The central legal point established in the judgment is the requirement to establish the intention to desert for a period of more than two years under the Hindu Marriage Act.

JUDGMENT

M.M.S. Bedi, J. (Oral) - Appellant Sinder Kaur wife of respondent Surinder Singh, has preferred this appeal against the judgment and decree dated 25.09.2007 allowing petition under section 13 of the Hindu Marriage Act filed by the respondent-husband and granting decree of divorce to the respondent-husband on the ground of desertion only.

2. It is pertinent to observe here that the respondent-husband had obtained an ex parte decree of divorce on 19.10.2001 from the Court of Shri D.S. Sheoran, Additional District Judge, Jagadhari. The appellant-wife filed an application under Order 9, Rule 13 CPC as a result of which ex parte decree of divorce dated 19.10.2001 was set aside and the divorce petition of the respondent-husband was ordered to be considered after enabling the appellant to file written statement.

3. The original claim of the respondent in his petition under section 13 of the Hindu Marriage Act was that the parties had married on 12.04.1989 at Ludhiana. Thereafter, a son was born on 30.12.1990 at Yamunanagar. The appellant-wife allegedly, on 30.09.1991, had gone to Ludhiana along with her brother on the pretext of seeing her ailing mother but she did not return despite repeated telephone calls. Thereafter, the appellant-wife had allegedly written a letter dated 18.04.1992 that she had severed all the ties with the respondent and did not want to live with him any more and had asked for her belongings. A panchayat was allegedly convened on 05.02.1994. Thereafter, the appellant-wife started living with the respondent in his house and a female child was born on 02.01.1995. Another female child was born on 04.09.1996. The appellant-wife, allegedly, left the house of the respondent on 15.06.1997 in his absence and took away all the jewelery. The respondent-husband leveled allegations that the appellant-wife was staying in the house of one Mohinder Singh at Bhatia Nagar, Yamunanagar. The appellant along with wife of Mohinder Singh had come to the house of the respondent and took one iron box containing clothes and other valuable articles and left for Bikaner on 16.06.1997 without knowledge and consent of the respondent.

4. When the appellant was given opportunity to file written statement after setting aside of the ex parte judgment and decree of divorce, as mentioned hereinabove, she has taken up a plea that she had been mercilessly beaten and turned out of the matrimonial home on 30.09.1991. She denied all the allegations.

5. The trial Court-framed the following issues:-

"1. Whether the respondent has treated the petitioner with cruelty on the grounds alleged in the petition, if so, to what effect? OPP.

2. Whether the respondent has deserted the petitioner since 16.06.1997 without any sufficient and reasonable cause, if so, to what effect? OPP.

3. Whether the petition is not maintainable? OPR.

4. Whether the petitioner has no come to the Court with clean hands? OPR.

5. Relief."

6. The respondent appeared as PW-1 and examined Inder Raj Kapoor as PW-2, Gurjeet Singh as PW-3 and Balwant Singh as PW-4 whereas the appellant herself appeared as RW-4. Besides this, she examined her father Acchhar Singh as RW-1, Sohan Singh as RW-2 and Gorakh Nath as RW-3.

7. On appreciation of evidence, the lower Court gave finding on issue No. 1 against the respondent holding that he had not been dealt with cruelty by the appellant. However, on issue No. 2, the lower Court held that the appellant had deserted the respondent-husband.

8. Aggrieved by the findings of the lower Court, the appellantwife has preferred this appeal.

9. It is not out of place to observe here that the appeal was filed in the year 2007. Thereafter, the respondent had been served and appearing before this Court through Mr. Robin Dutt, Advocate. The appeal was admitted on 24.07.2009. A sum of Rs. 2500/- per month was assessed as maintenance pendente lite. The respondent had been appearing before the Permanent Lok Adalat when an attempt for reconciliation was made. The