Gulah C. Gupta, J. -- 1. This is defendant's appeal under section 28 of Hindu Marriage Act (hereinafter referred to as the Act) against the judgment and decree of divorce passed by Shri Vinod Saxena, District Judge, Satna on 25.7.1991 in Civil Suit No. 36-A/1986 on the ground of cruelty and desertion. The appellant challenges legality of the same and prays for setting aside the decree and dismissal of the suit filed by the respondent.

2. There appears to be no dispute that the parties were married on 29.1.19X4 in accordance with Hindu Law and thereafter lived at Raipur and Satna for some time. The respondent/husband in his application before the trial Court submitted that after their marriage on 29.1.1984, the parties lived at Satna for few days. Both of them thereafter went to Raipur together, where the appellant was left alone for some time with the respondent's parents. The parties again went on holiday to Puri. Thereafter, the appellant went hack to her parents home at Faizabad and did not return either to Raipur or Satna to live with the respondent.

## It was also submitted that the respondent's sister was to he married on 9.4.1984 and, therefore, he requested the appell