, J.

1. This is husbands appeal whose petition for divorce on the basis of desertion and cruelty was allowed by the learned Additional District Judge, but dismissed in appeal and consequently, petition for divorce was dismissed.

2. The marriage between the parties took place on February 19, 1973. Out of this wedlock, one daughter was born on June 10, 1914 and a son was born on October 12, 1975. Earlier, there was a litigation between the parties. They separated finally on March 21, 1980. The petition for divorce was filed alleging that inspite of the best efforts on the part of the husband, the wife did not return to his house. Earlier, the husband had filed a petition under Sec.9 of the Hindu Marriage Act, (hereinafter called the Act), for restitution of conjugal rights and in view of that application, the wife returned to his house at Kurukshetra. After staying there for four days, she, again left on August 14, 1976, for Delhi. Meanwhile he got his petition dismissed. He further pleaded that the wife filed the petition under Sec.25, Code of Criminal Procedure, in the Court of Delhi, which was ultimately got dismissed by her. She also filed a complaint under Sec.494 which