Judgment

R. Banumathi, J.

This appeal arises out of the judgment dated 10.11.2008 passed by the High Court of Himachal Pradesh at Shimla in FAO (HMA) No.266/2004, dismissing the appellant’s appeal and declining to pass the decree of divorce.

2. Marriage between the appellant-husband and respondent-wife was solemnized on 10.5.1997 and both of them resided together as husband and wife for about nine months. Case of the appellant is that both parties were employed in District Hospital at different places. Appellant was transferred to District Hospital, Solan, Himachal Pradesh and he started living at Solan. By their joint efforts, they were able to get the respondent transferred to Solan. The respondent-wife became pregnant and she went to her parents house at Nirsu in Rampur, Himachal Pradesh. Case of the appellant is that in February 1998, respondent-wife left Solan for delivery at her parents house at Rampur and thereafter she never came back and never stayed with the appellant. Parties are said to have separated since February 1998 and a male child was born out of their wedlock at Rampur on 2.6.1998. Appellant alleged that despite his request, respondent continued to stay with her ch