( 1 ) THIS Civil Miscellaneous Appeal is filed against the judgment in OP No. 1115 of 1995, dated 28-8-1996 on the file of the Family Court, Hyderabad.

( 2 ) THE wife is the appellant. The husband filed the OP under Sections 13 (1) (ia) and 13 (1) (ib) of the Hindu Marriage Act for divorce on the grounds of cruelty and desertion.

( 3 ) THE brief facts of the case are as fol-lows : The petitioner and the respondent were married on 7-4-1983 as per Hindu rites and customs. After the marriage, they lived together till 1985 and they were blessed with a female child. During the said period, the respondent used to quarrel with the petitioner very often and ill-treated him causing mental and physical agony to the petitioner. In 1985, she went to her parents house for delivery. The female child was born on 16-3-1985. The birth of the female child was not informed to the petitioner. On 5-10-1986, there was a mediation by the caste-elders, pursuant to which, the respondent joined the petitioner and stayed with him for 2 or 3 months. Thereafter, she went to her parents house without the knowledge and consent of the petitioner. Finally, she left the petitioner once for all taking all the gold jewellery etc. She filed a criminal complaint under Sections 498-A and 420-A, IPC, which resulted in the acquittal of the petitioner. Thereafter, she also filed MC No. 11 of 1990 on the file of the IV Metropolitan Magistrate, Hyderabad, in which maintenance was already awarded to the respondent as well as the child. Hence the petition for divorce.

( 4 ) THE respondent filed a counter-affidavit admitting the marriage etc. and the birth of the child and also the mediation by the caste-elders on 5-10-1986. She stated that on 19-5-1987, the petitioner and his mother beat the respondent mercilessly and threw her out of their house. Even in the presence of the Panchayat elders, the petitioner ill-treated her. Hence, she had no other alternative except to approach the criminal Court under Section 498-A, IPC and the Magistrate s Court claiming maintenance. She is ready and willing to join the matrimonial home and, therefore, the OP is liable to be dismissed.

( 5 ) THE petitioner examined himself as PW-1 and filed Exs. A-1 to A-5; while the respondent examined herself as RW-1 and one of her relatives as RW-2.

( 6 ) ON the basis of the evidence, the learned trial Judge found that the petitioner established the grounds of cruelty and desertion and, therefore, he is entitled for divorce. Holding as above, he granted a decree for divorce. Aggrieved by the same, the present appeal is filed by the wife.

( 7 ) THE main argument of the learned Counsel for the appellant is that neither the ground of cruelty nor the ground of desertion is established by the respondent. Mere filing of a petition under Section 498-A, IPC or under Section 125, Cr. P. C. claiming maintenance, does not amount to cruelty. Further, there is absolutely no evidence that the appellant deserted the respondent. The learned Counsel submitted that though in 1985 she went to her parents house, she lived with the respondent till 1987. It is only in 1987 when she was thrown out of the house after being beaten her by the respondent and his mother, the appellant had to leave the house. Therefore, there is no desertion. In support of his contention, he relied on a decision of the Supreme Court in Lachman v. Meena, AIR 1964 SC 40. The learned Counsel contended that the essence of desertion means the intentional permanent forsaking and abandonment of one spouse by the other without that other s consent and without reasonable cause. It is a total repudiation of the obligations of marriage. Therefore, the burden of proof is on the respondent to establish that the appellant has forsaken the matrimonial home permanently and abandoned the respondent without his consent and without reasonable cause. The appellant has not left the house without any reasonable cause on her own. On the other hand