1. This appeal arises from an Original Petition. The husband is the appellant. He wanted divorce under S.13 and 13A of the Hindu Marriage Act. The grounds alleged are desertion and cruelty. The courts below considered the evidence adduced in the case by the husband and wife and came to a conclusion that the husband failed to establish both grounds. The petition was dismissed. The husband appeals.

2. The facts necessary for the decision of this appeal are these: The marriage between the appellant and the respondent was on 6-11-1978. The appellant-husband is in the military service. After the marriage since his leave expired, he left his native village on 15-11-1978. From 6-11-1978 to 15-11-1978 the husband and wife were living together. When the husband left his house he instructed his wife to be in his house and that she should take care of his ailing mother. According to the husband even though strict instructions were given by the husband the wife did not obey those instructions and without the consent and permission of his mother she left the house. This important circumstance has been very strongly denied by the wife. According to the wife she was living in the house