BALDEV RAJ Vs. BIMLA SHARMA

JUDGEMENT

(1.) This appeal has been filed by the husband under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) against the judgment and decree passed by the Additional District Judge, Kangra at Dharmasala in Hindu Marriage Petition No. 3/D/III/93, decided on 21-6-1996 dismissing the petition of the husband.

(2.) The husband filed a petition under Section 9 of the Act for restitution of conjugal rights or in the alternative for grant of a decree of divorce under Section 13 of the Act.

(3.) The facts, as alleged, were that the marriage between the parties was solemnized according to Hindu rights at Talwara on 7-8-1988. It was alleged that about 7 months after the marriage, the respondent left her matrimonial home. After the intervention of some respectable persons she again joined company of the petitioner in May, 1989, but again left his company after one week. According to the petitioner he also sought the help of Family Counselling Center, but with no fruitful result. Thereafter at the instance of some other persons including the brother of the wife, she again joined company of the petitioner, but finally deserted the husband and left for Talwara on 19-2-1993.