JUDGMENT :

SATYEN VAIDYA, J.

1. Appellant, by way of the instant appeal, has assailed the judgment and decree dated 20.07.2011, passed by learned District Judge, Mandi, H.P. in case H.M.P. No. 30/2008 titled Tek Chand Versus Ratu Devi.

2. Appellant was petitioner before the trial Court. He sought a decree of divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act’ for short). The petition filed by the petitioner was dismissed vide judgment and decree impugned in the present appeal. The parties, for the sake of convenience and clarity, herein are addressed in the same manner as before the trial Court i.e. as petitioner and respondent.

3. The petition for dissolution of marriage was instituted by the petitioner on 11.09.2008. Petitioner had averred that respondent was his legally wedded wife since 1990. Two sons and a daughter were born out of their wedlock, who were minors at the time of filing of the petition.

4. Petitioner further alleged that respondent started disobeying and neglecting him on petty matters, so much so, that she turned indifferent and hostile towards him and the children. It was also contended by