JUDGMENT :

PRAYER:- Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act read with Section 100 of C.P.C, to allow this Civil Miscellaneous Second Appeal against the Judgment and Decree in CMA.No.74 of 2012 on the file of the Principal District Court, Tiruchirapalli, dated 03.12.2012 reversing the Judgement and Decree in HMOP.No.669 of 2010 on the file of the Principal Sub Court, Tiruchirapalli, dated 10.07.2012.

The appeal was originally filed by the husband challenging the order of concurrent dismissal of the divorce petition by the Courts below. Pending appeal, the husband had passed away and his mother has been substituted in his place as a legal heir in order to prosecute the second appeal.

2.Factual Matrix:

(i).One P.Jegatheesan got married to Gomathi as per Hindu Rites and their caste customs on 08.09.1994 at Vasavi Mahal Contonment, Trichy. A son was born to them on 06.06.1995 and a daughter was born to the couple on 01.02.2000. Due to matrimonial dispute, the husband had filed HMOP.No.669 of 2010 on the file of the Principal Subordinate Court, Tiruchirappalli for the relief of dissolution of marriage.

(ii).The Trial Court after considering the oral and