Abdul H adi, J.

.1. The husband has preferred this civil miscellaneous appeal against the dismissal of his O.P.No.876 of 1991 on the file of the Additional Principal Family Court, Madras by order dated 3 1. 7.1992. The said O.P. was filed for dissolution of marriage that took place on 28. 1987 between him and the respondent-wife, on the ground of cruelty and desertion under Section 13(1) (i.a) and (i-b) respectively of the Hindu Marriage Act, hereinafter referred to as ‘the Act’.

2. Admittedly, both the spouses were living together till August, 1989, and thereafter they got separated. The original petition was filed on or about 23. 1. 1991.

3. The nature of alleged cruelty pleaded by the petitioner in the petition is briefly as follows:- The respondent refused to consummate the marriage on the nuptials day and on the following days, which caused great anxiety and mental strain to the petitioner. Even on the honey-moon days, there was no normal sexual life between the parties and there was no “willing and acceptable consummation of marriage on any occasion” and on every occasion there was only reluctance and attempt to avoid the fruit of marriage by not having issues