SURJIT SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) The appeal is filed by the husband challenging the decree for dismissal of his petition for divorce filed on three grounds; first- non resumption of cohabitation after a decree for restitution of conjugal rights, second - cruelty and third - desertion.

(2.) There has been marriage between the parties on 6.2.1983 and it appears that before long they separated, unable to reconcile themselves to a situation where each one had his/her own employment prospects as predominent in their minds. The wife, who was a Nurse, was not prepared to go and live with the husband since she was employed in another place from where the husband was residing. It appears that the husband filed an application for restitution of conjugal rights and obtained a decree on 20.12.1996. The wife had her own reasons for not joining the company of her husband and in a bid to substantiate the plea, she preferred an appeal in FAO No. 44-M of 1997 before this Court. The appeal came to be dismissed in limine on 16.12.1997.

(3.) The husband filed petition for divorce attributing cruel conduct against the wife and stated that she was guilty of desertion. It was also sought to be urged at the time of trial that she had not resumed company with the husband even inspite of the decree for restitution of conjugal rights. The Tribunal rejected all the grounds and dismissed the petition filed by the husband.