Vinod K.Sharma, J.

1. This appeal by respondent/wife is directed against the grant of decree of divorce on a petition filed under Section 13 of the Hindu Marriage Act.

2. The respondent/husband filed a petition under Section 13 of the Hindu Marriage Act on the pleadings that the marriage between the parties was solemnized on 14.1.1987. After the marriage, the parties lived and cohabited together as husband and wife and out of this wedlock two children namely Navjyoti (daughter) and Abhishek (son) were born. The divorce was sought on the ground of desertion and cruelty.

3. Issue of cruelty was not pressed, therefore, was decided against the respondent/husband.

4. On issue No. 2, in stead of recording the finding as to whether the appellant/wife had deserted the petitioner, the learned Matrimonial Court held it to be a case of broken marriage and passed a decree of divorce. The finding recorded by the learned Matrimonial Court reads as under :-

"The marriage between the parties is not successful and since the very inception of the marriage, the marital relations between the parties are not smooth. The matrimonial dispute between the parties started within two years of