A party cannot take advantage of his or her own wrong by seeking relief under the Hindu Marriage Act, 1955.

R.P.Sethi, J.

1. Annoyed by the conduct of his wife the estranged husband knocked the doors of the Courts for getting decree of divorce from his wife on the ground of cruelty and desertion. Having failed in his pursuit to get the marriage dissolved in the trial Court as also before the first Court of appeal, the husband has approached us in this appeal for the grant of relief of dissolution of marriage.

2. A perusal of the facts disclose that the marriage between the parties was solemnised on 18.2.1968 and out of this wedlock a daughter namely Kulwant kaur was born in May, 1969. It was submitted in the matrimonial Court that before the birth of the child, the respondent-wife had allegedly deserted the appellant in February, 1969. It was further contended that the wife had been guilty of cruelty inflicted on the husband within a period of one year from the date of the marriage till February, 1969. The husband initially approached the Court with a prayer for restitution of conjugal rights by filing an application Under Section 9 of the Hindu Marriage Act, 1955 {hereinafter to be referred to as the Act) but got it dismissed in default on May 7, 1976. The matrimonial relations were allowed to remain in suspense for a period of about six years thereafter the husband filed a petition for divorce in the matrimonial Court on 27.4.1982. It is submitted that the respondent-wife who was working as Staff Nurse was repeatedly requested to give up her service which she declined and allegedly became inimical towards the husband. The appellant was alleged to have been abused and insulted by her on trivial issues. The respondent-wife started accusing the appellant of living in adultery with one Harvinder Kaur and even filed a complaint against him Under Section 494 of the I.P.C. for his alleged extra marital relations with one Kamaljit Kaur. The complaint filed on 25.11.1975 was ultimately dismissed on 27.8.1980. The petition was resisted by the wife mainly on the ground that the husband was taking advantage of his own wrong as he infact had turned her out of his matrimonial house after subjecting her to severe beatings. The allegations of desertion and cruelty were denied. In order to please her husband the respondent as a devotee wife claimed to have tendered her resignation from service on 9-11-1968 but rejoined the service after she was turned out from the matrimonial home. It is submitted that the appellant after having made the money quickly started leading a strange sort of life as he performed marriage with one Harvinder Kaur daughter of Avtar Singh in the year 1971 and after abandoning her married with one Kanwaljit Kaur.

3. On the pleadings of the parties, the following issues were framed by the trial Court:

"1. Whether the respondent is guilty of cruelty?

2. Whether the respondent has deserted the petitioner for a continuous period of more than two years prior to the filing of the petition? O.P.A.

3. Whether the petitioner is taking the benefit of his own default, as alleged? O.P.A.

4. Relief."

4. In order to prove his case the appellant examined Shangara Singh as his witness and got his own statement recorded in support of the allegations made by him. The respondent besides getting her statement recorded produced Bhagwant Singh Sandhu, Advocate, Dayal Singh, Ravinder Singh and Harbans Singh. The trial Court decided all the issues against the appellant and dismissed his petition with costs. The appeal filed by the husband was also dismissed vide judgment impugned in the case.

5. The learned counsel for the appellant confined his arguments to seek the relief of divorce on the ground of desertion alone. It was submitted that as admittedly the parties were living separately from last about quarter of a century, the marriage had broken and was required to be dissolved on the ground of desertion.

6. The word "desertion" has not been defined either under the Act or any other statute nor is it capable of being encased in a straight