JUDGMENT

S.N. Variava, J.-Special leave granted.

Heard parties.

2. These Appeals are against the Judgment dated 14th August, 2002 of the Delhi High Court. By this Judgment, two Letters Patent Appeals have been disposed of.

Briefly stated the facts are as follows:

3. The Appellant and the Respondent were married on 18th November, 1981. The Appellant claims that the Respondent left the matrimonial home on 28th January, 1987. The Respondent denies this. The Respondent claims that she was driven out of the matrimonial home. She claims that she was always and even now is ready to stay with the Appellant. On a question from Court, counsel for the Appellant states that the Appellant is not willing to take back the Respondent.

4. On 27th April, 1991, the Appellant filed a Divorce Petition on grounds of cruelty and desertion. The Trial Court, after considering the evidence of the parties and the material on record, held that the Respondent had not proved cruelty or desertion and thus dismissed the Petition.

5. The Appellant filed an Appeal under Section 28 of the Hindu Marriage Act, 1955 in the Delhi High Court. The High Court also held that the Appellant has not been able to prove cruelty. The Si