SHYAM SUNDER GUPTA Vs. HOMA GUPTA

JUDGEMENT

(1.) THIS appeal by the husband is directed against the judgment and decree passed by the learned District Judge, Solan, in H.M. Petition No.33-S/3 of 1998, decided on 19.10.2001, whereby the court below has rejected the petition for divorce filed by the husband.

(2.) BRIEFLY stated the facts of the case are that both the parties, who are educated and employed, were married according to Hindu Rites on 18.4.1986. Admittedly, they last resided together at Solan. The husband sought divorce from the wife on three grounds; (i) that she has deserted him for a period of two years prior to the filing of this petition and was living separately since 22nd August, 1987 without any reasonable cause,; (ii) that she has treated the petitioner with cruelty and (iii) that despite earlier order for restitution of conjugal rights having been passed by the Sub Judge Ist Class, Karsog on 23.10.1989 in favour of the wife, there had been no restitution of conjugal rights.

(3.) THE parties led evidence and arguments were heard.