Desertion under the Hindu Marriage Act, 1955, requires intentional permanent abandonment without consent and without reasonable cause.

M. VENUGOPAL, J.

1. The Appellant/Wife has preferred the present Civil Miscellaneous Appeal as against the order dated 28.10.2009 in H.M.O.P.No.91 of 2007 passed by the Family Court, Coimbatore.

2. The Respondent/Petitioner (Husband) has filed H.M.O.P.No.91 of 2007 on the file of Family Court, Coimbatore, under Section 13(1)(ib) of the Hindu Marriage Act, 1955, praying for dissolving the marriage that took place on 31.03.2004 between him and the Appellant/Wife.

3. The marriage between the Respondent/Husband and the Appellant/Wife took place on 31.03.2004 at Kurumandur as per the Hindu Rites and Customs. As a result of the wedlock, the Appellant/Wife delivered a male child on 08.01.2005. According to the Respondent/Husband, after the child birth, the attitude of the Appellant/Wife had changed and she started openly showing her hatred towards him. The Appellant/Wife was travelling everyday from Gobichettipalayam to attend her Lectures job. The Respondent/ Husband issued a lawyer's notice, dated 24.08.2005, expressing his love for the Appellant/Wife and his desire to set the family life again. However, the Appellant/Wife caused a frivolous reply dated 26.06.2005, levelling allegations against the Respondent/Husband. The Respondent/Husband also issued a notice, dated 03.09.2005, to the Appellant/Wife, wherein he explained that he was treated badly at her place and she should now go over to Coimbatore on an auspicious day and that an independent house will be set up, though he had faith in the joint family. The Appellant/Wife's Lawyer reply contained frivolous allegations. The intention of the Appellant/Wife to break was evident.

4. The Respondent/Husband addressed letters dated 24.09.2005 and 26.11.2005 to the Appellant/Wife, but they were ignored. The Respondent/Husband sent a Lawyer's notice dated 19.12.2005 in and by which the Appellant/Wife was called upon to join with him and set up matrimonial home. The Appellant/Wife sent a letter dated 04.01.2006, accusing the Respondent/husband with numerous false allegations. Again, the Respondent/Husband wrote a letter dated 12.01.2005 to the Appellant/Wife expressing his love for her and his anxiety to set up the family. The Appellant/Wife's Lawyer reply dated 11.01.2006 was received by the Respondent/Husband with the usual allegations and a demand for the jewels etc. Subsequently, the Appellant/Wife wrote a letter dated 21.01.2006, reiterating the demands and imposing conditions which were impossible of performance.

5. The plea of the Respondent/Husband is that the Appellant/Wife had voluntarily abstained from his company and refused to set up the matrimonial home though he had given assurances of co-operation. The Appellant/Wife left on 01.12.2004. In the counter filed before the trial Court, she had stated that for the Respondent/Husband's Lawyer notice dated 24.08.2005, she had sent a reply dated 26.08.2005 through her counsel. Moreover, she had sent a rejoinder on 08.09.2005 for the Respondent/Husband's Lawyer Reply notice dated 03.09.2005.

6. Added further, she stated that either herself or her son had not committed any wrong acts for seeking the relief of divorce by the Respondent/Husband.

7. Before the trial Court, on the side of the Respondent/ Petitioner/Husband, witness PW1 was examined and Ex.P1 to Ex.P.15 were marked. On the side of the Appellant/Respondent/Wife, witness RW1 was examined and no document was marked.

8. The trial Court, on an appreciation of oral and documentary evidence available on record and after analysing the same, had resultantly allowed the H.M.O.P.No.91 of 2007 filed by the Respondent/Wife and granted the relief of dissolution of the marriage dated 31.03.2004 that took place between the parties.

9. Being dissatisfied with the order dated 28.10.2009 in H.M.O.P.No.91 of 2007 passed by the Family Court, Coimbatore, the Appellant/Wife has filed the present Civil Miscellaneous Appeal before this Court.

10. The point that arises for consideration