V.K.Jhanji, J.

1. This appeal is directed against the judgment and decree of the Additional District Judge, Ambala, whereby the petition of the husband under Section 13 of the Hindu Marriage Act, was dismissed.

2. Marriage of. the parties took place on 10th October, 1983. A daughter was born out of this wedlock on 4th October, 1984. The daughter is stated to be in the custody of the mother. On 16th December, 1989, petition under Section 13 of the Hindu Marriage Act was filed by the husband against his wife seeking dissolution of marriage on the ground of cruelty and desertion. It was pleaded that the wife-respondent has withdrawn from the society of the appellant-husband without any reasonable and sufficient cause.

3. On contest by the wife, the petition was dismissed by the Additional District Judge, Ambala, on 15th May, 1991. The judgment and decree dated 15th May, 1991 dismissing the petition is being challenged in this appeal.

4. During the pendency of the appeal in this Court, the parties have filed the present petition under Section 13-B of the Hindu Marriage Act, for dissolution of marriage by a decree of divorce by mutual consent. . As already indicated the parties