Thomas, J.

1. The appellant, a husband, filed a petition in the lower court for a decree of divorce under S.13 of the Hindu Marriage Act, 1955 (for short 'the Act') on the ground that his wife has, after solemnisation of the marriage, had voluntary sexual intercourse with another person. The wife (1st respondent) who resisted the petition, however, admitted her marriage with the appellant, but denied all the allegations relating to her character. While the original petition was pending, both the husband and wife filed a joint petition and prayed for a decree of divorce in terms of the said petition. Learned Sub Judge dismissed the original petition as well as the joint petition as per the impugned order. Hence this appeal at the instance of the husband.

2. The original petition was filed by the appellant in the lower court on 18-2-1985. The above mentioned joint petition was filed on 9-4-1987. The averments in the joint petition, inter alia, are that the marriage between the parties was solemnised on 13-5-1969 and three children were born to them, and that due to differences of opinion between the spouses they have been living separately for more than three years and that