M.B.SHARMA, J. - (1.) THIS is a wife's appeal Under Section 28 of the Hindu Marriage Act 1955, hereinafter referred to as the Act, against the judgment dated October 31, 1979, of the learned District Judge, Ganganagar under which he allowed the application Under Section 13 of the Act of the Respondent Balwantsingh filed by him against the appellant.
(2.) THE marriage of the appellant with the Respondent Balwant singh took place on Fagun Samvat 2021 in accordance with Sikh religion. After the marriage both lived together at Chak No. 172 at the house of the Respondent, but some time in the month of September, 1965, the appellant is said to have left the respondent and went to the house of her parents and did not return. A petition Under Section 9 of the Act for restitution of conjugal rights was filed by the respondent against the appellant and that miscellaneous petition No. 7 of 1968 was later on compromised and the appellant started living with the Respondent. The Respondent filed an application against the appellant in the court of District Judge Ganganagar on March 6, 1978 Under Section 13(l)(ib) of the Act. It was averred in the petition that the appellant deserted the Respondent, some time in the month of August 1972 and thereafter inspite of efforts did not return to the Respondent to discharge her matrimonial obligations towards him. Earlier also a petition for judicial separation was filed but because of the amendment in the Act in the year 1975 that petition was withdrawn and because the amendment gave a right to file a petition for divorce on the ground of desertion also the present petition was filed.
(3.) THE application was contested by the applicant mainly on the two grounds that she did not bring enough dowry in the marriage and she wascalled upon by the Respondent and his mother to bring Rs. 10,000/ - by way of dowry and they used to treat her with cruelty. The learned trial court on the pleadings of the parties framed the following issues: (1) Whether the non -petitioner has deserted the petitioner for a continuous period of more than two years immediately before presentation of the petition and on that ground the petitioner is entitled for a decree of divorce Under Section 13(1)(ib) of the Act? (2) Relief? After recording the evidence of the parties the learned District Judge Ganganagar dissolved the marriage of the Respondent with the appellant by a decree of divorce. ;