JUDGMENT

Ravikumar J.

The petitioner in O.P. No.526 of 1999 on the file of the Family Court, Thrissur is the appellant herein. The said Original Petition was filed under Section 32 of the Divorce Act, 1869 for a decree of restitution of conjugal rights. As per order dated 7.2.2004, the Family Court dismissed the Original Petition and this appeal is filed against the said order of dismissal.

2. Both the appellant and the respondent are Christians. Their marriage was solemnised on 18.1.1988 in accordance with the Christian customary rites. The case of the appellant/petitioner is that even before completion of one year of their marriage, the respondent began to ill treat her. According to the appellant, on 13.5.1989, she was taken to the parental home by her father and thereafter neither the respondent nor his relatives came to take her back. The further case of the appellant is that Mat. Appeal No.39 /2004 2 within one month thereafter, her father as also her kith and kin entreated him to resume cohabitation, but he was not prepared for the same. When their earnest efforts turned futile, they had even enquired about the possibility for a divorce. Further, it is contended that even the