R.P.Sethi, J.

1. Annoyed by the conduct of his wife the estranged husband knocked the doors of the Courts for getting decree of divorce from his wife on the ground of cruelty and desertion. Having failed in his pursuit to get the marriage dissolved in the trial Court as also before the first Court of appeal, the husband has approached us in this appeal for the grant of relief of dissolution of marriage.

2. A perusal of the facts disclose that the marriage between the parties was solemnised on 18.2.1968 and out of this wedlock a daughter namely Kulwant kaur was born in May, 1969. It was submitted in the matrimonial Court that before the birth of the child, the respondent-wife had allegedly deserted the appellant in February, 1969. It was further contended that the wife had been guilty of cruelty inflicted on the husband within a period of one year from the date of the marriage till February, 1969. The husband initially approached the Court with a prayer for restitution of conjugal rights by filing an application Under Section 9 of the Hindu Marriage Act, 1955 {hereinafter to be referred to as the Act) but got it dismissed in default on May 7, 1976. The matrimonial relations