R.P.SETHI, R.L.ANAND
Ravinder Kaur – Appellant
Versus
Raj Birender Singh – Respondent
R.L.Anand, J.
1. This L.P.A. is directed against the judgment dated 10.12.1993 [reported as (1993-3) 105 P.L.R: 442] passed by the learned Single Judge who affirmed the judgment and decree of the Trial Court dated 28.1.1988 by which the petition under Section 13 of the Hindu Marriage Act filed by the respondent-husband (Dr. Raj Birender Singh) was allowed on the ground of desertion.
2. The brief facts of the case are that Dr. Raj Birender Singh filed a petition under Section 13 the Hindu Marriage Act against his wife Smt. Ravinder Kaur appellant on the ground of desertion by inter alia pleading that the appellant had deserted him for a continuous period of two years immediately preceding the filing of the petition on 12.3.1985. It has been averred by the respondent-husband that parties to the marriage were married at Delhi on 8.5.1977 according to the Sikh religious rites and they cohabited together as husband and wife at different places viz., Ambala Cantt., Chandigarh, and Delhi but no child was born out of the wedlock. The husband alleged that the marriage was a failure from the very outset as the wife was not inclined for marriage and she adopted a cold attitude towards
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