HARJINDER SINGH Vs. BIMLA DEVI

JUDGEMENT

(1.) THIS appeal is filed against the judgment of Matrimonial Court, Patiala, who, on a petition under Section 13 of the Hindu Marriage Act, for dissolution of marriage by decree of divorce had dismissed the divorce petition.

(2.) THE petitioner had sought divorce on the ground of cruelty and desertion. The solemnization of marriage between the parties which took place on 26 -2 -1975 at village Chupki according to Hindu rites and their cohabitation as husband and wife and the birth of child born from the wedlock in 1976 is not in dispute. The allegation against the wife is that she left the matrimonial home in 1985 with the child and ornaments and never returned. The respondent -wife filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. It is alleged that the parties suffered statements and after making the statements, the respondent -wife backed out and did not go with the petitioner.

(3.) THE learned Trial Court on the basis of the pleadings framed the following issues : - -