1. THIS is an appeal by the petitioner Debi Prosad dutta against the decision of the learned Additional District Judge, 14th Court, alipore, dismissing the petitioner's application under section 13 of the Hindu marriage Apt for dissolution of marriage by a decree of divorce on the ground that the opposite party Sm. Suravi Dutta failed and neglected to comply with the decree obtained by the petitioner for restitution of conjugal rights, in Matrimonial Suit no. 62 of 1979.

2. IT is alleged by the petitioner that the petitioner and the opposite party were married according to Hindu rites on May 28, 1977. Tie petitioner works at Durgapur and his parents live at 20 C, Sarat Ghosh Garden Road, P.S. Kasba. After marriage the respondent lived for sometime at the petitioner's kasba house. The petitioner had Ho suitable accommodation at that time at Durgapur and he used to come to Kasba house occasionally. The petitioner was to come to Calcutta on 28.5.78 to celebrate his marriage anniversary but suddenly he was attacked with Chicken Pox on 24.5.78 and he could not come to Calcutta. The respondent on 28.5.78 suddenly left the Kasba house at about 7 a. m. without the knowledge and con