DONGA RAMBABU Vs. DONGA VIJAYA KUMARI

JUDGEMENT

(1.) This appeal is filed questioning the order dtd. 28/10/2016 in O.P.No.138 of 2012.

(2.) This Court has heard Sri Chandra Sekhar Ilpakurti, learned counsel for the appellant/petitioner. Despite opportunities, none appeared for the respondents.

(3.) Sri Chandra Sekhar argued the matter at length. According to him, the trial Court committed a serious error in dismissing the application filed on the ground of desertion. He points out that the evidence in the case is clear and that despite the proof of desertion, the trial Court did not appreciate the evidence and dismissed the application. He points out that the marriage between the parties was performed on 13/11/1980 and the respondent deserted the petitioner in March, 1988. Thereafter, she filed series of cases including maintenance case and a case under 498-A IPC which ended in acquittal. It is therefore contended that as there is no matrimonial relationship between the petitioner and the respondent and desertion for two years prior to the filing of the original petition is proved. As per the learned counsel, the trial Court committed an error in dismissing the application. He relies upon the paper book that has been filed to argue and also a judgment in the case of Debananda Tamuli v Kakumoni Kataky,AIR Online 2022 SC 163. None appeared for the respondent despite opportunities.