BHUPINDER KAUR Vs. BUDH SINGH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 10 11 1995 of the Additional District Judge, Fatehgarh Sahib, whereby the husband's divorce petition was accepted and the marriage between the parties was dissolved

(2.) MARRIAGE between the parties took place in the year 1964 and out of the wedlock, one son and one daughter were born who were of 25 years and 23 years of age at the time of judgment of the trial Court. The divorce petition was filed on 20.9 1993 (about 29 years after the marriage) alleging inter alia, that the wife was ill treating the husband and left the matrimonial home after 6 years of the marriage and had not resumed co -habitation thereafter The wife contested the petition and stated that she was ill treated; by the husband and was turned out of the matrimonial home after 6/7 years of their marriage and that she was ready and willing to live with the husband. The trial Court held that the Respondent husband was able to prove that the wife had deserted him without any cause and thus granted a decree Of divorce Aggrieved thereby, this appeal has been preferred

(3.) IN view of the above, I set aside the judgment and decree of the trial Court and dismiss the divorce petition. This appeal is allowed. There will be no order as to costs.