P.K. Misra, J.

The Civil Miscellaneous Appeal has been filed by the Husband under Section 28 of the Hindu Marriage Act,1956, hereinafter referring to as "the Act", challenging the decision of the Family Court, Pondicherry, rejecting MOP.No.164 of 2000 seeking for divorce filed by him. Civil Revision Petition has been filed by the husband challenging the order passed by the Family Court, Pondicherry in rejecting I.A.No.321 of 2007 in O.P.No.54 of 2006 seeking to set aside the order of dismissal passed in the Original Petition filed for custody of the child.

2. M.O.P.No.164 of 2000 had been initiated by the husband under Section 13(1A) of the Hindu Marriage Act on the allegation that, even though the wife had obtained a decree for restitution of conjugal rights by judgment dated 212. 1998 in MOP.No.123 of 1997, the wife was living away from the husband from 20.6.1997 and she had not taken any steps to join the husband despite the courts order.

3. A counter was filed by the wife, wherein it is stated that the husband had ill-treated the wife and had ultimately deserted her and had not taken any steps to resume matrimonial home inspite of the decree. It was further stated th