G.S. Sistani, J.

Challenge in this appeal is to the judgment dated 13.08.2018 by which a petition filed by the respondent/husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'HMA') seeking dissolution of marriage by a decree of divorce on the grounds of cruelty and desertion has been allowed.

2. The necessary facts required to be noticed for the disposal of this appeal are that the marriage between the parties was solemnised on 21.04.2007 at Delhi as per Hindu rites and ceremonies. Out of this wedlock, one son was born on 29.05.2008, who is under the care and custody of the appellant/mother. The parties are living separately since 17.03.2011. The petition seeking divorce on the grounds of Section 13 (1)(ia) & (ib) has been filed by the respondent/husband on 30.05.2012.

3. Mr. Mahesh Verma, learned counsel appearing on behalf of the appellant/wife contends that the impugned judgment dated 13.08.2018 is based upon conjectures and surmises and is not sustainable in the eyes of the law because no evidence was placed on record by the respondent/husband to prove cruelty or desertion by the appellant/wife.

4. The counsel for the appel