VEENA BIRBAL, J.

1. By way of this appeal under Section 28 of Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’), appellant has challenged impugned judgment/ decree dated 06.07.2009 passed by the learned ADJ, Delhi by which the divorce petition of respondent/husband has been allowed and the marriage between the parties is dissolved by decree of divorce on the ground of cruelty.

2. Briefly the facts relevant for the disposal of the present appeal are as under:-

The parties were married to each other on 06.03.1987 in accordance with Hindu rites and ceremonies at Chandigarh. After marriage, they had lived together as husband and wife and a daughter Nitika @ Gitika was born from their wedlock on 15.01.1988. The child since birth is living with the appellant/wife. It is admitted position that w.e.f. 16.10.1987 parties are living separately.

3. In the year 1996, respondent/husband had filed a divorce petition against appellant/wife seeking dissolution of marriage on the ground of cruelty and desertion. The respondent/husband had alleged that after marriage, he started living with the appellant/wife at Flat No. 5186, Gulabi Bagh, Delhi which was allotted to him b