SUBHASH CHAND TELANG Vs. RAJLAXMI TELANG

JUDGEMENT

(1.) THIS is a first appeal under Section 28 of the Hindu Marriage Act, 1955 filed by the appellant against the judgment and decree dated 9th September, 1987 passed by District Judge, Bilaspur, in Civil Suit No. 8-A of 1986, whereby the petition of the appellant for grant of divorce has been dismissed.

(2.) THE admitted facts of this case are that the respondent is the legally wedded wife of the appellant. The marriage took place on 20. 3. 1983, but since 9. 7. 1983 the parties are residing separately. Before filing the petition for divorce, a notice dated 18. 7. 1983 was issued to the respondent. On 2. 1. 1984, a child was born to the respondent out of the wedlock. But on 20th January, 1986, the appellant had filed a petition for divorce under Section 13 of the Hindu Marriage Act.

(3.) THE case of the appellant in short is that, since the respondent has left him on 9. 7. 1983, she has deserted and refused to come back and live with the appellant, the appellant, therefore, wants a decree for divorce on the ground of desertion.