SHYAM LATA Vs. SURESH KUMAR

JUDGEMENT

(1.) I had occasion to decide F. A. O. No. 20-M of 1984 on May 22, 1984 between the parties, remanding the case to the Additional District Judge, Bhiwani, for decision on a narrow point. Since the decision has been made by the learned Additional District Judge, Bhiwani, against the wife, she is back again in appeal.

(2.) The husband-respondent filed a petition for divorce on 30-3-1983 on grounds of cruelty, thereby alleging in the petition four instances. Earlier to the filing of that divorce petition, the husband had sought for a similar relief on the basis of cruelty based on the said four instances but, later, withdrew his petition on 7-1-1983 and got it dismissed as withdrawn without seeking permission to file a fresh petition on the same cause of action. Later, after present petition for divorce was filed on 30-3-1983, another instance of cruelty allegedly became available to the husband. The learned trial Judge did not permit the husband to maintain his petition on the four grounds of cruelty afore-referred but allowed it to be maintained on the newly acquired fifth ground. That ground is mentioned at serial No. (e) in para 1 of the judgment under appeal;

(3.) The Executive Magistrate had dropped the proceedings under Ss.107/151, Code of Criminal Procedure, by observing as follows :-