SUSHMA DEVI Vs. MALKIAT SINGH

JUDGEMENT

(1.) The instant appeal arises from the impugned judgment rendered by the learned District Judge, Hamirpur on 7.4.2009 in Hindu Marriage Petition No. 102 of 2005, whereby he allowed the petition preferred thereat under Section 13 (1) (b) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act ) by the petitioner/respondent herein and passed a decree for dissolution of marriage inter se the parties to the lis on the ground of desertion.

(2.) The appellant herein standing aggrieved by the rendition of the learned District Judge hence concerts to reverse it by preferring an appeal therefrom before this Court.

(3.) The brief facts of the case are that marriage of the parties took place on December, 10, 1996 at Village Bani, Tehsil Ghumarwin, District Bilaspur, H.P. according to Hindu rites. After the marriage, the parties lived together and the marriage was consummated but no child was born. Subsequently, one child was born whose parentage was disputed by the petitioner and he had filed a separate petition for this purpose which was dismissed by the District Judge, Hamirpur, H.P. , on December, 16, 2002. It is averred that thereafter the respondent/appellant herein continued to live at the house of her father. So, the petitioner went to the house of the parents of the appellant herein on March, 18, 2003 to bring her to the matrimonial house and she was accordingly brought there. But during her stay of 20-22 days, she left the house of the petitioner for 2-3 times and finally she did so on April 12, 2003 and thereafter she did not come back despite various efforts made by the petitioner and his family members. Thus, it is averred that the respondent has deserted the petitioner for a continuous period of not less than two years without any sufficient cause. It is averred that the petitioner is paying permanent alimony of Rs.1487/- per month to the respondent as ordered by the learned District Judge, Hamirpur. So, it is prayed that the marriage of the parties may be dissolved.