- (1.) This appeal is directed against the judgment of the Additional District Judge, Bhatinda, dated 31st Jan., 1978.
(2.) The facts giving rise to this appeal are as under:-- The appellant filed a petition under S. 13 of the Hindu Marriage Act (hereinafter called the Act) for dissolution of his marriage by a decree of divorce. The marriage between the parties took place 6 years before the filing of the petition. For some time, the parties lived together as husband and wife. Two children were born out of the wedlock, but both of them died. The respondent-wife deserted the petitioner without any reasonable excuse and against his will. It is alleged that the respondent had given birth to a male child 5 months before she deserted and she left 2 months old infant child with its father. The petitioner, along with his brother Hakam Singh and Sher Singh, went to the village of respondent's parents and requested her to return, to which she did not agree and also she did not agree to keep the infant child. As a result, the child died.
(3.) The respondent was served before the trial Court, but she did not appear. Hence, ex parte proceedings were taken out.;