ADARSH KUMAR GOEL, J. - (1.) THIS appeal has been preferred against the judgment of the District Judge, Bathinda, dismissing the petition for divorce filed by the appellant -husband.
(2.) MARRIAGE between the parties took place in July, 1970, and one daughter named Sukhwinder Kaur was born out of the wedlock who is living with the respondent -wife. Though the respondent -wife gave birth to 3 other children i.e. 2 sons, and one daughter but they died soon after the birth. The appellant -husband filed a petition in question on 31.10.1990 alleging that the respondent -wife was a quarrelsome lady and was not adjusting in the matrimonial home and finally deserted the appellant -husband 6 years before the filing of the petition. The respondent -wife contested the petition and stated that she was turned out of the house after being treated with cruelty by the appellant -husband. The trial Court dismissed the petition. Aggrieved thereby, the appellant -husband has filed this appeal. After admission of the appeal the matter was referred to Lok Adalat under Section 20 of the Legal Services Authorities Act, 1987 but finding that there was no possibility of compromise, the Lok Adalat had referred the matter back for decision on merits. The trial Court framed the following issues: - 1. Whether the respondent is guilty of cruelty towards the petitioner as alleged in paras 4 and 5 of the petition? OPD 2. Whether the respondent has not complied with the decree under Section 9 of the Hindu Marriage Act for a continuous period of more than 1 year? if so, its effect? OPP 3. Whether the respondent has deserted the petitioner for a continuous period of 2 years without any reasonable excuse? OPP
(3.) WHETHER the petition is not maintainable and the petitioner has no cause of action and locus standi? OPR;