C.T. Ravikumar, J.

The petitioner-husband in O.P. No.50 of 2001 on the file of the Family Court, Kozhikode is the appellant herein. The said Original Petition was filed under S.13(1A)(ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") for divorce. The admitted facts are as follows:

The marriage between the appellant and the respondent who belong to Hindu Ezhava community was solemnised on 25.1991. After the marriage, they lived together only for a very short period of two and a half months. A male child was born in the wedlock and he is residing with the respondent.

2. With respect to what had happened subsequent to the said period of two and a half months, there are conflicting versions by the appellant and the respondent. According to the appellant, he left Gulf after the said period and there after, the respondent was taken to her house for delivery in December 1991. When he returned from Gulf in December 1994, the parents of the respondent did riot permit her to stay with him. In the year 1995, the respondent herein had filed O.P. No.61 of 1995 before the Family Court, Kozhikode under S.9 of the Act for restitution of conjugal rights. The said