(1.) THE parties, who are Hindus, got married on 13.4.1995. Out of this wedlock, one male child was born on 10.5.1996. According to the husband he was posted at Kinnaur at the time of the birth of their child. He was thereafter posted to Hamirpur. The child of the parties was suffering from some serous problem and the wife took the child to her parental home at Palampur on the pretext that she wanted to get proper treatment for the child. The husband alleges that he visited the parental house of the wife a number of times and asked the wife to join him, but she did not accompany him to the matrimonial home and has deserted him for a continuous period of 4 to 5 years prior to filing of the petition. It is also alleged that on 2.7.2000 when the husband visited the parental house of his wife alongwith his relative and friends, he was humiliated, insulted and abused by the wife's father and cousin. Another allegation is that previously the husband had filed a petition for restitution of conjugal rights which was decreed in his favour by the Senior Sub Judge, Hamirpur on 10.5.2000. Despite this, the wife refused to join the company of the husband.
(2.) THE wife filed reply to the application and according to her it was the husband who had treated her with cruelty and had beaten her a number of times. She also pleaded that the husband alleged that she (the wife) was not a suitable match for him. It is also stated in the reply that the minor child was suffering from a serious disease and it is the wife who always looked after the minor child and spent the money on his treatment. The father, despite being the natural guardian, failed to take any interest in the well being of the child. On the pleadings of the parties the learned trial court framed the following issues:-
(3.) I have heard Mr.Vikas Bhardwaj, learned counsel for the appellant and Mr.Neel Kamal Sood, learned counsel for the respondent. I have also perused the entire record of the case.