HARJINDER SINGH Vs. SUKHDEEP KAUR

JUDGEMENT

(1.) THE petitioner-appellant has filed an appeal against the judgment and decree dated November 6, 1998 passed by Additional District Judge, Moga, whereby the petition under Section 13 of the Hindu Marriage Act filed by him was dismissed.

(2.) IT has been averred that the petitioner-appellant had led cogent evidence that the respondent (wife) had deserted him for a continuous period of two years before filing of the petition. She left the house for the appellant in the month of February, 1993, when he was no duty in the Army. The appellant, in the month of August, 1993, went to the house of respondent No. 1 (wife) in village Samalsar and asked her to join his society, but she refused to do so and put a condition that the appellant should resign the Army service and do some other job. It has been further averred that the Additional District Judge, Moga, while giving his finding on issue No. 4, did not take into consideration that the respondent (wife) was living in adultery with her father-in-law, i.e., the father of the appellant.

(3.) WHILE filing the appeal, an application under Section 5 of the Limitation Act was also moved as there was a delay of 370 days in filing the same. The applicant-appellant pleaded that he was working in the Army as a Sepoy and was then posted in Jammu and Kashmir. The impugned judgment was passed on November 6, 1998 and since November, 1998 to October, 1999, the applicant- appellant did not come on leave and when he came on leave in November, 1999, he came to know from his counsel in the trial Court that his case had been decided on November 6, 1998. He applied for certified copy of the order dated November 6, 1998 passed by Additional District Judge, Moga, on November 10, 1999 and obtained the same on November 12, 1999 and thereafter, the present appeal was filed.