KAILASH GAMBHIR, J.

1. By this appeal filed under section 28 of the Hindu Marriage Act,1955 the appellant seeks to challenge the order and decree dated 31.10.2008 passed by the Ld. Court of Additional District Judge, Delhi whereby the divorce petition filed by the appellant under section 13 (ia)&(ib) of the Hindu Marriage Act, 1955 was dismissed.

2. Brief facts of the case as set out in the present appeal are that the marriage between the parties was solemnized on 27.06.1988 at Village Jatola, Tehsil Kharkhauda, District Sonepat, Haryana according to Hindu Rites and Ceremonies. That after the marriage parties started living together at the house of respondent at WZ-161, Shadipur, Mandir Wali Gali, New Delhi. The marriage was duly consummated and out of the said wedlock two daughters and a son were born. The petition under Section 13(1) (ia) & (ib) of the Hindu Marriage Act was filed by the appellant wife against the respondent husband seeking divorce on the alleged ground of cruelty and desertion. One of the main allegations leveled by the appellant in the divorce petition was that the respondent was having illicit relationship with a lady named Geeta and it is on account o