LAWS(P&H)-1978-9-73

RAJINDER KAUR Vs. BHAJAN SINGH

Decided On September 26, 1978
RAJINDER KAUR Appellant
V/S
BHAJAN SINGH Respondents

JUDGEMENT

(1.) A petition under section 13 of the Hindu Marriage Act, 1955 was filed by Bhajan Singh, respondent against his wife Rajinder Kaur, for the grant of a decree for divorce. The allegation in substance is that in August 1974 the appellant left the house of the respondent in connection with the delivery of a child at the house of her parents. She gave birth to a daughter on September 23, 1974. When the respondent went to bring her back in October 1974, she refused to return to him. Thereafter, the respondent made several attempts to bring her back but she failed to resume his society. The respondent, therefore, prayed for the necessary relief on account of the desertion of the appellant for a continuous period of more than two years.

(2.) The petition was contested by the appellant who took up the stand that the respondent used to maltreat her and after the birth of the child nobody came to take her back. The trial Court framed the necessary issue in the case and after consideration thereof, granted a decree for divorce, in consequence of a finding that the appellant had deserted the respondent for more than two years.

(3.) Before hearing the appeal, I made efforts for reconciliation between the parties but the same was not found possible.