FAO No. M-336 of 2009 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. M-336 of 2009 (O&M) Date of decision: 24.2.2011 Lakhvinder Kaur .. Appellant v. Tejinder Singh .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. H. S. Bhullar, Advocate for the appellant. Respondent-Tejinder Singh in person. ... Rajesh Bindal J. The wife is in appeal against the judgment and decree dated 13.10.2009, passed by the learned court below, whereby in a petition filed by the husband, the divorce was granted on the ground of desertion and cruelty. It has been specifically noticed by the learned court below, on the basis of admission of the appellant herself, that the parties are living separate since January, 2001. It is also a fact which has not been disputed at the time of argument that the husband was convicted on 5.6.2009 after trial for offences under Sections 406/498-A IPC, against which the appeal is stated to be pending. Further, it was stated by the husband, who appeared in person, that on account of his conviction in the criminal case, he has even been dismissed from service. The intention of the appellant-wife for not saving the matrimonial home is evident from the fact that she had been prosecuting the criminal case registered against the husband, in which he was ultimately convicted. It has also been noticed by the court below in paragraph 65 of the impugned judgment that all efforts were made during the pendency of the proceedings before the court below to settle the dispute between the parties, FAO No. M-336 of 2009 [ 2] but it could not lead to any positive result because of adamant attitude of the wife. The learned court below has already granted decree of divorce. Considering the facts and circumstances of the case, I do not find any reason to interfere with the same. Accordingly, concurring with the findings recorded therein, the appeal is dismissed. No orders are required to be passed on application under Section 340 Cr.P.C. filed by the husband as the appeal filed by the wife is dismissed. (Rajesh Bindal) Judge 24.2.2011 mk