Joginder Singh vs Harnam Kaur

R.L. Anand, J.—I have heard the learned counsel for the parties and with their assistance have gone through the record of the case. The findings recorded by the learned Addl. Sessions Judge, Popar are correct. The learned counsel for the petitioner, however, submitted that the lady was not interested to rehabilitate herself in the house of the petitioner and she categorically stated in the trial court that even if a surety is furnished by the petitioner, she is not interested to rehabilitate her in his house. In these circumstances, the respondent has deserted the petitioner and, therefore, she is not entitled to any maintenance.

The submission raised by the learned counsel for the petitioner is totally devoid of any merit. If the cruelty has been committed upon the woman and for that reason she did not want to go to the house of her husband, it does not amount of desertion. Therefore, I do not see any illegality in the impugned order passed by the learned Addl. Sessions Judge, Popar. No merit. Dismissed.