A.S. Chandurkar, J.

1. The appellant – wife has preferred the present appeal under Section 19 of the Family Courts Act 1984 being aggrieved by the judgment dated 8-6-1998 passed by the learned Judge, Family Court, Nagpur whereby the petition filed by the respondent – husband for grant of divorce has been allowed. Herein after the wife will be referred to as the appellant and the husband will be referred to as the respondent.

2. The marriage between the parties was solemnized on 2-12-1992. Out of said wedlock, the appellant gave birth to a son on 27-8-1993. According to the respondent, after the birth of said child the appellant did not return to her matrimonial home for no justifiable reason. Hence, on 22-12-1994, the respondent preferred Hindu Marriage Petition under Section 9 of the Hindu Marriage Act 1955 (hereinafter refer to as the said Act) bearing No.364 of 1994 for restitution of conjugal rights. During pendency of said proceedings, the respondent amended his pleadings and in the alternate sought a decree for divorce on the ground of mental cruelty on the basis of desertion by the appellant. The parties went to trial and on the basis of the material on record, the Fa