Short Note : 1. The respondent-husband filed the petition under section 13 of the Hindu Marriage Act, for a decree of divorce on an allegation that the appellant wife has deserted him since about four years prior to the filing of the petition, without any reasonable cause. He further alleged that her conduct was immoral and she was leading an adulterous life. He therefore, sought a decree of divorce. 2. The appellant-wife, in her written statement, denied that she deserted the petitioner-husband. Her plea was that she was beaten by her husband, who turned her out forcibly from his house. She also denied the allegation about adultery. 3. The learned trial Court, on evidence, found that the case of adultery, and the allegation of cruelty imputed to the petitioner have not been proved. However, he found that the appellant-wife has deserted the petitioner-husband for a continuous period of over two years immediately preceding the presentation of the petition and accordingly, granted a decree for judicial separation in favour of the respondent-husband, Hence this appeal. Held : Respondent Moolchand P-W 4 has denied that he ever beat the appellant on 31st March 1974. On the contrary, he has specifically deposed that the appellant voluntarily left his house, without any reasonable excuse, four years prior to the date of his deposition in the trial Court; that, since then, she never came back to his house or resumed any marital relations with him. His statement, that the appellant-wife is living separately from him for more than three-four years, has been corroborated by Mohanlal P-W1. Ramlal P-W2 and Nathu PW 3, who are all known to both the parties. An this evidence, with the admission of the appellant-wife herself, clearly establish the fact that the appellant has been living separately from her husband-the respondent and it is she who has deserted him and a period of more than two years had elapsed when the respondent-husband filed the petition for divorce in the trial Court on 1-8-1974. 4. According to the amendments made in the Hindu Marriage Act, 1955, by the Marriage Laws (Amendment) Act, 1976, this Court by its order dated 15-3-1977, gave time to the respondent up to 31st March 1977, to file an application for amendment of his petition, in view of section 39 of the Marriage Laws (Amendment) Act, 1976. 4. According to the amendments made in the Hindu Marriage Act, 1955, by the Marriage Laws (Amendment) Act, 1976, this Court by its order dated 15-3-1977, gave time to the respondent up to 31st March 1977, to file an application for amendment of his petition, in view of section 39 of the Marriage Laws (Amendment) Act, 1976. It was pointed out on behalf of the respondent that no amendment by way of a separate application is necessary as, in the original petition, the relief of divorce is already sought, and it was urged that in view of the fact that desertion by the appellant-wife has been proved in the present case, the respondent-husband is now entitled to a decree of divorce on that ground. In view of this state of affairs and considering the facts and circumstances of the case, this contention of learned counsel for the respondent bas to be accepted and, in our opinion, the respondent is now entitled to a decree of divorce. Appeal dismissed. Decree of divorce passed in favour of respondent.