ASHOK KUMAR SAMBHAKAR Vs. SHEETA SINGH

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment and decree dated 12.01.2012 of the District Judge, Kabirdham (Kawardha) passed in Civil Suit No.3-A/2010, whereby and whereunder she dismissed the petition of appellant filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955').

(2.) This is admitted by respondent that name, address, other particulars of both the parties shown in the title of the petition are true, the marriage of both the parties was solemnized in 1996 in accordance to customary rights and rituals in Dhamtari, at the time of marriage, appellant was studying M.S. at Raipur and she was employed in Central Cooperative Bank, Rajnandgaon, after the marriage, they resided in Rajnandgaon as husband and wife, in 1999, appellant was appointed as Assistant Surgeon in C.H.C. Bodla, they also resided in Bodla, she used to travel up and down from Rajnandgaon to Bodla, in 2006 appellant was transferred from Bodla to village Koyalibeda, district-Kanker.

(3.) In brief, appellant's case is that he had told to respondent that either she resign the service or get her transfer to any branch near Bodla. From January, 2005 she stopped to come to his house at Bodla. Thereafter, in March, 2006 he had also told her to live with him at Koyalibeda, but she was not ready.