Pratibha Rani, J.

1. The appellant/wife is aggrieved by the decree of dissolution of her marriage with the respondent/husband on the ground of cruelty. The divorce petition was filed by the respondent/husband on the allegation that the appellant/wife was living in adultery and he is not biological father of all the three children born out of the wedlock.

2. Section 13 of Hindu Marriage Act provides grounds on which marriage can be dissolved by a decree of divorce. Relevant provisions for us for the purpose of disposal of this appeal are Section 13(1)(i) and Section 13(1)(ia) which read as under:-

‘13. Divorce – (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party –

1(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or

1(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or’

3. On September10, 2009, the respondent/husband filed a petition under Section 13(1)(ia) of the Hindu Marriage Act pleading that hi