V. K. Mehrotra, A. C. J,—Smt. Parvati, who has filed this appeal under section 28 of the Hindu Marriage Act (hereinafter, "the Act") against the decree for divorce dated May 7, 1985, passed by the District Judge, Mandi in Hindu Marriage Petition No It of 1983, for divorce, was married to Shiv Ram, the first respondent, some time in the year 1935. Shiv Ram was then about 7 years in age. In due course, two children, namely, a daughter and a son, were born out of their wedlock, Shiv Ram filed the petition for divorce in October, 1983. In Paragraph 4 of this petition he alleged that for the past 15 years Smt Parvati had started living adulterous life and had deserted him for nearly 3 years and started living in the house of Param Dev, the second respondent. She was, thus, committing adultery openly. She had not performed her marital obligations as legally wedded wife with Shiv Ram for the past 15 years resulting in cruelty and desertion. When she was asked by Shiv Ram to live in his house she did not do so. The case of Shiv Ram is that he was constrained to file the petition for a decree for divorce as he had not condoned the cruelty in any manner.

2. Parvati filed a written sta