S.RAJENDRAN Vs. K.GEETHA

JUDGEMENT

(1.) This Appeal is directed against the judgment and decree dated 16.12.2008, passed in C.M.A.No.1 of 2008, by the learned Principal District Court, Coimbatore, reversing the judgment and decree dated 31.10.2007, passed in H.M.O.P.No.103 of 2005, by the learned Sub Court, Udumalpet.

(2.) Learned counsel for the appellant/husband submitted that the learned first appellate Court, while reversing the judgment and decree granted in favour of the husband praying to grant divorce, ought to have seen that they were in matrimonial life only for a period of 4 months and thereafter, they were separated and they have been living separately for about 15 years. It is further submitted that for all these years, neither the respondent/wife moved any application for restitution of conjugal rights nor given any consent expressing her readiness and willingness for matrimonial life with the appellant/husband, therefore, by taking note of all these facts, the learned trial Court has rightly come to the conclusion that the marriage solemnized between the appellant and respondent on 01.09.2003 reached the deadlock and accordingly, it has granted divorce as sought for by the appellant/husband. However, the learned first appellate Court, without even giving any reasonable finding on this issue, has reversed the judgment and decree of the trial Court. It is further contended that as the parties have been separated for about 15 long years, there will not be any remote chance of reunion and thus, on this basis, the judgment and decree passed by the learned first appellate Court reversing the judgment and decree passed by the learned trial Court is liable to be set aside.

(3.) Although Legal Aid counsel was appointed by this Court on 19.12.2018 on behalf of the respondent/wife, he has not appeared before this Court on 27.06.2019 and 28.06.2019, therefore, this Court is constrained to dispose of the case on the basis of the available materials before it as this appeal is of the year 2010.