JUDGMENT 1. - Heard learned counsel for the appellant. 2. The appellant is aggrieved against the judgment and divorce decree dated 24.5.2005 passed by the Court of District Judge, Bhilwara in Civil Original Case No.46/2004. 3. The facts in brief are that the respondent husband filed a divorce petition against the appellant wife with the allegations that their marriage took place on 20.5.1986. The wife lived with the husband for a few days only but thereafter, she did not discharge her matrimonial obligation and left the house of the respondent husband. In the year 1995, the wife gave birth to one boy, which according to the husband was not his as there was no physical relationship between them, after the appellant wife left the house of the respondent husband. The respondent prayed for divorce on the ground of desertion, cruelty as well as on the ground of immoral life of the appellant. 4. The appellant wife denied the allegations of the respondent husband upon which three issues were framed. One was with respect to the allegation of desertion, second was with respect to the appellant living immoral life and third was due to the cruelty committed by the appellant. 5. The respondent himself appeared as A.W.1 and produced A.W.2 Bharat Kumar and A.W.3 Rajaram in support of his case. The appellant did not appear in the witness box. The respondent also produced a copy of the complaint filed under Sections 499, 500 and 506 IPC by the appellant. 6. The trial court decided the issue of desertion and cruelty in favour of the respondent, however, the issue of immoral life of the appellant was decided against the respondent. The appellant wife has, therefore, preferred this appeal. 7. According to learned counsel for the appellant, the appellant was in Government service and, therefore, she used to live separate from the respondent because of that reason only but she used to live with the appellant regularly and particularly in vacations and the son born to her is of the respondent. It is also submitted that the alleged fact of birth of boy from other person came to knowledge of the respondent in the year 1995 as per the respondent himself, then he filed the divorce petition in the year 2004. It is also submitted that the alleged fact of birth of boy from other person came to knowledge of the respondent in the year 1995 as per the respondent himself, then he filed the divorce petition in the year 2004. That itself shows that the allegation is absolutely false and frivolous and has been levelled to malign the appellant and all story set up by the respondent is concocted story. It is also submitted that the appellant was regularly discharging her matrimonial obligations and that fact has been proved from the evidence of the respondent and his witnesses and the son was born to the appellant by the respondent in the year 1995, then the entire allegation of desertion is absolutely false. 8. I considered the submissions of learned counsel for the appellant and perused the record. 9. The appellant's allegations are that she contracted marriage with respondent on 20.5.1986. The appellant did not live with the respondent except for 7 days. She gave birth to child in the year 1995. So far as the appellant living immoral life is concerned, that issue has been decided by the court below against the respondent and, therefore, is not an issue before this Court in appeal as that has not been challenged by the respondent. 10. The question remains is that of desertion and cruelty. So far as these questions are concerned, there is un-rebutted evidence and it appears from the record of the court below that the appellant after filing the reply to the divorce petition did not took interest and she even did not appear before the court below for reconciliation and the reconciliation failed because of the fact that the appellant herself did not participated in reconciliation proceedings. Not only this, the appellant did not chose to rebut the allegation inspite of the fact that the court below granted sufficient opportunities to the appellant for evidence. 11. In view of the above reason, I do not find that the court below has committed any error of fact or law by relying upon un-rebutted evidence of the respondent husband. 12. Consequently, this appeal having no merits, is hereby dismissed.Appeal dismissed. *******