- (1.) JUDGMENT and decree dated 1/-02-2000, passed by District Judge, Tehri Garhwal, in original suit No. 17 of 1998, whereby a petition for di vorce under Section 13 under said Act, filed by the petitioner, is dismissed: (There is no family court in Tehri till date ).
(2.) HEARD learned counsel for the appellant/petitioner and perused the lower court record. Brief facts of the case are that appellant/petitioner, got married to re spondent on 13-01-1973, according to Hindu rites and customs, in Village Siloli, Patti Dharmandal, District Tehri Garhwal. The petitioner used to do job in Punjab, as such, he left his wife (re spondent) in company of his parents and brother in the aforesaid village. It is alleged in the plaint that during the absence of the petitioner, respondent used to quarrel with her in-laws. It is further alleged that she used to go to her parents house, without permission of in-laws. It is further pleaded in the petition under Section 13 of Hindu Marriage Act, 1955, that the respondent wanted that her share be separated in the property by her in- laws. When her demand was not accepted, she left petitioner's paren tal and since then living in her parents house, deserting husband. The respondent contested the pe tition and filed her written statement in which she admitted having married to petitioner/appellant, according to Hindu rites and customs. She further admitted that the petitioner was working in Pun jab and she had to live in her in-laws house in the village. It is pleaded by the respondent, in her written statement, that she was turned out of her in-laws house in the year 1990 and was com pelled to live in her parents house where after she filed an application under Sec tion 125 of Cr. P C. , for maintenance.
(3.) ON the basis of the pleadings of the parties, the trial court framed follow ing issues : 1. Whether the petitioner was treated with cruelty by the re spondent, who deserted to him since 1990 without any just cause? If so, its effect? 2. To what-relief, if any, the peti tioner (the appellant) is entitled? After recording the evidence and hearing the parties, the trial court came to the conclusion that the allegations made against the wife do not constitute the cruelty ncr can it be said that she deserted her husband, as such, petition was dismissed vide judgment and order dated 1/-02-2000 by the trial court (Dis trict Judge, Tehri Garhwal ). Hence this first appeal was filed before Allahabad High Court on 14-03- 2000. The appeal is received by this Court under Section 35 of U. P Reorganization Act, 2000, for its disposal.;