KAPUR, J.—The husbands petition for grant of divorce has been accepted by the Judge Family Court, Jaipur, by his order, dated, 8th June 1990, against which the wife, Pushpa Devi has preferred this appeal.

(2) The facts in brief are that the appellant and the respondent were married according to the Hindu rites and customs in the year 1977 and a son was born on 21.10.1978 and a daughter was born on 24.2.1980. They lived together at Jaipur, where the husband respondent is working in the office of the Director General Police. The appellant was found to be suffering from tuberculosis and for her treatment she stayed for quite some time at Delhi with her parents, and her treatment was done at Jaipur also. Details about their married life shall be seen lateron and here it may be said that the parties parted company on 9.4.1988 and soon after this on 11.4.1988, the petition for divorce was presented before the court. The initial grounds on which the petition was based were amended and some new grounds were added after the appellant filed her reply. The manner in which the final separation took place shall be seen later, but it may be said that according to the respondent, the appellant and her son were taken away by the appellants mother, while according to the appellant she and her son were thrown out of the house. The learned Judge, Family Court framed a number of points, on the basis of the circumstances pointed out by both the parties and on the basis of evidence held that the behavior of the appellant was one of cruelty towards the husband and this cruelty fell within the scope of matrimonial cruelly, on basis of which a decree of divorce could be granted.

(3) According to the facts narrated in the un-amended petition, the appellant became unwell soon after her delivery and it was learnt that she was suffering from some infection disease. Her mother took away her along with the child for purposes of treatment. Baby son was also admitted to the Hospital on account of liver tuberculosis and during this period the respondent husband kept on visiting his wife and son at Delhi. It was learnt that the wife was also suffering from liver tuberculosis and according to the respondent-husband this fact was concealed from him at the time of marriage. After about two years, the appellant came to Jaipur, but the son remained at Delhi and the appellants mother refused to part company with the child. Again at the time of next delivery in Feb. 1980 the mother and child, both became unwell and remained admitted in the Hospital and the mother of the appellant was also called. Then the appellant was taken to Delhi where she remained admitted in Hospital. She was able to come back Jaipur only after two years and her treatment continued at Jaipur in various Hospitals. Coming to the grounds, it was mentioned that when the appellant came to Jaipur in 1983 she became repulsive towards sexual intercourse and thereafter there was no relationship between the husband and wife. The appellant always insisted that the respondent should stay away from his parents and brothers, to which the respondent did not agree and because of this there was mental tension and unrest in the family. Things continued in this manner when the appellant again became ill in the year 1984. Her mother was informed, at that time the appellants mother made proposal that the respondent should marry his sister-in-law Laxmi as his wife Pushpa was unwell and this proposal was not accepted by the respondents father, even though one Ghanshyam Sharma maternal uncle of the respondent tried to pursuade the respondent and his parents. Because of refusal of this proposal it was alleged that the appellants mother was annoyed. The proposal was again made in Oct., 1987 & when the respondent refused the appellants mother started levelling false allegations about ill treatment etc. In the petition specific incident of 3.2.88 has been mentioned. According to the respondent on the day the appellants mothe

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