( 1 ) THE appeal before us raises one important point amongst others. The important point that arises before us is :"whether a petitioner in a petition seeking divorce on the ground of cruelty , is entitled to claim such a decree under any circumstances, merely on the ground that the respondent has failed to prove the charges of cruelty levelled in the counter by way of defence, against the petitioner?"

( 2 ) THIS point, along with others on facts, arises in the present appeal in the following circumstances :-"the appellant is the original petitioner in O. P. No. 9 of 1996. It is not disputed that marriage between the petitioner and respondent took place under the provisions of the Hindu Marriage Act, 1955 (hereinafter referred to as the act ) and was performed on 26-1-1989 at Visakhapatnam. The spouses are not residing together since April, 1990. It is petitioner s case that immediately after marriage both of them went for honeymoon. The petitioner is resident of secunderabad. The honeymoon planned by him was at Udaipur but the respondent rejected the trip to Udaipur and instead suggested Nepal. Though petitioner was hurt by this, he planned the visit to Nepal.