(1.) This appeal is directed against the judgment and decree dated 22.3.2005 passed by learned Additional District Judge, Mandi in a petition under Section 13 of Hindu Marriage Act registered as HMP No. 10 of 2005 whereby the petition has been dismissed and the decree for grant of divorce on the ground of cruelty sought by the appellant (hereinafter referred to as 'petitioner' ) against his wife the respondent has been declined.
(2.) The parties to the present lis have solemnized marriage on 13.10.1984 in accordance with Hindu customs and ceremonies. One son is born to them out of this wedlock in the year 1986. According to the petitioner the respondent allegedly left the matrimonial home after two months of the birth of child and started living in her parents' house at village Dehar, Tehsil Sundernagar District Mandi. He visited the place of his in-laws to bring her back to the matrimonial home, however she refused to do so. He accompanied by one Beli Ram and Kushal again went to the place of his in-laws and asked her to accompany him to the matrimonial home but she refused to do so. She is working as JBT teacher and posted as such in Govt. Primary School, Saul (Salapar). The complaint, therefore, is that respondent has abandoned his company without any justifiable cause and thereby treated him with cruelty. He, therefore, has sought the dissolution of his marriage with respondent by a decree of divorce.
(3.) The respondent when put to notice had contested the petition on the grounds, inter-alia, that the petitioner during subsistence of a valid marriage with her has remarried with another lady namely Tripta Devi. Four issues i.e. three daughters and one son is born to Tripta Devi from the loins of the petitioner. On merits, it is denied that she has abandoned the company of the petitioner without any justifiable cause as according to her it is rather the petitioner who himself has turned out her from the matrimonial home along with her son in the year 1988 and since then she is residing at her parental house along with her son. It is rather the petitioner who allegedly treated her with cruelty because according to her she has been turned out from the matrimonial home at the behest of Tripta Devi, his second wife.