JUDGMENT

P.G. Ajithkumar, J.

The petitioner in O.P.(HM) No.29 of 2009 on the files of the Family Court, Thodupuzha is the appellant. He filed the said original petition seeking a decree of dissolution of marriage on the ground of cruelty, under Section 13 (1)(ia) of the Hindu Marriage Act , 1955. The Family Court dismissed the original petition as per the judgment dated 22.09.2012. The appellant assails the said judgment in this appeal filed under Section 19 (1) of the Family Courts Act , 1984.

2. This appeal was admitted on 01.02.2021. On the same day, this Court had directed the parties to appear before the District Mediation Centre, Thodupuzha for mediation on

16.02.2021. The mediation failed.

3. Heard the learned counsel appearing for petitioner and also the 1st respondent. Respondents 2 and 3 did not turn up to make their submissions.

4. Marriage of the appellant and the 1st respondent was solemnised on 05.05.1996. They have two children.

The appellant alleges that after the birth of the second child, the 1st respondent refused to have sexual relationship with the appellant. She developed illicit intimacy with the 2nd respondent and when the appellant detected them together inside