SUSHILA KURNAWAT Vs. RAJESH KURNAWAT

JUDGEMENT

(1.) THE appellant/petitioner has filed the appeal under Section 28 of the Hindu Marriage Act against the judgment and order dated 17. 11. 2003 passed by learned Additional District Judge, Khachrod, District Ujjain in Hindu Marriage Case No. 14/02 whereby the petition for divorce filed on the ground of desertion was dismissed.

(2.) THE admitted facts of the case are that the marriage in-between the appellant and the respondent was solemnized at Nagda, District Ujjain according to the Hindu rites and customs on 26. 5. 1983 and that the spouses have no issue from the wedlock. It is also a common ground that before filing the petition on 9. 5. 2002 the petitioner has sent the notice Ex. P/l to the wife and the wife has sent the reply of the notice which is Ex. D/l.

(3.) THE case of the petitioner is that after his marriage in 1983 the wife has lived only for 2 days in the matrimonial house and in spite of his repeated efforts to bring back his wife, the wife has refused to live with him and performed the matrimonial obligation. The petitioner has prayed for the divorce on the ground of desertion.