1. THIS appeal at the instance of the husband arises out of a Matrimonial suit filed by the husband for judicial separation under section 13 of the Hindu Marriage Act, 1955, which was amended praying for divorce after the amendment of the marriage Laws (Amendment) Act, 1977. In the petition filed the only ground alleged by the petitioner/husband as against the wife is cruelty.

2. THE broad fact leading to the unfortunate suit is that the parties were married according to Hindu rites on the 11th May, 1967. On 10th of November, 1967, the wife allegedly left the matrimonial home with her parents. A daughter was born to her on 30th June, 1968. On 9th July, 1973, the present suit was filed after withdrawing the earlier suit being Suit No. 16 of 1973, filed by the husband as against the wife in the same court with the leave to file a fresh suit. After a protracted hearing of the matter ultimately by a judgment dated 16th April, 1979, the husband's petition for divorce was rejected.

Being aggrieved by the said judgment the husband presented the present appeal on 15th of June, 1979. Before we deal with the case in hand, at the outset when the parties were present in court we asked