CHITTATOSH MOOKERJEE, J. :- On April, 1976 the appellant husband had filed a petition in the Court of the learned District Judge, Alipore under S.10 of the Hindu Marriage Act praying for a decree for judicial separation on the ground that the respondent wife had treated him with cruelty and that she had deserted him. After the Marriage Laws (Amendment) Act, 1976 was enacted, the appellant husband applied in the trial court for amendment of his petition, inter alia, by substituting in place of the prayer for judicial separation a prayer for decree for dissolution of marriage under S.13 (1) of the Hindu Marriage Act. The trial court had allowed the said prayer for amendment. The respondent wife had contested the said suit, inter alia, denying the allegations of cruelty and desertion made by her husband.

2. The learned Additional District Judge, 7th Court, Alipore dismissed the said suit. Thereafter, the plaintiff husband has filed the present appeal.

3. On 10th April, 1981 the appellant petitioner filed an application in this Court praying that he may be permitted to amend his original petition for divorce by inserting para 14 (a). The respondent wife has opposed the appella