(Kuldip Singh, J.) - The husband has come in appeal against the judgment, decree dated 5.12.2002 passed by learned District Judge, Una dismissing the petition of the husband for dissolution of marriage by a decree of divorce on the grounds of cruelty and that the wife has not joined the company of the husband despite decree of restitution of conjugal rights.

2.The facts of the case, in brief, are that appellant on 22.6.1998 filed a petition for granting a decree of divorce against respondent on the ground that she did not join his company despite decree of restitution of conjugal rights and she has treated him with cruelty. It has been pleaded that the marriage between the parties took place on 18.11.1990 and a son was born to the parties from the wedlock on 2.2.1992 who is living with respondent. The respondent deserted the appellant, who filed a petition under Section 9 of the Hindu Marriage Act, 1955 (for short ‘the Act’) which was allowed on 23.3.1994 and a decree of restitution of conjugal rights was passed, but respondent did not join the company of appellant, he filed a divorce petition against respondent which was compromised and withdrawn on 26.3.1996.

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