( 1 ) THE first appeal under S. 28, Hindu Marriage Act, 1955 is directed against the judgment and decree dated April 2, 1985 passed by the learned Additional District Judge, Delhi, dismissing husband s petition under S. l3 (l) (ia) and (ib) of the said Act.

( 2 ) THE parties were married according to Hindu rites and ceremonies on January 31, 1977 at Dehradun. After solemnization of the marriage, the parties resided at D 16/409, Lodhi Road, New Delhi and cohabited as husband and wife. No child was born from this lawful wedlock. The appellant had earlier filed a petition on September 6, 1980 under S. 13 (ia) and (ib), Hindu Marriage Act, 1955 (for short called the Act ) on the allegations that the respondent left the matrimonial home on or about September 1, 1977 and did not join the appellant thus deserting him without reasonable cause and that the respondent has treated the appellant with cruelty. That petition was contested by the respondent. It was dismissed on both grounds by Shri K. S. Gupta, Additional District Judge, Delhi vide judgment and decree dated May 6, 1981. A second petition under S. 13 (ia) and (ib) of the Act, out of which the present appeal has arisen, was filed

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