I am giving out my brief details of my earlier cases here. I was married on 18 Apr 1997. My wife being very cruel in her attitude and conduct had deserted me in the year 2003 and I applied for divorce in the year 2005 at Family Court Coimbatore (TN) only on the grounds of Desertion without mentioning the clause for grounds on Cruelty and the case was dismissed in year 2006 by the lower court for not proving desertion just because she had run away from the army cantonment and since I had to save my image in the army I personally found her and dropped her at her parents house, which went against me in my divorce case. On dismissal of my case I went for an appeal in High Court, Chennai in the year 2006. However, since the appeal under CMA could not be listed uptill 2009 I approach an advocate at Coimbatore (TN) for getting me a divorce. He advised me to withdraw the CMA and thereafter we can file a fresh case under cruelty . Accordingly the CMA was withdrawn by me in the year 2009 and another case on the grounds of cruelty was filed in the same family court of Coimbatore (TN). Durng the course of the progress of the case, my wife applied for Interim Maintenance which was granted for Rs 10000/- pm and subsequently I applied for visitation rights of my daughter. Soon after the decree was passed for Interim Maintenance, my wife went to High Court, Chennai and filed a Civil Revision Petition (PD) under Article 227 seeking the Honable High Court to strike out my second case filed in the year 2009 on the grounds of cruelty by arguing that I had suppressed the facts of earlier case by not mentioning anything about the earlier case which was dismissed in the same family court. Accordinly the The honourable judge at High Court, Chennai struck out the second petition filed by me in the family court coimbatore on the basis of powers given in Article 227. However, when the order was passed in the High Court on 01 Aug 2011 neither me nor my counsel could not attend to the hearing/argument because I was on duty at J & K and my counsel could not be given vakalath by me for appearance and hence the case was decided ex-partie without any merits. Now, there is a prolonged seperation of almost 9 years and due to some or the other technically mistake in my cases filed by me I am not able to get my divorce through. It is therefore requested that if there is any thing I can still do to get my divorce legally so as to get rid of my cruel wife who is not only clever but also very vindictive. Please advise legally.
