Swatanter Kumar, J.

1. In the month of March, 1987 Hari Krishan was married to Neelam Rani at Village Asspur, Tehsil Mukerian, District Hoshiarpur. They lived together as husband and wife, but no child was born out of this wedlock. The husband Hari Krishan filed the petition under Section 13 of the Hindu Marriage Act praying for a decree of divorce on the ground of cruelty and desertion. According to him the various acts of the wife amounted to mental as well as physical cruelty upon him. She had deserted him for the last more than three years with the intention to bring an end to the matrimonial relationship between the parties. The petition was contested by the respondent.

2. The learned Trial Court framed the following issue :

1. Whether the respondent has deserted the petitioner as alleged ? OPA

2. Whether the respondent has been cruel to the petitioner as alleged ? OPA

3. Whether the petitioner is entitled to divorce ? OPA

4. Relief.

After having given the parties an adequate opportuni ty to lead evidence the learned Trial Court answered both the issues of cruelty and desertion against the petitioner and consequently, dismissed the petition under Section 13 of the Hind