FAO No.3906 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3906 of 2010 Date of decision: 16.2.2011 Rajiv Yadav ......Appellant(s) Versus Major Smt. Suman Yadav ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. P.R. Yadav, Advocate for the petitioner(s). Mr. Sandeep Vermani, Advocate for the respondent. Jasbir Singh, (Oral) The appellant in this case is a husband. His marriage was solemnized with the respondent on 30.11.1994 and the couple was blessed with a female child in the year 1995. When marriage was solemnized, the respondent-wife was employed in the Army. The divorce was sought by alleging that the wife has deserted the husband without any reasonable cause and has refused to join his company and further it was alleged that she had committed many acts of cruelty, which started immediately after performance of the marriage. In that regard, it is stated that the respondent told the appellant that the marriage was solemnized against her wishes as she wanted to marry some senior officer in the Army. After recording evidence of both the parties, the trial Court came to the conclusion that desertion is not proved and in that regard it was stated as under: “So far as the ground of desertion is concerned, the petitioner has pleaded that the respondent has FAO No.3906 of 2010 2 withdrawn from the company of the petitioner since 3.1.2008 without any sufficient cause and reason and while appearing as PW1, the petitioner in his affidavit Ex.PW1/A which is tendered in examination in chief has alleged that the respondent had withdrawn from his company since 3.1.2008 without any sufficient cause or reason. The present petition for divorce was filed on 11.9.2008 i.e. just after a period of about 8 months from the date of desertion. As per the provisions of section 13(1)(ia)(ib), the marriage can be dissolved by a decree of divorce if the respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. Therefore, as a period of two years had not elapsed when the respondent had allegedly deserted the petitioner, immediately before filing the petition, therefore, the petitioner cannot be granted a decree of divorce on the ground of desertion as has been prayed for by him.” In his cross-examination, in the trial court, the appellant has specifically admitted that acts of cruelty if any, after 28.6.2006, has been condoned by him. If that is so, then there is no ground for the appellant to say that divorce be granted on the ground that some cruelty was committed before 28.6.2006. It is not in dispute that on 3.1.2008, the respondent came to the appellant at Rewari and both had stayed together for about 5 days in one room. There is nothing on record to show that she had not subjected herself to the appellant for discharge of any matrimonial duty. No evidence was brought on record in that regard by the appellant. FAO No.3906 of 2010 3 At the time of arguments, counsel for the appellant has failed to indicate any error on facts and law in judgment under challenge. The matter was also referred to the Mediation and Conciliation Centre of this Court to explore the chances of compromise. The respondent took a stand that she is ready to accompany the appellant to her matrimonial house, however, the offer was not accepted by the appellant. Dismissed. (JASBIR SINGH) JUDGE February 16, 2011 (RAKESH KUMAR GARG) ps JUDGE