Amarjeet Chaudhary, J.

1. Suresh Chand appellant filed a petition under Section 13 of the Hindu Marriage Act in the Court of District Judge, Patiala seeking divorce from the respondent on the ground of cruelty.

2. The respondent, on notice of petition having been issued to her, appeared and contested the petition. She denied all the material allegations of the petitioner and prayed for the dismissal of the petition.

3. Reconciliation efforts were also made by the trial Judge but did not succeed as a result of which the following three issues were framed :-

1. Whether the respondents has acted with cruelty after solemnization of the marriage as alleged? If so, to what effect ?

2. Whether the petition is not maintainable ? OPR.

3. Relief.

Issue No. 2 was decided in favour of the appellant and against the respondent. On issue No. 1, the finding of the trial Court is that the appellant has failed to prove his case of cruelty and consequently the petition was dismissed.

4. Feeling aggrieved against the judgment, the appellant has filed this appeal.

5. During the pendency of appeal, the appellant filed an application under Order 6 Rule 17 C.P.C. for amendment of divorce petition