1. The petitioner in O.P.No. 30 of 1983 on the file of the Court of Subordinate Judge, Kozhikode, whose application for dissolution of marriage under S.13(1) of the Hindu Marriage Act is dismissed, is the appellant in this Miscellaneous First Appeal.

2. The above petition was filed for a decree for dissolution of the marriage between the appellant and the respondent and for consequential reliefs. In the petition it was alleged that the appellant married the respondent on 30-8-1976, that they lived together for some time, that the respondent indulged in several acts of misbehaviour and had treated the appellant with cruelty and deserted him for a long time, and in the circumstances the appellant was entitled to a decree for dissolving the marriage. The respondent resisted the petition and contended that the allegations of cruelty, misbehaviour and desertion are untrue. She admitted that she was residing separately.

3. The learned Subordinate Judge, after considering the evidence came to the conclusion that the petitioner has not succeeded in establishing cruelty and misbehaviour entitling him to get a divorce.

4. In order to substantiate his contention the appellant examine