MANMOHAN SINGH, J.

1. The present appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”) for setting aside the impugned order dated 7th December, 2002 wherein the learned ADJ dismissed the petition of the appellant for divorce under Section 13(1)(ia) of the Act.

2. On 26th September, 1971 the parties were married according to Hindu (sikh) rites. Out of this wedlock, two male issues were born namely Manpreet Singh born on 27th February, 1974 and Gurpreet Singh born on 5th March, 1977.

3. It was the case of the appellant before the learned Trial Court that during her stay with the appellant, the respondent treated the appellant with cruelty and denied/refused to co-habitat with the appellant.

4. The parties are living separately since January, 1995.

5. On or about 16th February, 1995, the appellant filed a divorce petition on the ground of cruelty. The said petition was dismissed by judgment and decree dated 7th December, 2002 against which the appellant had filed the present first appeal.

6. The divorce was sought under Section 13(1)(ia) on the grounds of cruelty and desertion, it was alleged in the petition that the