I.S. Tiwana, J. - (1.) The parties to this appeal against the denial of a decree for divorce under section 13 of the Hindu Marriage Act, 1955 (for short, the Act) were married on Sept. 14, 1967. Out of this wedlock, one son and one daughter were born Admittedly, the daughter is living with the appellant and the son with the respondent-mother. The dissolution of the marriage was sought by the appellant-husband on the grounds of desertions and cruelty on the part of the respondent- wife. As per the allegation in the petition, the respondent left the appellant's house on 'Holiday' in 1976 when she was away on a pilgrimage to Vaishno Devi. According to the appellant, in spite of his best efforts the respondent has failed to rejoin him. With regard to the ground of cruelty, it was pleaded that since the respondent his all through been expressing that she is not willing to live in the house where step mother of the appellant is living, this amounted to cruelty to him.
(2.) On behalf of the respondent, besides denying the above-noted assertions made by the appellant, it is stated that as a matter of fact, right from the early days of the marriage the respondent has been teased and tortured for not bringing enough dowry to the matrimonial home and it was on Dussehra day of the year 1977 that she was turned out of the house by the appellant According to her, she has also been deprived of all her jewellery and other valuables also.
(3.) As a result of the trial that followed on the above-noted two issues, the trial Court, as already indicated, has 'found that the appellant has failed to establish his allegations and therefore failed to make out a case for divorce.;