Harilal, J.

1. The appellant is the petitioner in O.P.No.529 of 2003 on the files of the Family Court, Thrissur. He is the husband of the respondent herein. The above O.P. was filed under Sec.10(vii) and (x) of the Divorce Act, 1869 on the ground that the respondent has wilfully refused to consummate the marriage and the marriage has, therefore, not been consummated and the non-consummation of the marriage amounted to an act of cruelty to him also. Both parties are Roman Catholic in Christian Religion. Their marriage was solemnized on 19/1/2000 in accordance with the religious customary rites and ceremonies. At the time of marriage, the appellant was working in a construction company in Sharjah. 28 days after the marriage, he returned to Sharjah for joining duty. Thereafter, he came back to India on leave on 11/4/2001 and returned to Sharjah on 1/7/2001. Again, he came on leave to India on 11/9/2002 and returned to Sharjah on 20/10/2002. Then, he again, came on leave to India on 9/4/2003 and this petition was filed on 11/6/2003. Though three years have been elapsed since the solemnization of the marriage and he came on leave twice and cohabited as husband and wife for a s