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5. On 12-9-1996, Kanak Xess was examined as PW 1 and thereafter on 4-10-1996, Dasrath Bharti was examined as PW 2, but none of them were cross-examined by the respondent.

6. A perusal of order sheet of suit shows that on 12-1-1998 Court again fixed the suit for ex parte hearing. On 17-4-1998 the Court noticed that issues were not framed in the suit, hence on 14-7-1998 issues were framed.

7. On 6-11-1998 petitioner-husband filed Hajri. He was required to produce witness on his behalf, but it appears that on call nobody turned up on on his behalf. No pairvi was filed by respondent. However, Sri Ramesh Chandra, counsellor respondent wife informed the Court that he had nothing to say on behalf of Rita Devi and necessary orders may be passed. Hence, on 6-11-1998 itself court closed evidence of both parties. Nobody appeared for arguments on the said date and as such the suit was fixed for Judgment in second half on the same day and Impugned judgment was delivered and suit was dismissed.

13. Accordingly, petitioner-appellant, Shrawan Kumar Giri was examined as PW 3 and he was also cross-examined by the respondent's counsel.

14. In his evidence, the appellant supported his pleadings. PW 3 categorically stated that behaviour of his wife was cruel to him and her newly born baby. She left husband's house on 8-6-1991 and thereafter in spite of his best efforts, she did not come back to live with him and with her baby. In this manner, she deserted her husband.

15. P.W. 3 proved two papers, Exts. 1 and 1/1 written by his wife, Rita Devi, wherein she had denied to look after her baby and stated that she would not live in her husband's house and his parents were at liberty to get their son married with another girl. A panchanama, Ext. 2 was proved by PW 3, wherein his wife, Rita Devi had accepted before the punches, PWs 1 and 2 and three others that she was leaving her husband's house forever after breaking her relationship with him and her daughter. In his cross-examination PW 3 reiterated that behaviour of his wife with him was cruel and for the reason best known to her, she deserted him for the last 11 years.

19. In the present case there was no justification for the wife to leave the matrimonial house and by now 11 years have passed and the parties are staying separately. Hence, in my opinion, it is a fit case wherein the husband-appellant herein is entitled to a decree for dissolution of marriage.

20. I, therefore, set aside the impugned judgment and decree passed by the Court below and decree the Matrimonial Title Suit No. 25 of 1995 and marriage between Shrawan Kumar Giri, appellant and Smt. Rita Devi, respondent is dissolved.