MOHAN SINGH Vs. LEELA DEVI

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act (hereinafter referred to as the Act) is directed against the order of the Presiding Officer, Fast Track Court, Shimla, dated 26.7.2005 whereby he has dismissed the petition filed by the husband for grant of divorce.

(2.) BRIEF facts necessary for decision of the case are that the parties, who are Hindus, were married on 10.5.1986 and lived together as husband and wife at village Kalhali, Tehsil and District Shimla till 19.7.1992. Two children, one son and one daughter, were born out of the wedlock and these children are residing with the wife.

(3.) ACCORDING to the husband, the parties resided together only for about 4 months and on 18.7.1998 when the husband was not at home, the wife left her matrimonial home and started residing with her parents. The husband states that he made efforts to bring back the wife, but to no avail. It is alleged that the wife left the husband without his permission and despite efforts refused to come back and, therefore, she has deserted the husband and is entitled to divorce.