(Per V. Eswaraiah, J.)

Heard both the learned counsel.

The appellant is the wife of the respondent. The respondent filed O.P.No.59 of 1999 on the file of the Principal Senior Civil Judge, Chittoor, under Section 13(1)(ib) of the Hindu Marriage Act, 1955 (for short, the Act) seeking divorce by dissolution of marriage with his wife. The said O.P. was allowed by judgment and decree dated 31.1.2002. Against which, the wife filed this appeal.

The parties hereinafter referred to as they are arrayed before the court below for the purpose of convenience.

The petitioner filed the O.P. under Section 13(1)(ib) of the Act seeking divorce on the ground of desertion alone. The averments made by the petitioner in the O.P. are as follows:

The petitioner states that the petitioner and respondent were married on 7.9.1978 as per Hindu rites and customs and they begot two children, namely, Navin and Ajay. They are 18 and 12 years of age respectively. The petitioner states that at present he is working as Lecturer and the respondent is working in Chittoor. The petitioner states that right from the beginning the ideas of the petitioner and the respondent differed though they have not come out expressly. The thoughts of the respondent were always illusionary and she always wants to enjoy unquestioned freedom. The petitioner being traditional different from it. This led to many disputes between the petitioner and respondent. The two sons are also living with the respondent and the respondent did not care for the minimum necessities of the petitioner. It all resulted in the petitioner filing an O.P.No.47 of 1995 in the same court seeking repudiation of the marriage of the petitioner and the respondent. The same was dismissed for default, for the petitioner could not prosecute it for some personal illness and difficulties. The petitioner states that the marriage between the petitioner and the respondent had broken down irretrievably since both are living separately and are not even in talking terms since 1994. By efflux of time the gap had widened and there is absolutely no chances of reconciliation or for second thought since the image of both have gone down in the eye of friends and close circle. The petitioner states that instead of keeping the marriage in subsistence it is better to dissolve the marital status. Hence the petitioner has come up with this application for dissolution of marriage of petitioner and respondent.

The wife has filed counter denying all the allegations made therein. She admitted that the two sons are living with her and she is maintaining them and get them education, but the petitioner husband is not evincing any interest in their welfare. It is stated that the petitioner himself completely neglected the respondent and her children, who are still pursuing their studies. It is also admitted that the petitioner filed O.P.No.47 of 1995 on the file of the same court making indurate and scandalous allegations against her alleging that she has been living in adultery and denying all the allegations she filed a counter in the said O.P. But the said O.P. could not be prosecuted and the same was dismissed for default. The allegation that the marriage between the petitioner and respondent has broken down irretrievably since both are living separately and not even on talking terms since 1994 and that by efflux of time the gap had widened and there is absolutely no chance of reconciliation for second thought since the image of both have come down in the eyes of friends and close circles has been denied. It is stated that Door No.24-357, Bharat Nagar Colony near III Railway gate, Chittoor is the exclusive and absolute property of the respondent. It is stated that she found the petitioner having bad habits and a man of suspicious nature and right from the date of marriage she has treated the petitioner with love and affection. But, it is only the petitioner who changed his attitude and neglected her as well as children and caus