Hon’ble Abhinava Upadhya, J.—This is an Appeal filed under Section 19 of the Family Courts Act, 1984 (in short the Act) against the judgment of the Court below dated 12.10.2007 passed in Matrimonial Case No. 79 of 2001 rejecting the plaintiff-appellant’s petition preferred under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (in short the Act of 1955) for dissolution of marriage.

2. Before proceeding further it is to be noted that the present appeal was admitted by this Court on 31.7.2008 issuing notice to the sole defendant-wife. On 5.8.2008 notices were sent fixing 8.9.2008 for putting in appearance. On 16.10.2008 the Registry reported that the notice has been duly served upon the defendant-opposite-party. None appeared on behalf of the defendant. On 26.2.2009 this Court directed to call for the records of the case from the Court below. The records were received on 8.9.2009. When nobody put in appearance on behalf of the sole defendant, this Court vide order dated 3.12.2010 directed issuance of fresh notice upon the defendant. On 10.12.2010 fresh notice was sent fixing 12.1.2011 as the date for appearance. Still no one appeared. The Registry again reported vide its r