( 1 ) THIS appeal springs from judgment dated 30th September 1982 of an Additional District Judge whereby he dismissed the petition of the appellant/husband for divorce on the grounds of desertion and cruelty as being without merit.

( 2 ) THE carriage between the parties was solemnised on 7th October 1964 at Sonepat, to which place the parents of the respondent/wife belonged, in accordance with Hindu rites and ceremonies. Thereafter, they lived together as husband and wife at 123/2, Rouse Avenue, New Delhi, uptil January 1966. The said house had been allotted to the father of the appellant as a railway employee and as such the parties were living with him as members of his family. A son was born to the respondent in December 1965. However, the appellant does not own his paternity ). Since January 1966 onwards the respondent has been living at Sonepat with her parents. The contention of the appellant is that she left her matrimonial home on 19th January 1966 for Sonepat without his consent and against his wishes and she has not returned to her matrimonial home despite repeated efforts having been made by him i. e. the appellant, from time to time to bring her back to