P.C.Pandit, J.

1. This is an appeal filed by the husband against the judgment of the learned District Judge, Amritsar, dismissing his petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter called the Act) for a decree of divorce against his wife.

2. Chaman Lal, appellant, was married to Smt. Mohinder Devi on 26th of August, 1959. A daughter was born to them on 21st of October, 1960. It appears that the relations between the parties became strained and according to the appellant, the respondent left his house and started living with her parents in Amritsar. According to him. several efforts were made to bring her back but with no effect. On 10th of February 1962. Chaman Lal filed a petition under Section 9 of the Act against his wife for restitution of conjugal rights. On 17th of March 1962, the wife also put in a similar petition against her husband. The proceedings in the husbands petition were staved and an ex parte decree for restitution of conjugal rights was granted in favour of the wife on 16th of January, 1963. Chaman Lal filed an appeal in this Court against the ex parte decree and the same was rejected on 23rd of December, 1964. On 17th of July, 196