PARAMJIT SINGH Vs. DILPREET KAUR

JUDGEMENT

(1.) THE appellant -husband, challenges order dated 04.09.2010, passed by the Additional District Judge, Ludhiana, dismissing his petition filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "1955 Act"), for grant of a decree of divorce.

(2.) THE parties were admittedly married on 23.10.1994 as per Sikh rites at Barnala. At the time of marriage, both parties were working. The appellant was working as an operation theatre assistant at Amritsar whereas the respondent -wife was working as a staff nurse at DMC Hospital, Ludhiana. A female child Parampreet Kaur was born to the parties on 08.08.1996, at Amritsar. At present, the appellant is working in a Government Hospital, at Amritsar whereas the respondent is working in Civil Hospital, Barnala.

(3.) THE respondent filed a reply, controverting averments in the petition, admitting that at the time of marriage, she was working at DMC, Hospital, Ludhiana but stated that as she was selected for a government job, she is now posted at Barnala. She is looking after the minor daughter of the parties who is studying. The posting of the respondent is a condition of her service and, therefore, does not raise an inference of desertion. The respondent specifically denied that she had ever deserted the appellant or that she intended to break matrimonial ties.