- (1.) LABH Kaur, appellant, has challenged the correctness of decree of divorce obtained by Narain Singh, respondent, against her, from the Court of Mrs. Harmohinder Kaur Sandhu, Additional District Judge, Sangrur, on 25th of October, 1977 on the ground of having deserted the latter for a period of 2 years, under. S. 13 (1) (i-b) of the Hindu Marriage Act.
(2.) THE parties were married on 15th of February, 1967. The respondent belongs to village Duggan, District Sangrur, whereas the parents of the appellant reside in village Baradwal, Sub Tehsil Dhuri. Hey lived at village Duggan after marriage. Hey have three living children. He eldest is a daughter born in about 1969, the second is son, born in 1972; and the third is daughter, born in 1974. He respondent filed a petition for dissolution of his marriage with the appellant by a decree of divorce in October, 1976, alleging that the latter had withdrawn from his society for about 2 1/2 years without any reasonable excuse. Efforts to bring her back from the house of her parents have failed and the appellant has refused to come to him. The appellant in her written statement admitted that she was living at the house of her father in village Baradwal. She added that she was maltreated after the birth of he son because he father gave Rs. 1500.00on that occasion, whereas the respondent wanted a motor cycle and a pair of bangles. The respondent was annoyed when his demand for Motor Cycle and a pair of bangles was not acceded to. The money given by her father was returned. The respondent started giving her beating on minor matters. The mother of the respondent started talking of re--marrying him and also putting end to her life. In 1974 she was pregnant. She was given some position in her food with the result that she began to vomit. She was turned out of the house of the respondent in that condition. Since then she was living with her parents. She gave birth to her second daughter in 1974 at the house of her parents. None had approached for taking her back to the house of the respondent. Her father approached the respondent and his father for approchement but the latter did not show any inclination.
(3.) THE trial Court framed the following issues:- 1. Whether the respondent (now appellant) deserted the petitioner (now respondent) for a continuous period of not less than two years, immediately preceding the proceedings of the petition? 2. Whether the petitioner (now respondent) treated the respondent (now appellant) with cruelty? The trial Court found both the issues in favour of the respondent and consequently dissolved his marriage with the appellant by a decree of divorce vide order dated 25th Oct. 1977. It is against this order that the present appeal is directed. ;