce.