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This Civil Miscellaneous Appeal is filed to set aside the order made in IDOP.No.30 of 2009, on the file of I Additional District Judge, Trichy, dated 23.04.2012.

2. The appellant is the petitioner in IDOP.No.30 of 2009, on the file of I Additional District Judge, Thiruchirappalli. He filed the IDOP for divorce, under Section 10 (1)(x) of the Indian Divorce Act, 1869 to dissolve the marriage solemnised between the petitioner and the respondent on 18.08.2003, on the ground of desertion.

4. The case of the respondent is as follows:-

The respondent filed counter statement and denied all the allegations made by the appellant. According to the respondent, even now, both the appellant and respondent loved each other. It is not correct to state that they lived as husband and wife only for two months. The respondent never behaved in a rude and in-different manner and never abused the appellant. There was a civil dispute between the parents of the appellant and respondent, with regard to irrigation of land of respondent's parents. During the pendancy of dispute, marriage between the appellant and respondent was performed. The said civil dispute ended in favour of the father of the respondent. The appeal filed by the father of the appellant was dismissed. When the respondent was pregnant, the appellant left the respondent at her house, for the birth of child. After the birth of child, both of them were living together in the same village. The respondent denied the allegation that she refused to go to appellant's house and live with him. The Appellant has issued notice through his counsel only at the instigation of his father and after issuance of the said notice, the appellant advised the respondent not to send any reply. At the instigation of appellant's father only, he has filed IDOP and therefore, prayed for dismissal of IDOP.

5. Before the Trial Court, the appellant examined himself as PW.1, his father was examined as PW.2 and one Rajeswari, Inspector of Police, All Women Police Station was examined as PW.3 and marked 5 documents as Exs.P1 to P5. The respondent examined herself as RW.1 and marked 4 documents as Exs.R1 to R4.

6. The Trial Court, considering the pleadings and evidence, came to the conclusion that the respondent has not deserted the appellant and dismissed the IDOP. Against the said dismissal of IDOP, the appellant has filed the present appeal.

15. This contention of counsel for respondent, has considerable force and I am inclined to accept the same. The Trial Court has considered all the materials on record in the proper perspective and dismissed IDOP.No.30 of 2009 giving valid reasons. There is no infirmity or irregularity in the order of the Trial Court, warranting interference by this Court.

16. In the result, the Civil Miscellaneous Appeal is dismissed and the order passed by the learned I Additional District Judge, Thiruchirapalli in IDOP.No.30 of 2009, dated 23.04.2012, is confirmed. No costs. Consequently, connected Miscellaneous Petition is closed.