RATAN SINGH Vs. BHAGWATI SINGH PATEL

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act calling in question tenability of a judgment and decree dated 20.12.2000 passed by the IInd Additional District Judge, Sidhi in Civil Suit No. 16 -A/98 by which an application filed by the appellant husband for dissolution of marriage has been rejected.

(2.) FACTS in brief goes to show that the parties were married as per Hindu religious rites and custom in the year 1972. They were living together in District Sidhi when according to the appellant husband in April 1985 the respondent wife deserted him, she started living separately and is not come even on his calling. It is indicated that respondent has deserted him and on the ground of desertion the suit in question was filed for dissolution of marriage. Respondent wife refuted the aforesaid and pointed out that she is a Government employee and she is required to be at the place of her posting, she has not deserted, she is willing to stay with her husband but It is her contention that the appellant husband wants to marry another lady, he had run away with the said lady and only to somehow get rid of the respondent, this application has been filed. Issues were framed with regard to the question of desertion and based on the evidence and material that came on record, the issue of desertion is answered against the appellant and the suit was dismissed. Appellant had examined himself as P.W. 1 and respondent has examined herself as D.W. 1. From the statement of the witnesses particularly, the statement of husband Ratan Singh P.W. 1 it is seen that he admits that when he called his wife to stay with him, she asked him if she resigns from her work, will the appellant take care of family properly and will be able to maintain the family without her salary. A conclusion has been drawn from that respondent wife is a working woman she has not deserted but because of her work she may be required to remain out for some time. Evidence available on record does show that respondent wife is a Government employee and because of her work she may be required to remain away from her house, i.e. at her place of posting. However, evidence available on record does not show that she had deliberately or willfully deserted her husband. A reasonable finding has been recorded by the Trial Court holding that the allegation of desertion are not proved. This finding is based on due appreciation of the evidence and material available on record and we see no reason to interfere into the same.

(3.) ACCORDINGLY , finding no merits in the grounds raised in the appeal, the same is dismissed.