SARDOOL SINGH Vs. JASWANT KAUR
LAWS(P&H)-1980-12-47
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 11,1980

Appellant
VERSUS
Respondents

JUDGEMENT

J.M Tandon, J. - (1.) Sardool Singh appellant an respondent were married on May 2, 1967. They lived together for three years after their marriage. They have no issue. On Nov. 2, 1978, the appellant filed a petition for dissolution of his marriage with the respondent by a decree of divorce on the ground that she had deserted hint. The appellant alleged that he was in Military service at the time he was married and the respondent insisted that he should leave the service. He agreed and left the Military service in Oct., 1970. The respondent at that time was living with her parents. He went to her parents house to bring her to his own house. The respondent then said that she would live with him if she lived separately from his parents and brother after effecting partition. He did not agree. He made various efforts bring her to his house but failed.
(2.) The respondent in her written statement denied that she had dated the appellant. She was maltreated because she did not bear a The appellant was angry with her on this account. He asked her to him as he wanted to marry some other girl. She was given beating. Efforts were made from her side to persuade the appellant to keep he his wife but the appellant did not agree. the even filed: petition maintenance under section 125, Code Criminal Procedure against him. (The maintenance of the respondent was fixed at Rs. 90.00 per month by order dated October 31, 1979, in a petition under section 125, Criminal Procedure Code.) The Trial Court framed the following issues:- Whether the respondent has deserted the petitioner (now appellant) as alleged ?
(3.) The issue having been found against the appellant, his petition was dismissed by order dated May 10, 1980. It is against this order that the present appeal is directed ?;


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