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4. On the basis of the pleadings, the Court below raised the following points for consideration :

"Point No. 1: Whether the respondent has treated the petitioner with cruelty?

Point No. 2:    Whether the respondent is guilty of constructive desertion?
Point No. 3:    Whether the petitioner is entitled to a Decree of Divorce? 
 

In support of their rival contentions, both parties led evidence, both oral and documentary. The trial Court upon appreciation of the entire evidence, found that the attitude of the respondent towards his wife/appellant was always affectionate. It was he who had encouraged the appellant to study Library Science and enabled her to take the M. Lib Science; and in none of his letters he expressed any ill-will or criticised the way of living of the appellant. So observing, the Court below held that the appellant had failed to prove that the respondent treated her with cruelty. Regarding constructive desertion, the Court below found that the appellant failed to establish that the respondent deserted her; but, on the other hand, the appellant herself wanted to put an end to the marital relationship. While observing so, the Court held that the appellant is not entitled for a decree of divorce. Aggrieved by the said judgment of the Court below, the appellant has preferred this appeal contending, inter alia, that, when both parties live separately, the Court below should have granted a decree of divorce as there is no chance of re-conciliation and that, when the conduct of the respondent has resulted in an act of desertion, the Court, below should have granted the relief, viz., decree of divorce.