Judgment

D.P. Wadhwa, J.-This is husband’s appeal. He filed a petition for divorce against respondent-wife under Section 13 of the Hindu Marriage Act, 1955 (‘Act’ for short) on the grounds of cruelty and desertion (Section 13(i-a) and 13(i-b). He succeeded in the family court to the extent that he was instead granted a decree of judicial separation under Section 13-A of the Act. Against the judgment of the family court wife filed an appeal in the High Court of Judicature at Madras. A Division Bench of the High Court by impugned judgment dated December 19, 1996 allowed the appeal and dismissed the petition of the husband on both the grounds of cruelty and desertion. Aggrieved husband has now come to this Court after obtaining leave to appeal.

2. A marriage was solemnised between the parties in accordance with Hindu rites on July 6, 1969. A son was born to them on February 12, 1971 and a daughter on May 19, 1975. Husband alleged that during all this period behaviour of the wife was cruel towards him. She suspected that he was having extra marital relations with his junior woman advocate. Husband is an income-tax practitioner. Wife also suspected that he was having illicit relation wit