In cases of divorce on the ground of desertion, delay in filing a petition is not fatal. The petitioner should be given an opportunity to explain the delay.

1. This appeal by Gurmel Singh is directed against the order and decree of the learned Additional District Judge, Sangrur whereby his petition under Sec.13, Hindu Marriage Act, 1955 ( the Act for short) has been dismissed.

2. Briefly stated, the facts of the case are that Gurmel Singh (hereinafter referred to as the petitioner) filed a petition under Sec.13 of the Act for dissolution of his marriage with Smt. Bharpur Kaur on the twin grounds of cruelty and desertion. He alleged that the parties were married in February, 1974. They lived and cohabited together for about 1 1/4 years of the marriage. Unfortunately, the marriage was not a success. The respondent-wife was a temperamental lady. She was given to quarrel and using abusive language towards him and other members of the family. She was the only daughter of his father and was too much attached to him. She returned to his house after a stay of about 2 months with her father in April, 1975. A few days thereafter she expressed a desire to visit her parents. Her father came to the petitioner s house and insisted on taking her to his village. The petitioner did not agree to this suggestion. Her father got annoyed and went away, threatening the petitioner. He thereafter obtained warrants under S.97, Criminal P.C. from Criminal Court at Malerkotla. In pursuance of these warrants the house of the petitioner was raided and the respondent was taken away by the Police and produced in a Court at Malerkotla. Thereafter the respondent has been living with her parents and she has not come back to reside which with him. She has deserted him without any rhyme or reason. She gave birth to a male child in August, 1975, but, unfortunately, it died. The petitioner was not informed about the birth and death of the child. The petitioner made various efforts to bring her back and in fact, reconciliation was made through relatives. He took Panchayats, but with no results.

3. The respondent-wife appeared and resisted the petition for divorce and in her written statement, she denied the allegations made by the petitioner. She, rather, alleged that the petitioner had been maltreating her. He did not like her, because she was not beautiful and was an illiterate lady. The petitioner was not satisfied with the dowry given by her parents. He is a diploma-holder in Mechanical Engineering. He made unreasonable demands and gifts from her. She was even given beating by the petitioner at the instance of his mother. Her father tried to settle her. He made efforts at reconciliation by taking Panchayats, but in vain. The pleadings of the parties led to the framing of the following issues : -

1. Whether the respondent has deserted the petitioner for a continuous period of more than two years, prior to the presentation of the present petition?

2. Whether the petitioner was guilty of cruelty to the respondent as alleged in paras 4 and 7 of the written statement?

3. Whether the petition is mala fide?

4. Relief.

4. The learned trial Judge, after carefully considering and analysing the evidence of the parties, recorded his findings. He decided issues 1 and 2 against the respondent and in favour of the petitioner. He, however, dismissed the petition on the ground that it had been filed after an unexplained and inordinate delay of more than 6 years. Hence, the husband has filed this petition.

5. The learned trial Judge has given a finding on the basis of the evidence recorded that the petitioner had not been cruel to the respondent. In fact, there was no reason for that. The petitioner had seen the respondent before her marriage. He also knew that she was illiterate. The learned trial Judge also held that there was no cogent evidence to hold that the petitioner had ever demanded dowry from the respondent. The learned Judge came to the conclusion that the respondent had deserted the petitioner for a continuous period of more than 2 years prior to the presentation of the divorce petition. The findings are based o