JUDGMENT :

Appellant assails judgment and decree dated 18th October, 2011, passed by learned Additional District Judge, Fast Track Court, Shimla, in H.M.A. Petition No. 17- S/3 of 2005/04, whereby the petition of respondent/husband for dissolution of marriage on the ground of cruelty has been allowed.

2. The parties hereinafter shall be referred as wife and husband respectively for clarity.

3. Husband filed a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act (for short “the Act”) on the grounds of cruelty and desertion. Learned trial Court allowed the petition on the ground of cruelty. The issue with respect to desertion was decided against the husband. Wife has assailed the impugned judgment and decree on the ground that the same is not sustainable in the eyes of law.

4. The marriage between the parties was solemnized on 8/9 September, 2001 at Dakharantu, Tehsil Jubal, District Shimla, H.P. Parties were Hindus by religion and hence their marriage was solemnized in accordance with Hindu rites and ceremonies. A baby was born to wife on 11.11.2002 out the wedlock. Husband alleged that his mother went to the house of father of wife, where the wife was staying