KHARAK SINGH DHAPOLA Vs. MRS SAROJINI DHAPOLA

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 23rd of September 2003, passed by the District Judge, Almora, in Civil Appeal No. 05 of 2001, whereby the said court has set aside the decree passed by the trial court, and dismissed the suit for divorce. (There is no family court established in Almora).

(2.) HEARD learned counsel for the parties and perused of lower court record.

(3.) BRIEF facts of the case are that the petitioner / appellant Kharak Singh Dhapola got married to the respondent Sarojini Dhapola in the year 1988, according to Hindu rites. Out of the wedlock two female children were born. Unfortunately, elder one of the daughters of the couple died in accident. Both the parties are teachers. Initially, when both of them were posted in Danya, they were living together. Thereafter, the husband got posted in Almora and wife also got posted in a nearby place from Almora, and both of them started living in Almora. The petitioner / appellant has pleaded in the plaint that the respondent is in the habit of abandoning him and the children and she has treated the petitioner with cruelty. It is further pleaded that respondent got herself transferred to Titoli and did not join the society of the petitioner, as such, the respondent has deserted the petitioner, since August 1995.