JUDGMENT

RMT. Teekaa Raman, J.—This Civil Miscellaneous Appeal is directed against the fair and decreetal order dated 13.10.2017 made in H.M.O.P.No.780 of 2014 by the Family Court Judge, Tiruchirappalli.

2. The appellant is the wife and the respondent is the husband. For the sake of convenience, the parties are referred to as ‘husband’ and ‘wife’.

3. The husband filed HMOP No.780/2014 for dissolution of marriage on the ground of cruelty and under Section 13(1)(ia) of the Hindu Marriage Act. The wife filed counter statement stating that due to civil dispute in respect of undivided share in the house at the instance of the brother of the husband, the case has been filed and MC No.11 of 2015 and maintenance was awarded to her and two daughters, however, the husband has not paid the same.

4. Before the trial Court, the husband examined himself as P.W.1 and marked Ex.P1 marriage invitation, Ex.P2 – legal notice and Ex.P3-postal acknowledgment. The wife examined herself as R.W.1, however, she has not marked any documents.

5. On considering both the oral and documentary evidence, the family Court, Trichy has come to the conclusion that the parties are living separately for more than 12 ye