G.D. Saxena, J.—This appeal is by the appellant wife against the judgment dated 16th December, 2011 in a Civil Case No.40A/2007 (HMA) of the Additional Principal Judge, Family Court, Gwalior (M.P.), granting a decree of divorce on the ground of adultery and cruelty in favour of respondent husband under Section 13(1)(i)(ia) of the Hindu Marriage Act 1955, while dismissing her petition filed under Section 9 of the Act for restitution of conjugal rights by the same judgment in Civil Case No.39A/07.

2. The facts are quite simple. The appellant married the respondent on 21st May, 2005 according to the rights of the Hindu religion. Immediately after the marriage, the husband and wife lived together at their permanent residence at Gwalior and later the respondent went back to join his duty. On 7th February 2006, when the respondent husband came on leave to his house he marked some changes in the behaviour of his wife. She did not allow him to perform conjugal relations. On 14th February 2006, he saw his wife in an objectionable position in making sexual relations with his younger brother Satyendra Singh. In the month of June 2006, she and his younger brother left the house of Gwali