RAJESH KUMAR CHAUDHARY Vs. SUNITA CHAUDHARY

JUDGEMENT

(1.) THIS is the husband's appeal against the judgment and decree of the learned Additional District Magistrate (sic), Fast Track Court, Kangra at Dharamsala, denying him decree of divorce by way of judicial separation as prayed for.

(2.) THE husband approached the Court on the allegations that the marriage between the parties was solemnized on 2.11.1997 at village Bharmar, Tehsil Jawali, District Kangra, according to Hindu rites. The averments are that the petitioner is a Bachelor in Pharmacy and prior to his posting, he was working in Meridian Laboratory and remained posted there upto August 1997. Thereafter he changed jobs and worked at various places, the last such posting being at Khanna District in Punjab. At the time of filing of the petition, he was working in Gagret. In a nutshell, the averments are that the respondent deserted him and did not rejoin his company. He seeks a decree of dissolution of marriage on the ground that the respondent has not made any effort to rejoin his company.

(3.) LEARNED trial Court, on appraisal of evidence found that there was no act of desertion or mental cruelty as contemplated by Section 13 of the Act, entitling the petitioner to a decree of divorce. The petition was dismissed. Hence the present appeal.