AJAY KUMAR Vs. ANITA DEVI

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 29.10.2007 rendered by learned Additional District Judge, Sirmaur District at Nahan in HMA Petition No. 6 -N/3 of 2003.

(2.) "Key facts" necessary for the adjudication of the present appeal are that appellant has filed a divorce petition under Section 13 of the Hindu Marriage Act, for dissolution of marriage. Marriage was solemnised between the parties in the year 1985 at Naha as per Hindu rites and customs. Relations between the parties remained cordial till October, 1988. However, after October, 1988, respondent subject him with cruelty. In December, 1988, appellant started living separately from the parents. In the year 1990, respondent left the house of the appellant. Thereafter, respondent left the house of the appellant on 8.2.2001 without his consent. Respondent deserted the appellant for a continuous period of about more than two years without any reason and cause. Petition was contested by the respondent factum of marriage is admitted. According to the respondent, appellant wanted to get rid of her. She was not able to conceive a child and hence, appellant intended to solemnise second marriage. She used to look after the parents of the appellant. Appellant used to misbehave with her being habitual drunkard. He used to give her beatings. She was ready and willing to join the company of the appellant but appellant was not allowing her to do so with a view to get divorce.

(3.) Learned Additional District Judge framed issues on 19.8.2004. He dismissed the petition on 29.10.2007. Hence, this appeal.