( 1. ) THIS is an appeal under Section 28 of Hindu marriage Act, 1955 filed by the appellant/wife against the decree of divorce passed against her by Vth Additional District judge, Rewa in Civil Suit No. 54-A/95 vide judgment dated 26. 9. 96.

( 2. ) IT was not disputed in the case that the appellant was married to the respondent at Jabalpur in the year 1981 according to Hindu rites and customs and they lived together as husband and wife.

( 3. ) RESPONDENT/husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 against the appellant/wife before District Judge, Rewa on 17. 6. 91. As per allegations made in the petition, respondent and appellant lived as husband and wife for a period of two and half years at jabalpur, Shahdol and Rewa. They last resided as husband and wife at village Kuthaliya, District Rewa till August 1984, when the appellant/wife eloped with her friend Anwar Khan in the month of August 1984. Respondent/husband made unsuccessful attempts to bring her back, but the wife never returned back to live with the respondent/husband.

( 4. ) ACCORDING to respondent, in the year 1982, when he was employed in Umariya, District Shahdol in the Electricity board, he stayed with the appellant in a rented house of Anwar khan; Respondent/husband had to remain out during the week and he used to come home only on Sunday or holidays. In July 1984, respondent on coming back to his house found that the room was bolted from inside and his wife/appellant was lying with Anwar in objectionable position. As per allegations made by the respondent, appellant also had illicit relations with one ramkhilavan and she was also seen lying with Ramkhilavan in objectionable position. Respondent then scolded his wife and took her to his parental home to Khuthaliya, District Rewa and lived there till August 1984. On 30th August 1984 respondent came to know that his wife/appellant had eloped with Anwar khan and thereafter she lived with him for a long time having illicit relations with him. Afterwards, in the year 1985 she came back to Jabalpur to her parents and started working in a hotel and had illicit relations with the hotel owner, Jagdish. Appellant thus continued to live in adultery and deprived the respondent of conjugal rights and deserted him continuously for seven years without any reasonable cause. Respondent/husband was therefore, constrained to file a petition for divorce against the appellant, as it had become impossible for him to live with the appellant/wife.

( 5. ) THE petition for divorce was opposed by the appellant/wife. She denied all the allegations made in the divorce petition by way of written statement filed before trial court. According to appellant/wife, she always fulfilled her marital obligations. She never knew Anwar Khan and false allegations of adultery were levelled against her. In fact, a son named Arun Kumar Sondhiya was born to her out of wedlock with the respondent/husband. Actually, respondent/husband himself wanted to perform another marriage and therefore, he made false allegations against her so as to obtain divorce. Respondent/husband had never called her back; appellant had lived with the respondent till Nov. 1990 and thereafter she came to her parental house and was never called back by the respondent. She was still willing to live with the respondent/husband and divorce petition deserved to be dismissed.

( 6. ) ON the above pleadings, the trial court framed various issue and parties went to trial and adduced their evidence.

( 7. ) THE trial court, after analysis of the evidence adduced in the case held that the appellant/wife had deserted the respondent/ husband without any reasonable cause since august 1984 and after her marriage with the respondent she had illicit relations with other persons and had voluntary sexual intercourse with certain other persons, therefore, granted a decree of divorce against the appellant under Section 13 of hindu Marriage Act, 1955 vide i