ORDER
R.L. Anand, J.
1. 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.
2. 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.