- (1.) JUDGMENT This second appeal is directed against the judgment and decree dated 23rd of September, 2003 passed by the District Judge, Almora, in Civil Appeal No. 05 of 2001, whereby the said court has set aside the decree passed by the trial court, and dismissed the suit for di­vorce. (There is no family court estab­lished in Almora).
(2.) HEARD learned counsel for the par­ties and perused of lower court record. Brief facts of the case are that the petitioner/appellant Kharak Singh Dhapola got married to the respondent Sarojini Dhapola in the year 1988, ac­cording to Hindu rites. Out of the wed­lock two female children were born. Un-fortunately, elder one of the daughters of the couple died in accident. Both the parties are teachers. Initially, when both of them were posted in Danya, they were living together. Thereafter, the husband got posted in Almora and wife also got posted in a nearby place from Almora, and both of them started living in Almora. The petitioner/appellant has pleaded in the plaint that the respond­ent is in the habit of abandoning him and the children and she has treated the petitioner with cruelty. It is further pleaded that respondent got herself transferred to Titoli and did not join the society of the petitioner, as such, the respondent has deserted the petitioner, since August 1995.
(3.) THE respondent contested the suit and filed her written statement, in which it is admitted that the parties got mar­ried in the year 1988. It is also admit­ted that they had two children out of which one has died in accident. It is also admitted that both the parties are teach­ers. The places of postings are also ad­mitted. However, allegation of cruelty and desertion are denied. It is pleaded by the respondent in the additional pleas that the petitioner used to blame the re­spondent for the accident in which their daughter Km. Bhawani died, but actu­ally it was the fault of the petitioner due to which death of their daughter re­sulted. As to the desertion it has been pleaded by the respondent that even af­ter her posting in Reuni, she is still liv­ing in Almora, and she has no intention to leave the company of her husband.;