P.RAGHU Vs. P.SUKANYA

JUDGEMENT

(1.) This Family Court Appeal, under Sec. 19(1) of the Family Courts Act, 1984, is filed by the Appellant/husband, challenging the order, dtd. 18/3/2008, passed in FCOP No.218 of 2006 by the Judge, Family Court, Secunderabad, whereby, the petition filed by the Appellant/husband under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking divorce against the Respondent/wife, was dismissed.

(2.) We have heard the submissions of Sri T.Natraj, learned counsel for the Appellant/husband, Sri K.S.Murthy, learned counsel for the Respondent/wife and perused the record.

(3.) Learned counsel for the Appellant/husband would contend that the Respondent/wife had deserted the Appellant/husband. The Respondent/wife left the matrimonial home on 25/11/2003 to deliver a baby and she never returned. Though a settlement was entered into in between the parties to the litigation under Ex.B1 and the Appellant/husband had conceded to abide by the conditions stipulated therein, the Respondent/wife did not join the company of Appellant/husband. The Respondent/wife had been continuously living at her parents' house since 25/11/2003. Till date, no efforts are made by both the parties to live together. There are no chances of reunion between the parties to the litigation. The marriage between the parties has broken down irretrievably. There is substantial evidence on record to prove desertion on the part of the Respondent/wife and ultimately prayed to set aside the order under challenge and allow the appeal by dissolving the marriage in between the parties to the litigation.