( 1 ) THIS appeal under S. 28 of the Hindu Marriage Act, 1955 is directed against the judgment and decree dt. Mar. , 12, 1984 of the Court of Shri M. A. Khan, Additional District Judge, Delhi dismissing the petition of the appellant for dissolution of marriage by a decree of divorce under S. 13 (1) (ia) of the said Act.

( 2 ) THE factual background is this. The marriage between the parties was solemnized on Jan. 22, 1980 at New Delhi according to Hindu rites and ceremonies. Both the parties cohabited at New Delhi and out of this wedlock, one male child named Kapil was born on Dec. 23, 1980 who is still alive and is living with the respondent. According to the appellant, the differences arose between the parties in the month of Jan. , 1981 and the respondent had left the house of the appellant on Feb. 15, 1981 with her son and went to her parents house with all her belongings like gold ornaments, clothes etc. Allegations of cruelty are made in paras 5, 6 and 7 of the petition in these words :

"5. That the petitioner is the ly son of his parents and living with his mother and the respondent before leaving the house of the petitioner on 15-2-1981 had expressed her des