AMARJEET CHAUDHARY, J. - (1.) THIS appeal is directed against the judgment of the District Judge, Ferozepur, dated 26-5-1988, who on a petition under Section 13 of the Hindu Marriage Act, filed by the petitioner husband dismiss­ed the petition.
(2.) THE brief facts of this case are that the petitioner had filed a divorce petition under Section 13 of the Hindu Marriage Act for dissolution of marriage on the grounds of desertion and curelty. The case was contested by the respondent wife and on the basis of the averments, the trial Court framed the following issues: (1) Whether the respondent has been treating the petitioner with cruelty ? OPP. (2) Whether the respondent has deserted the petitioner for a continu­ous period of more than two years prior to the filing of the petition ? OPP. (3) Relief."
(3.) ON issue No. 1, the petitioner did not produce any evidence except making his own statement which was not believed by the Court. On the issue No. 2, petitioner, besides appearing himself as his own witness, produced PW 2 Ranjit Singh and PW 3 Surjit Singh. However, there are .material contradictions in their statements and as such the allegations levelled against respondent wife could not be proved. On the other hand, respondent wife was able to rebut the allegations.;