(1.) THIS appeal is directed against the judgment by the Court of District Judge, Chandigarh, vide which the petition order Section 13 of the Hindu Marriage Act, filed by the appellant-petitioner, for dissolution of marriage was dismissed.
(2.) THE facts, in brief, are that on 5.8.1984, the marriage between the parties was solemnized at Chandigarh, according to Anand Karaz ceremony. The parties cohabited, as husband and wife. From this wedlock one child namely Prabh Kiran Singh was born on 5.11.1986. At the time of marriage, the respondent was in service. After her transfer from Panchmari (M.P.) where the respondent was earlier posted, to Chandigarh she started residing at Mohali with her parents because both her brothers namely Amarjit Singh and Jaspal Singh were employed and residing outside Chandigarh/Mohali. The mother of the respondent was a handicapped lady. Under these circumstances, the respondent insisted upon the petitioner, to live with her, at Mohali, in the house of her mother, so that they may be able to look after her. The appellant-petitioner however, did not accede to this demand of the respondent. The petitioner, at that time, was residing at Faridkot. He asked the respondent to leave her job and live with him at Faridkot. He was in a position to maintain her, as well as the child. He also told her that, in case, both of them lived together they could look after the child in a proper manner. The respondent, however, did not give heed to the request of the petitioner. On the other hand, she insisted upon him, to live with her, in the house of her parents, at Mohali. It was further stated that the respondent most of the time, used to reside at Mohali, with her parents. She rarely visited Faridkot. In vacations, she pressed the petitioner that he should join her in the house of her parents, but he again did not care. When the petitioner flatly refused the demand of the respondent, to live with her parents, at Mohali, he left the society of the petitioner, with a threat, that she would never come back to join him at Faridkot. As she was residing with her parents, at that time, she also took away with her the minor child. The petitioner waited for some time that the respondent would come and join him at Faridkot, but she did not come. After about a month, the petitioner went to Mohali to bring back the respondent-wife, but she flatly refused to join his society. Again after two months, the Panchayat consisting of the petitioner, his father, Gurdeep Singh and Pala Singh s/o Kundan Singh and Manjit Singh s/o Jawala Singh went to the house of her parents. The Panchayat asked the respondent to accompany the petitioner, but she refused to accompany him. It was further stated that the respondent deserted the petitioner continuously since December, 1989, with an intention to put an end to the matrimonial ties, permanently. Ultimately, the petition under Section 13 of the Hindu Marriage Act, 1955 (amended up to date) was filed by the petitioner, in the Court of District Judge, Faridkot. It was, later on, transferred by this Court, to the Court of District Judge, Chandigarh.
(3.) IN the replication, filed by the petitioner, she reasserted all the averments, contained in the petition, and controverted those, contained in the written statement :