KASHMIR KAUR Vs. SUKHDEV SINGH

JUDGEMENT

(1.) The appellant -wife challenges judgment and decree dated 02.09.2003, passed by the Additional District Judge, Sirsa, dissolving her marriage with the respondent -husband on the ground of desertion.

(2.) A brief narrative of the facts would be appropriate.

(3.) The parties were admittedly married on 04.03.1991 at Village Jivan Nagar Theri, District Sirsa as per Hindu rites and ceremonies. After their marriage, parties resided together at village Amritsar Kalan, District Sirsa and were blessed with a child Harmeet Singh. The husband (respondent) filed a petition under Sec. 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "1955 Act") for restitution of conjugal rights, in September, 1995, alleging that the appellant had deserted him in September, 1993 without any reasonable cause. An ex -parte decree for restitution of conjugal rights was passed by the District Judge, Sirsa, on 28.02.2000. The respondent, thereafter, filed a petition for divorce, pleading that as cohabitation has not resumed and the appellant has failed to abide by the decree of restitution of conjugal rights, dated 28.02.2000, it stands proved that the appellant has withdrawn from the society of the respondent without any just cause.