Sanjay Karol, J (oral)

Appellant Monika Sharma (hereinafter referred to as the wife) was wedded to respondent Kuldeep Kumar Dogra (hereinafter referred to as the husband) on 26.04.1993 as per Hindu customary rights. Two children were born out of the wedlock. Incompatibility prompted the parties to reside separately. With the passage of time discord widened with the husband filing a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), wherein wife pleaded infidelity on the part of her husband. Unequivocally it stood averred that the husband was having illicit relationship with his Bhabhi (sister-in-law). Such allegations were also repeated in a petition filed by the wife under Section 125 Cr.P.C. Claiming the allegations to be false, having caused grave mental cruelty and the marriage having broken out irretrievably, husband filed a petition for divorce on the ground of cruelty. This in crux is the averments made in the petition adjudicated by the Court below.

2. In response thereto wife reiterated her allegations.

3. On the basis of the evidence led by the parties, trial Court decided the issues in favour of the husband and allowed