Mehtab S. Gill, J. - Appellant Vinod Kumar has filed a petition for divorce under Section 13 of the Hindu Marriage Act, on various grounds.

2. The Additional District Judge, Gurgaon, dismissed the petition with costs, holding that the appellant has filed to prove that the respondent had treated him with cruelty or had deserted him.

3. Feeling aggrieved against the judgment of trial Court, the appellant has filed the instant appeal.

4. Vinod Kumar appellant and Smt. Kamlesh respondent have filed joint petition under Section 13-B(1) of the Hindu Marriage Act in this Court, seeking dissolution of their marriage by a decree of divorce by mutual consent.

5. It was been averred in the joint petition that the parties lived together as husband and wife upto the month of May, 1991 and cohabited. Out of this wed-lock, one baby girl was born on 21.5.1991. After the birth of the girl, the parties lived together for a few days and thereafter, respondent-wife went to her parents house at Majlis Park, Delhi and did not return to the house of her husband. The respondent-wife has agreed to hand over the custody of child Neha Gupta aged about 9 years and 10 months to Vinod Kumar Gupta, petit