HARVINDER SINGH Vs. SHEENA RANI

JUDGEMENT

(1.) THIS appeal by the husband is directed against the judgment and decree dated 10.2.2007 passed by the learned Additional District Judge, Nawanshahar vide which petition under section 13 (1a) (1b) of the Hindu Marriage Act (for short the Act) has been dismissed.

(2.) THE appellant/husband sought a decree of divorce on the pleadings that the marriage between the parties was solemnized according to Sikh rites and ceremonies on 6.12.1997 at Village Nadalon, Tehsil Garshankar, District Hoshiarpur. The marriage was duly consummated at village Ram Pur, and after the marriage the parties lived together as husband and wife at village Ram Pur. From the wed-lock, one son namely Paramjit Singh was born in the month of October, 1998. The case set up by the appellant/husband was, that after few months of marriage the respondent started creating trouble in the married life, on one excuse or the other. The The husband left for foreign country and came back in the month of June, 1998. The appellant started helping his brother in business at Delhi, and started residing there along with his brother. He used to come to village after 15 days in routine. The case of the appellant was that due to his financial position he was not able to keep his wife and son with him at Delhi. It was further alleged that the wife did not want to live in village and wanted to stay with him, even though he had no means.

(3.) ON the allegations referred to above divorce was sought on the ground of cruelty as well as desertion, on the plea that during his absence she had left the matrimonial home along with her mother in the year 2000 and did not come back thereafter.