1. This Civil Miscellaneous Second Appeal arises out of the Judgment and Decreetal Order dated 26.03.2014 in H.M.C.M.A.No 8 of 2010, passed by the learned District Judge, Sivagangai, confirming the Judgment and Decreetal Order dated 03.08.2010 in H.M.O.P.No.1 of 2010 passed by the learned Subordinate Judge, Devakottai.

2. The appeal was heard on the following substantial questions of law:-

“(a) Whether the Courts below is not correct in dismissing the petition filed by the appellant, when it was admitted by both the appellant and respondent were living separately from the year of 2003, is permissible as per Section 13(1) (1A) (ii) and 13(1-b) of the Hindu Marriage Act,1955?

(b) Whether the Courts below is not correct in dismissing the appellant’s claim divorce on the ground of cruelty and not on the ground of desertion is permissible under section 13(1) (1b) of Hindu Marriage Act, 1955?”

3. The brief facts, necessary for disposal of the appeal are as follows:

The Appellant is the husband and the Respondent is the wife. The marriage between them was solemnized on 30.06.2002. The Appellant/husband was working as a software Engineer in the State of Punjab. After the marriage the app