JUDGMENT

This appeal has been filed by the husband against the judgement and decree passed in CMA No.3 of 2021 on the file of the Principal District Court, Dharmapuri dated 21.04.2022, confirming the judgement and decree passed in HMOP No.54 of 2020, dated 29.04.2021, on the file of the Sub Court, Harur.

2.The appellant filed a divorce petition against the 1st respondent under Section 13(1)(ia) and13(1)(ib) of the Hindu Marriage Act, 1955 on the ground that the appellant was subjected to cruelty and that the 1st respondent had deserted the appellant and was living away and that the respondent was willing to dissolve the marriage through mutual consent and subsequently, she retracted from that stand.

3.Both the Courts below found that the grounds raised by the appellant has not been made out and accordingly, the divorce petition came to be dismissed.

4.When the appeal was taken up for hearing today, the learned counsel for the 1st respondent/wife submitted that considering the fact that the appellant and the 1st respondent have been living apart for a long period of time and the marriage itself has became deadwood, the marriage can be dissolved by deleting all the findings rendered by b