KISHAN CHAND Vs. SAYITA RANI

JUDGEMENT

(1.) The husband has come up in appeal against the judgment and decree passed on 8th April, 1992 by the District Judge, Kangra Division at Dharamshala dismissing his petition seeking dissolution of marriage by a decree of divorce under section 13 of the Hindu Marriage Act, 1955 (Act No. 25 of 1955) (hereinafter referred to as the Act)

(2.) On 18th November, 1988, the husband filed the petition seeking dissolution of marriage by decree of divorce on the ground that the respondent had deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition The petition was subsequently got amended and as per the amended petition dated 18th January, 1990f an additional ground was also added to the original ground by claiming the dissolution of marriage on the ground that the respondent had after solemnisation of the marriage treated the petitioner with cruelty.

(3.) It is alleged that the marriage between the parties was solemnised on 4tb May, 1977 at Nurpur. The respondent -wife deserted the petitioner in 1979 without any reason and did not visit the petitioners house thereafter. Both the parties were serving as teachers. The petitioner tried his best to have the respondent transferred to his School or near to the place of his posting, but the respondent did not agree and refused to get herself transferred. On 8th May, 1979, a petition under section 9 of the Act was filed by the petitioner seeking decree for restitution of conjugal rights, but the respondent was transferred near the place of petitioners posting and on persuation of relations of both the parties, the respondent agreed to live with the petitioner. As such, the petitioner did not appear in the proceedings and got the petition dismissed on 20th October, 1981, Even after the petition had been got dismissed, the respondent failed to resume the petitioners society. As such, it is alleged that the respondent has without any reasonable and sufficient cause, deserted the petitioner.