G.C.GARG, J. - (1.) APPELLANT , herein, filed a petition Under Section 13 of the Hindu Marriage Act ( for short 'the Act') alleging that marriage between the parties deserves to be dissolved by a decree of divorce on the grounds of desertion and cruelty. Marriage between the parties was solemnised according to Hindu rites at Ludhiana on June 26, 1977. the couple was not blessed with any child. Petition for divorce was filed on January 13, 1984 praying for the relief noticed above. The petition was contested by the respondent-wife by filing a written statement whereby allegations levelled against her were denied.
(2.) IT is not considered necessary to notice the allegations as made in the petition or the written statement as the same will be noticed in the light of the contentions raised at the appropriate stage. The trial Court by judgment and decree dated January 25, 1990 dismissed the divorce petition after holding that the respondent lived with the husband upto August 4, 1982 when she left the house in routine and there was not an iota of evidence to suggest that she had at that time an intention either not to return to the matrimonial home or to bring co-habitation permanently to an end. In other words, the finding is that there was no animus deserdendi on the part of the respondent when she left the matrimonial home on August 4, 1982. The ground of cruelty was also negatived. As a result of these findings, the petition was dismissed. It is how this appeal came to be filed by the husband.
(3.) LEARNED counsel for the appellant very fairly and rightly did not press into service the ground of desertion for seeking divorce and confined his submission only on the point of cruelty. The finding on the point of desertion as recorded by the learned Addl. District Judge is thus affirmed.;