( 1 ). Shri 0m Parkash Mangal, the husband brought a petition for dissolution of the marriage against his wife Mrs. Urmil Mangal by grant of a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the act) on the grounds of cruelty and desertion. The petition was dismissed by Shri S. C. Jain, learned additional District Judge, Delhi on 15th of December, 1977 against which the present appeal is directed.

( 2 ) THE marriage between the parties was celeberated on 2. 10. 1968. The petititioner and the respondent had been living as husband and wife at No. 719/42, Chowk Mahabir, Gandhi Nagar, Delhi 31, upto 19th of July 1974 during which period two female issues have born out of the wedlock of the parties. It is unnecessary for me to refer to the allegations relating to cruelty as that ground is not pressed in the present appeal. The case of the petitioner on the ground of desertion is that the respondent has been leaving the house of the petioner from time to time and at the last she left the house of the petitioner on 20. 7. 1974 when the petitioner was in his office and in the absence of the petitioner, the respondent had left t