X Vs. Y

JUDGEMENT

(1.) This appeal is filed by the Appellant husband, whose petition for divorce against the Respondent wife was dismissed by the Family Court. Considering the nature of dispute, we have blocked the names of the parties in the cause title.

(2.) The Appellant and the Respondent were married on 2 May 1999. Since 14 December 1999, the Respondent has not stayed in the matrimonial home except for a few days between 18 August 2005 to 12 October 2005 after the Appellant filed the present petition for divorce. In between there have been several matrimonial and criminal proceedings between the parties, as mentioned hereinafter. The Appellant sought divorce on the grounds of desertion and cruelty. The Petition was dismissed on 24 August 2006. The present appeal was filed by the Appellant on 6 November 2006. During the pendancy of the present appeal, a spate of criminal prosecutions has been launched by the Respondent against the Appellant, as narrated hereinafter. All this while the parties have been staying separately. There is no issue out of the wedlock. In the backdrop of these facts, the appeal needs to be considered.

(3.) The case of desertion as made out by the Appellant in his pleadings and evidence may be briefly summarized as follows: