Rajive Bhalla, J:

The appellant, challenges judgment and decree dated 11.04.2013, recorded by the Additional District Judge, SAS Nagar, Mohali, allowing the petition for divorce filed by the respondent and dissolving the marriage of the parties, on the ground of cruelty.

2. Counsel for the appellant submits that the impugned judgment and decree are not sustainable in fact or in law. The finding of cruelty is primary based upon the facts that the appellant is facing a trial for the murder of the respondent's father (her father-in-law), an alleged extra marital affair with Harvinder Sharma, refusal to cook meals for the appellant and his family members and failure to appear at the stage of second motion in proceedings, under Section 13-B of the Hindu Marriage Act (hereinafter referred to as 'the Act').

3. Counsel for the appellant submits that it is true that the appellant was tried for the murder of her father-in-law but the Additional Sessions Judge, SAS Nagar, Mohali, has acquitted her and Harvinder Sharma in Sessions Case No. 07, dated 12.02.2013, decided on 23.05.2014. The finding of cruelty based on the fact that the appellant is facing a criminal trial is, therefore, no