JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed impugning the judgment and decree dated 10.02.2026 passed by the Additional Senior Civil Judge and JMFC, at Sira, in M.C.No.55/2019, instituted by the appellant under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking for a decree of divorce on the ground of desertion, which resulted in dismissal.
2. The marriage of the appellant and the respondent was solemnized on 11.06.2011. Out of the wedlock a female child
- 3 -
was born on 14.10.2016, who would be now 10 years of age. Except for the oral testimony, no evidence has been adduced to support the allegation of desertion by the wife.
3 On the other hand, the respondent in her testimony has categorically stated that she wants to live with the appellant inasmuch as out of the wedlock a female child was borne on 14.10.2016 and that the appellant has not even taken care of the education and other needs of their daughter.
4. From the facts and circumstances of the case, as well as the evidence adduced by the parties, we find no ground to interfere with the impugned judgment and decree dated 10.02.2026 passed by the Trial Court dismissing the appeal filed by the appellant seeking decree of divorce on the ground of desertion. In view thereof, we dismiss this appeal.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
NG / CT:SN / List No.: 1 Sl No.: 14