( 1 ) THIS is a peculiar case where both husband and wife have been litigating with each other after the relations between them became strained. Both the partics have been litigating for a considerable length of time, levelling allegations against each other of ill treatment etc. The respondent had moved to Pondicherry to stay with her parents, which resulted in the petitioner filing proceedings in the Hon ble Supreme Court seeking a writ of Habeus Corpus. That matter was concluded upon the respondent appearing before the Supreme Court and slating that she i s staying with her parents of her own free will and that she shall not rejoin her husband. Those proceedings were concluded. The parties reached some kind of settlement. Even that settlement had failed to work. The matter was pending in the matrimonial Court where by the Trial Court had ordered the parties to lead evidence relating to the plea of desertion primarily because even if the affidavit of the respondent filed before the Supreme Court is considered, two years period of desertion on the date of passing of the impugned order has not yet expired. The petitioner filed proceedings before this Court challenging th