AMARJEET CHAUDHARY, J. - (1.) SANTOKH Singh, petitioner (hereinafter referred to as the appellant) had filed a petition under Section 13 of the Hindu Marriage Act seeking divorce on the grounds of cruelty and desertion. The Matrimonial Court vide its judgment dated October 26,1987 dismissed the petition with costs.
(2.) AGGRIEVED against the impugned judgment, the appellant filed the present appeal for setting aside the judgment of the Matrimonial Court, Kurukshetra. The challenge to the impugned judgment is that the appellant had proved the factum of cruelty and desertion by leading evidence, despite that the Matrimonial Court had dismissed the petition. I have gone through the case file and the evidence on record.
(3.) IT is revealed from the case file that the Matrimonial Court had returned a categoric finding that the appellant failed to prove the allegations of cruelty and desertion. The evidence produced by him was not convincing which could warrant for a decree of divorce. It was incumbent upon the appellant to substantiate the allegations levelled by him against his wife by cogent and convincing evidence. The Matrimonial Court had committed no error in disbelieving the version of the appellant.;