1. A petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as "the Act of 1955") was filed by Smt. Suman, petitioner-appellant (hereinafter to be referred as "the appellant") seeking dissolution of her marriage with her husband Subhash-respondent (hereinafter to be referred as "the respondent") on the ground that she had been treated with cruelty and also that she had been deserted without any reasonable cause by the respondent. On notice of the petition, the respondent appeared but when the petition was fixed for filing of written reply by him, he committed default in appearance and was proceeded against ex parte . The appellant led ex parte evidence. Besides stepping into the witness box herself as PW1 and making a statement in the shape of her affidavit Ex.PW1/A, she also examined her brother Binder, who corroborated her version through his affidavit Ex.PW2/A.

2. The evidence led by the appellant did not weigh with learned Additional District Judge, Hisar and the petition was dismissed vide judgment and decree dated 03.01.2009.

3. Feeling aggrieved, the appellant preferred the instant appeal.

4. Heard the submissions made by Shri Tara