Heard Sri Rakesh Thapliyal counsel for the appellant and Sri Sarad Sharma, counsel for the respondent.

2. Present appeal has been filed against the judgment and decree dated 31-10-2006 passed by the District Judge, Tehri Garhwal in O.S. No. 14 of 2004, thereby decreeing the petition of the petitioner-respondent for divorce.

3. Briefly stated Sri Satendra Dutt respondent has filed a petition under section 13 of the Hindu Marriage Act, before the District Judge, Tehri Garhwal for divorce against the appellant-defendant Smt. Pramod Bijalwan with the allegations that the parties are Hindu and they were married according to the Hindu rites on 23-11-1984. The petitioner husband was serving in Army. Two issues were born from their wedlock. According to the petitioner he constructed a house at Dehradun in the year 2002 in the name of his wife. There after the appellant abandoned the relationship of husband and wife and the petitioner husband started living separately.

4. The petitioner has alleged that in August 2003, he came to Dehradun on leave but the appellant did not allow him to enter inside the house. When he entered in the house forcefully, the appellant did not provide him