Sarojnei Saksena, J.

1. This is wifes appeal against decree of divorce granted on April 28, 1988, by Mr. M.L. Singal, Additional District Judge, Amritsar on the grounds of cruelty and desertion.

2. Uncontroverted facts of the case are that wife-appellant was married to petitioner-respondent Kimti Lal on February 4, 1971. at Amritsar according to Hindu rites. The matrimonial home is at Tarn Taran. In this wedlock appellant Kailash Rani has given birth to three children, who were aged 13,11 and 10 years at the time when the petition was presented in the month of December 1986. Since November 1979 they are living separately. The children are with the mother. Appellant-wife filed a petition under Section 125 Cr.PC against the husband/father claiming maintenance for herself and her children, which is allowed by the Magistrates Court. Husband-respondent also filed a petition under Section 9 of the Hindu Marriage Act, 1955 (in short, the Act), which was dismissed.

3. Petitioner-respondents contention in the lower Court was that after marriage for few months, Kailash Rani behaved properly with him and his family members. He is living with his mother, brothers and sisters. Thereafte