( 1 ) THIS appeal is directed against judgment and decree dated 30th August 1982 of an Additional District Judge whereby he dismissed the petition of the appellant-wife for divorce on the grounds of cruelty and desertion falling under sub-cl. (ia) and (ib) of S. 13 (1), Hindu Marriage Act (hereinafter referred to as the Act ).

( 2 ) THE undisputed facts of the case are that the marriage between the parties was solemnised on 21st March 1972 at West Patel Nagar, New Delhi, in accordance with the Hindu rites and ceremonies. Thereafter, they lived together as husband and wife up to 7th August 1977 when they parted company of each other. A daughter by the name of Nancy Handa was born out of the wedlock on 28th July 1974. The wife is presently employed as a clerk in the customs Department and is drawing about Rs. 900. 00 per mensem. The respondent is employed in Punjab National Bank and is drawing more than a thousand rupees per mensem The respondent was employed in Punjab National Bank even at the time of marriage with the appellant, but it would appear that she got employment in 1973 i. e. soon after the marriage.

( 3 ) ON 5th March 1981. the appellant moved a petition