Deepak Gupta, J.

1. This appeal by the husband is directed against the judgement and decree dated 14.11.2008 whereby the learned trial Court dismissed the petition filed by the husband for grant of divorce on the grounds of desertion and cruelty.

2. The undisputed facts are that the parties got married in the year 1976 as per Hindu rites. At the time of the filing of the petition the husband was 49 years of age. Now, he is 56 years old. The allegation of the husband was that the wife used to torture, neglect, abuse, insult and humiliate him and only wanted his property. It was further alleged that in April, 1999 the respondent deserted the petitioner and started living separately in the same house. She separated her mess and started living in two separate rooms and kitchen and had not cohabited with the petitioner since 1999 till the filing of the petition. Another allegation was that the wife had filed an application under Section 125 of the Cr.P.C. claiming compensation despite the fact that she was living in the house of the petitioner albeit separately and the entire expenses were being paid by the petitioner. This petition was dismissed. The wife also filed ano