KARAMJIT SINGH SIVIA Vs. SARAH ANN CHANDOK

JUDGEMENT

(1.) The marriage between the parties was Solemnized on 08.02.2009 as per Sikh rites at Moga. After marriage, they cohabited together as husband and wife at the place of the appellant at Village Talwandi Bhai, Tehsil and District Ferozepur uptil 22.02.2009. No child was born to the parties from their marriage. The respondent is a permanent resident of Canada. At the time of marriage, it was settled that either the respondent shall live in India after marriage or she shall take the appellant with her to Canada. She had come to India from Canada on 28.01.2009 for the purpose of solemnizing her marriage. The respondent left India on 22.02.2009 for Canada. Since then, she has been living there in Canada and has not returned to India. She even did not try to take the appellant with her to Canada. Parties have been living separately since 22.02.2009 and, thereafter, no cohabitation ever took place between the parties. Appellant phoned the respondent many a time asking her to come to India and live with him as his wife or she should endeavour to take him to Canada, but she did not do so. In this manner the respondent it is alleged has been guilty of desertion of the appellant without any sufficient cause since 22.02.2009. Against this background, the appellant instituted the petition under Section 13 of the Hindu Marriage Act, 1955 ('Act' - for short) before the learned Additional District Judge, Ferozepur for dissolution of his marriage with the respondent on the ground of desertion.

(2.) Notice of the petition was sent to the respondent on her address mentioned in the petition by the learned trial Court below, but she did not appear to contest this petition and, therefore, was ordered to be proceeded against ex-parte. In ex-parte evidence, appellant examined himself as PW-1 and tendered his affidavit adjuring, therein, the averments contained in the petition, that have been reproduced in the earlier parts of this judgment, which need not to be reproduced.

(3.) Appellant also examined Jaspal Singh as PW-2, who tendered in evidence his affidavit, adjuring therein, the averments contained in the petition and, thereby, corroborated the testimony of the appellant (PW-1) tendered by him by filing his affidavit. Appellant also examined Bhupinder Singh as PW-3, who too, tendered his affidavit adjuring, therein, the averments contained in the petition and thereby, corroborated the testimonies of PW-1 and PW-2 provided through their respective affidavits.