The unsuccessful husband/appellant has directed this appeal against the judgment and decree dated 20th August, 1997, passed by the· Additional District Judge, Khachrod, District Ujjain in Hindu Marriage Case No. 28A of 96, thereby dismissing the petition filed by the appellant against the respondent for grant of decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act').

Briefly stated the facts of the case are that the appellant and respondent are husband arid wife and their marriage was solemnized according to Hindu Customs and rites on 30th May, 1991. The appellant filed the application under Section' 13 of the Act for dissolution of marriage on the ground of desertion and cruel behaviour of respondent wife. The application was contested on behalf of the respondent. The trial Court, on considering the evidence led by the parties dismissed the application and refused to grant decree for divorce. Aggrieved, the appellant has filed this appeal.

During pendency of the appeal, the appellant and the respondent filed IA No. 520/98 under Order XXIII Rule 3 of the CPC for granting decree of divorce on compromise. Both the parties have also filed IA