The husband has the burden of proving that the wife deserted him with animus deserendi and without any reasonable cause.

S.S.GREWAL, J.

1. This Letters Patent Appeal has been filed against the judgment of learned single Judge of this Court dated 28-1-1987, whereby, judgment and decree passed by the trial Court granting divorce on the ground of desertion in favour of Mohinder Singh (hereinafter referred to as the husband) against Harbans Kaur (hereinafter referred to as the wife), was set aside.

2. Admittedly, the marriage between the parties was solemnized on 29-6-1979 at village Khadial, District Sangrur. After the marriage, as per allegations of the husband, the parties lived together as husband and wife for about 11/2 years at village Shahpur Kalan. No child was, however, born out of the said wedlock. About 3 1/2 years prior to the filing of the present petition i.e. somewhere in the year 1981, Shingara Singh, brother of the wife, came to village Shahpur Kalan, and, took away the wife with him on the pretext that her father Kartar Singh was seriously ill and the latter wanted to see her. It was further pleaded that at the time when the wife accompanied her brother, she took away all her gold ornaments and other clothes. After about 20 days or so the husband went to the house of her in-laws in order to bring his wife. At that time her father told him that she would be sent to her matrimonial home later on. The wife did not return to the house of her husband. The husband and his father along with a panchayat went to the parental house of the wife. In spite of persuasion by the panchayat, the wife did not return to her matrimonial home. Thus, the wife had deserted her husband for a continuous period of more than two years immediately preceding the presentation of the petition for grant of decree of divorce. It was further pleaded that even during the period when the wife stayed with the husband, she never co-operated her husband that she behaved in a rash manner and in this way she treated her husband with cruelty.

3. In her written statement, the wife admitted the factum of her marriage. According to her she lived with her husband for about 31/4 years. She denied that her brother-Shingira Singh brought her from her husbands house or that she brought any ornaments or clothes with her. She further pleaded that she was forcibly deprived of her all gold ornaments and valuable articles and after giving beating she was turned out of her matrimonial home. Her father went twice to the house of her husband and requested the husband to keep her with him but the husband refused to do so. She further pleaded that she apprehends danger to her life at the hands of her husband. It was also pleaded in the written statement that father-in-law of the wife used to coerce her to bring more dowry from her parents who could not meet the demand.

4. On the pleadings of the parties the following issues were framed by the learned trial Court :-

1. Whether the respondent had been treating the petitioner with cruelty? OPP 2. Whether the respondent has deserted the petitioner for a period of more than two years prior to the presentation of the present petition? OPP

5. Issue No.1 was decided against the husband by the trial Court which finding was upheld by the learned single Judge. Under issue No.2 the trial Court held that the wife had deliberately deserted the husband without any reasonable cause, and on said finding trial Court granted decree of divorce. Finding of the trial Court on issue No.2 was, reversed by the learned single Judge and the judgment and decree of the trial Court was set aside and application for grant of divorce was dismissed.

6. Aggrieved against the judgment of the learned single Judge the husband has filed this Letters Patent Appeal.

7. It was mainly contended on behalf of the husband that there is ample, legal, cogent and reliable evidence on the record that the wife intentionally left the house of the husband; that she is living separately and has wilfully deserted him without his consent and without any reasonable cause for a period of