NAIB SINGH Vs. NACHHATRO ALIAS ASHA KUMARI

JUDGEMENT

(1.) This appeal under Clause X of the Letters Patent is directed against judgment dated 3.8.2001 vide which the learned Single Judge allowed the appeal filed by the respondent and set aside the decree of divorce passed by Additional District Judge, Ambala in H.M.A. case No. 39 of 1995.

(2.) The marriage between the parties was solemnised on 28.5.1981 according to Hindu rites and ceremonies at Village Kathemajra, Tehsil Naraingarh, District Ambala. After about 14 years, the appellant filed a petition under Section 13 of the Hindu Marriage Act, 1955 (for short, 'the Act') for dissolution of marriage on the grounds of cruelty and desertion by alleging that the wife had been living away from him since January, 1984 and that she had ill-treated him and his family members.

(3.) On notice, the respondent appeared and filed written statement to contest the petition filed by the appellant. She denied the allegation of desertion and cruelty. Simultaneously, she made a counter allegation that the appellant had ill-treated her and had demanded dowry.