JUDGMENT

Ashok Menon, J.

The petitioner in O.P.No.139/2008 on the file of the Family Court, Kozhikode, seeking divorce on the grounds of desertion, cruelty and adultery, is in appeal before us impugning the judgment dated 06.01.2009, dismissing his petition. His wife too had filed an application seeking maintenance for herself and for her child, as M.C.No.204/2007, which was taken up with the divorce petition, and vide the aforesaid common judgment, allowed. Appeal is only against the dismissal of the divorce petition.

2. The facts in brief are thus:

The appellant/petitioner got married to the respondent on 29.05.1994 as per the Hindu rites and religious ceremonies. It was his second marriage. His first wife, who was suffering from some mental ailments, committed suicide after a son was born in that wedlock. After his wedding to the respondent, they lived together, and begot two children in the wedlock. The allegation is that, on 20.06.2004 the respondent left the matrimonial home for no valid reason, abandoning her step son, to whom, she was a proverbial step-mother, and also deserted the appellant. Thereafter, she has not returned to her matrimonial home. The specific allegation is