N.V. ANJARIA, J.

1. By presenting this present Second Appeal under Section 100 of the Code of Civil Procedure, 1908, the appellant wife has sought to challenge judgment and decree dated 06.08.2011 of learned Additional District Judge, Surat at Vyara in Regular Civil Appeal No.32 of 2008, whereby the First Appellate Court confirm the judgment and decree of the Trial Court dissolving the marriage in a petition filed by the respondent-husband. The decree of divorce was prayed for and came to be passed on the grounds of cruelty and desertion.

2. It was on the following substantial question of law formulated by the Court, that the present appeal was admitted:

“Whether the lower appellate court was justified in holding that decree of divorce under Section 13 of the Hindu Marriage Act, 1955 could be granted on the ground of irretrievable break down of marriage?”

3. A profile of facts and events leading to the litigation between the spouses and culminating into the present appeal may be noted with relevance. In the Hindu Marriage Petition No.12 of 2004 filed by the respondent-husband before the Court of Civil Judge (S.D.), Bardoli under Section 28 of the Hindu Marriage Act, 1955 (her