VINOD K.SHARMA,J - (1.) THIS appeal is directed against the decree of divorce granted by the learned Addl. District Judge, Amritsar on an application moved by the respondent-husband under Section 13 of the Hindu Marriage Act.
(2.) THE marriage between the parties took place on 6.3.1988 at Ajnala as per Sikh religious rites. It was the case of the respondent husband that they lived as husband and wife upto 20.4.1989 but no child was born out of this wedlock. The respondent husband was employed as Junior Engineer in the Punjab State Electricity Board and was posted at Verka whereas the appellant wife was employed as a Teacher in the Government Primary School, Dhariwal, Tehsil Ajnala. The respondent husband was a divorcee having obtained divorce from his first wife on 24.12.1987. It was the case of the husband that after the dissolution of his marriage an advertisement was inserted in "The Tribune" dated 16.1.1988 for contracting a second marriage and on the basis of the said advertisement, the respondent was married with the appellant wife. The divorce was sought on the ground of cruelty and desertion. However, the ground of cruelty was not pressed and, therefore, the issue framed qua the cruelty was decided against the respondent husband. The other ground for seeking divorce was that the appellant wife has deserted the respondent husband since 20.4.1989 without any reasonable cause and excuse for a continuous period of more than two years immediately preceding the presentation of the petition. It was claimed that the wife left the matrimonial house with an intention to bring cohabitation permanently to an end. It was also the case of the respondent husband that his efforts for reconciliation to bring back the appellant wife failed as she refused to join the matrimonial home.
(3.) THE petition was contested by the appellant wife by denying the allegation of cruelty to be false and frivolous. It was also the case of the appellant wife that she never deserted the petitioner as alleged by him. Certain allegations against the respondent husband and his mother were also levelled. However, those need not be referred to here as the plea of cruelty was not pressed by the respondent husband. It was claimed by the appellant wife that she never left the matrimonial home, rather the husband respondent attended the marriages of the sons of her brothers, Balbir Singh and Amrik Singh, which took place in the months of October, 1990 and November, 1991.;