JUDGMENT Mr. K. Kannan, J.: (Oral):- The appeal is against the decree of dismissal of the petition for divorce sought by the husband against the wife on the grounds of cruelty and desertion. The cruelty attributed was that she was misbehaving and treating her with contempt and disrespect in the presence of others, and a desertion urged was that she had been living away from his company from the year 1990 and there had never been resumption of cohabitation. The husband was citing several instances of misunderstandings and legal fights in various forums from the year 1989. She had filed a petition for maintenance for her two children under Section 125 Cr.P.C. On 12.08.1989. That application appears to have been allowed. It appears that an order was passed and later there had been a compromise between the parties when the husband agreed to pay Rs.80,000/- and the wife had offered to give 50% of the share in the property which had purchased by her in favour of the husband. However, the compromise and the maintenance proceedings did not help the parties to bury the hatchet. The wife had filed the petition for judicial separation under Section 10 on 04.11.1989 alleging that her husband was guilty of adultery and desertion. The petition was subsequently dismissed as withdrawn by the wife. Simultaneously with the proceedings for judicial separation, the husband had initiated an action for specific performance on the basis of a compromise earlier recorded soon after the conclusion of Section 125 proceedings. That suit was also compromised subsequently on 07.12.1993 when the husband relinquished his right secured through the earlier compromise and the wife had to acknowledge the right in the housewife for her son and daughter as well. This compromise and relinquishment of right took place on 07.12.1993 and soon followed the petition for divorce by the husband against the wife on 12.01.1994. 2. The respondent was set ex parte on 11.11.1994 and a decree was also passed on 23.03.1995 after the period of limitation prescribed for preferring the appeal. The husband had contracted a second marriage on 23.07.1995. The wife appears to have filed a petition for setting aside a decree of 01.07.1995. The learned counsel for the appellant states that the appellant also has a child through the second wife now. 3. The husband had contracted a second marriage on 23.07.1995. The wife appears to have filed a petition for setting aside a decree of 01.07.1995. The learned counsel for the appellant states that the appellant also has a child through the second wife now. 3. If we must look for sufficient grounds for according to the husband a decree for divorce, the learned counsel would state that he had been chased out of his own house and he had suffered a separation from the wife for no fault of his and the separate living of the wife must be taken as unjustified and must be taken as constituting desertion. The cruelty allegedly exhibited by the wife was that she had mis-conducted herself before others and shown disrespect to him. I am afraid, I cannot find any ground for cruelty though there had been several instances of disharmony between the husband and the wife. I will still uphold the case for the relief of divorce for the husband on the ground that the parties have been living away from each other from January 1990 and the wife has contributed to the separation by her own conduct. I will take, therefore, the decree of divorce as available to the husband on the ground of desertion by the wife. 4. The parties had been married as early as on 21.01.1972 and they have through their marriage a grown up son and daughter, both of whom appear to be doctors by profession. I was considering whether it would be possible to avoid the relief of divorce and help the parties to move towards conciliation, but in the present circumstances where the parties have allowed that their animosities to sour the relations further and when the husband was also taken another wife through a second marriage, any such overtures for a conciliatory approach may not be possible. 5. I set aside the judgment of the trial Court and grant to the husband a decree for divorce as sought for. 6. The appeal is allowed to the above extent. ---------0SL0----------