(1.) The appellant, challenges judgment dated 13.12.2008, passed by the Additional District Judge, Moga, dismissing his petition filed for grant of a decree of divorce on the ground of cruelty and desertion.
(2.) The appellant and the respondent were married in June, 1996 and were blessed with two children. The appellant, was serving in the Indian Army. The appellant filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') pleading that his wife had insulted him infront of villagers, refused to cook meals for him and his guests, gave a chappal blow on his head, tried to commit suicide and implicate his entire family and eventually deserted the appellant more than two years before the filing of the petition.
(3.) The appellant stepped into the witness box as PW1 and his father Gurlal Singh as PW2. The learned trial court has after considering the pleadings and the evidence, dismissed the petition by holding that the evidence on record neither establishes cruelty nor desertion.