RAJ KUMAR OHRI Vs. PARMOD KANTA

JUDGEMENT

(1.) This is an appeal against the order dismissing a peti. tion under the scc. 13(l)(b) of the Hindu Marriage Act seeking a decree of divorce on the ground of desertion. The parties were married on 17 November 1965 and separated within a year of their marriage. The trial court framed the following issues :-

(2.) The trial court decided issue No. I, against the petitioner-husband and issue No. 2 in his favour. Before me issue No. I was only pressed by both the sides.

(3.) The trial court found on issue No. I that the respondent-wife was not guilty of committing desertion and it was the petitioner who by the treating the respondent with cruelty was guilty of constructive desertion.