S.P.KURDUKAR, J. - (1.) THIS Letters Patent Appeal is directed against the judgment and decree dated April 18, 1984 passed by the learned Single Judge in F. A. O. No. 135-M of 1982.
(2.) THE learned Single Judge recorded good reasons while confirming the judgment and decree passed by the learned Additional District Judge-II, Sangrur on August 4, 1982 in H. M. Act case No. 79 of 1981. The result of both these impugned judgments is that the petition filed by the appellant for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter called the Act) was dismissed. It is not necessary to set out facts of the case in detail since the issue involved is very simple. It is summon promise that the appellant (husband) married to the respondent (wife) sometime in May 1960. For about two years, they cohabited and out of this wedlock, they got a daughter. The appellant thereafter went to England sometime in the year 1976 and returned to India on a temporary visit in July 1981. It is the case of the appellant that despite several requests to the respondent, she did not come to reside with him in England. Since the respondent failed and neglected to come and reside with the appellant for all these years, the appellant filed the petition under Section 13 of the Act for divorce on the ground of desertion.
(3.) THE respondent denied the allegations and averred that she was always ready and willing to cohabit with the appellant inasmuch as she was willing to go to England. It is the appellant, who, never cared to take her to England and it is he, who failed and neglected to take her to England. According to the respondent, it is the appellant who deserted her and as a result thereof, she had to undergo several difficulties. She has pleaded that the petition is false and the same may be rejected.;