JUDGMENT

Suresh Kumar Kait, J. - The present appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking setting aside of the Decree and Judgment dated 02.06.2008 whereby the learned Family Court has allowed the petition filed by respondent/husband under the provisions of Section 13(1)(ia) & (ib) of the Act, 1955 and dissolved his marriage with appellant on the grounds of cruelty and desertion.

2. The appellant/wife (respondent in the divorce petition hereinafter referred to as 'appellant ') got married to the respondent/husband (petitioner in the divorce petition hereinafter referred to as 'respondent ') according to the Hindu Rites and Customs on 03.03.1995 at Jaipur.

3. The respondent-husband averred before the learned Family Court that after his marriage with appellant-wife, she came to her matrimonial home on 05.03.1995 and her brother took her back for Vida and brought her back to the matrimonial home on the same night.

4. The respondent before the learned Family Court asserted that the marriage between the parties was not consummated and thus, there is no issue from this wedlock. According to the respondent, behaviour of