NIRANJAN SINGH Vs. GURDEV KAUR

JUDGEMENT

(1.) THIS Letters Patent Appeal arises from husband's petition under section 13 (1) (ib) of the Hindu Marriage Act, 1955, for divorce on the ground of desertion.

(2.) THE facts relevant to this matter are that the marriage between the parties took place in 1948. Two children, a daughter and a son, were born from this marriage and the parties have now been living apart from each other since 1953.

(3.) IT was the case of the husband that his wife Gurdev Kaur had gone to her parents' house at the time of the delivery of their son and she did not return to him thereafter in spite of the efforts made by him to bring her back Gurdev Kaur, on the other hand, put forth the plea that she had been turned out of the house by her husband fifteen days after the birth of their son and he had not cared thereafter to either keep her or their children or to maintain them.