( 1. ) THIS appeal has been directed against the judgment dated the 6th May, 1987, passed by the Fourth Additional Judge to the Court of District Judge, Jabalpur in Civil Suit No. 82-A of 1984, granting a decree of divorce.

( 2. ) THE appellant was married to the respondent in the year 1969. A daughter Kumari Maya and a son were born to them during their wedlock. The son has died during the period the appellant (herein) was serving the jail sentence for causing the murder of her mother-in-law on 8-3-1980.

( 3. ) THE respondent had filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) on the ground of cruelty as well as desertion. The trial Court found the allegation of cruelty proved, while the ground of desertion was held not proved.

( 4. ) IT is well settled that the desertion must be with intention to leave the matrimonial home for good. In the present case, it is not so. The appellant has been made to remain away from her husband due to the offence she had committed, for which she is undergoing the sentence. Therefore, the lower Court was right in holding that the ground of desertion has not been made out.

( 5. ) THE second groun