R. S. MONGIA, C. J. :- This judgment and order of ours will dispose of LPA No. 3/2001 as well as Misc. Case Nos.62 and 63 of 2002 filed in the aforesaid LPA.

2. The husband Dr. Subhrajyoti Das had filed a petition for divorce under the Hindu Marriage Act against his wife Smt. Uttama Das on the ground of desertion. The Respondent (wife) did not contest the suit. Inspite of that the trial Court, dismissed the petition on 16-9-1997 holding that there was no desertion in the eye of law. Against the judgment of the trial Court, the husband filed F.A. No. 151/97 in this Court, which was also dismissed on 3-1-2001. It may be observed here that an affidavit was also filed by the wife before the learned single Judge alleging certain things against the husband and further submitting that there was no chance of re-union any more which was a found hope when she did not contest the suit. The present L.P.A. has been filed by the husband. The parties are present before us. They have stated that because of their temperamental incompatibility with each other, situation has arisen that they cannot live together as husband and wife. In the circumstances, two Misc. Cases have been filed. Misc.