ORDER :

1. The appellant is aggrieved of the judgment dated 06th December 2017 passed in Matrimonial Suit No. 57 of 2015 (in short, the Divorce Suit) which was instituted by her husband for a decree of divorce on the ground of “cruelty” and “desertion.”

2. By the aforesaid judgment, the Divorce Suit has been decreed on contest.

3. In our opinion, the judgment in Divorce Suit is flawed for more than one reason.

4. The Family Court in the judgment dated 6th December 2017 has framed the following issues:

(I) Is the suit, as framed, is maintainable?

(II) Whether the applicant has valid cause of action?

(III) Whether the respondent has committed cruelty and has deserted the applicant?

(IV) Whether the applicant is entitled to a decree of divorce on the ground of cruelty and desertion?

(V) To what other relief or reliefs, the applicant is entitled to?

5. A glance at the issue no. III; whether the respondent has committed cruelty and has deserted the applicant - reveals that a composite issue on the grounds of cruelty and desertion has been framed by the Family Court. Under section 13(1)(i-a) of the Hindu Marriage Act, 1955 (in short, HM Act) cruelty is a ground for divorce. Whereas, section 13(1)(