S NARASIMHA BHANDARY Vs. V VIJAYA BAI

JUDGEMENT

(1.) The appellant is the husband of the respondent. They were married on 4-12-1966. The appellant filed a petition under Section 10(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) in M. C. 3 of T971 on the file of the Civil Judge, Mangalore, for judicial separation from the respondent on the ground that the respondent had without any justifiable reason deserted him. The respondent contested the petition. In the course of her statement of objections filed in that case, she pleaded that she was staying away from her husband on account of cruelty on the part of her husband and that she was not willing to stay with him. The court ultimately upheld the case of the appellant and passed a decree for judicial separation on 17-7-1972.

(2.) The respondent, thereafter filed a petition under Section 10(2) of the Act on the file of the Civil Judge, Mangalore, out of which this appeal arises, requesting the Court to rescind the decree for judicial separation. In the course of that petition, she pleaded that on 'deep reflection' she felt that she had committed a mistake in not going back to her husband's house when he asked her to do so before the petition for judicial separation was filed and that she was willing to rejoin her husband and live with him. The rest of the allegations in the petition related to the allegations and counter-allegations which had been made in the previous case. The appellant opposed the petition filed under Section 10(2) of the Act.

(3.) The Court below allowed the petition. In the course of its order, it observed as follows :