A.M. Shaffique, J. - (1.) This appeal is filed by the petitioner in OP No.1925/2003 challenging judgment dated 23/7/2008 by which the petition filed by him for divorce was dismissed by the Family Court.
(2.) The short facts arising in the appeal are as under and the parties are described as shown in the petition unless otherwise stated.
(3.) The petitioner married the respondent in 1987 as per customary rites and ceremonies prevailing among Hindu community. He contended that, from the very beginning of the marital life, there was discord and she was behaving in a quarrelsome manner. She also refused to perform duties expected of a normal wife. She was not affectionate to him and their children. The respondent was treated for mental disorder. Respondent thereafter left the company of the petitioner and went to her residence along with children without any reason. Thereafter, she filed a maintenance case in the year 1989. The matter was compromised and she expressed her willingness to reside with the petitioner and again they started living together. Thereafter the second child was born on 23/2/1992. After the birth of the second child, her attitude became worse. Petitioner took a rented building and started living there. Thereafter also, respondent started creating troubles. She used to state that she never wanted the petitioner as her husband and she was always humiliating him in front of his relatives and friends. On 5/9/1997, she again left the company of the petitioner and the minor children. She was not interested to see the children and all efforts for reunion turned futile. She had withdrawn from the company of the petitioner with an intention to break the marital status. Alleging that she has deserted the petitioner for more than 6 years, he sought for a decree of divorce.;