USHA SINGH Vs. BIJAY KUMAR RAWANI

JUDGEMENT

(1.) In spite of several attempts made by this Court for the purpose of reconciliation, as required under the provisions of the Hindu Marriage Act, no reconciliation could be possible because of non-appearance of the Appellant-wife, in spite of granting several adjournments for that purpose and therefore, we proceeded to hear the appeal on merit though the learned Counsel for the Appellant-wife again made a prayer for adjournment today for the personal appearance of the Appellant-wife.

(2.) This appeal is directed against the judgment and order dated 6.5.20.03 passed by the learned Additional Deputy Commissioner, East Khasi Hills District, Shillong in divorce suit No. 4(1) 2001 filed by the Respondent-husband decreeing the suit, granting divorce, on the ground of desertion.

(3.) An application under Sec. 13(1)(i-a) (i-b) of the Hindu Marriage Act, 1955 was filed by the Respondent-husband praying for a decree of divorce against the Appellant-wife on the ground of desertion and cruelty stating, inter alia, that the marriage between them was solemnized on 29.4.1996 and they lived together as husband and wife for a short period of 4 months time and thereafter the Appellant-wife left her matrimonial house and never came back in spite of several attempts made by him. Though notices were issued, the Appellant-wife did not contest the said proceeding and thereafter, an order was passed by the learned trial Court to proceed with the said suit exparte.