SURESH KUMAR Vs. SHAM LATA

JUDGEMENT

(1.) THIS is an appeal under clause X of Letters Patent against the judgment of the learned Single Judge dismissing the application of husband for divorce.

(2.) THE husband filed a petition for divorce prior to the filing of the instant application alleging four instances of cruelty. The petition was withdrawn on January 7, 1983, without seeking permission of the Court to file a fresh petition on the same of action. The petition for divorce giving rise to the present appeal was filed on June 30, 1983, on the ground that a fresh ground of divorce had become available to him, which was not the subject -matter of the earlier petition. The fresh instance of cruelty, which was made the subject -re after of the present petition, reads as under -

(3.) THE wife came up in appeal to this Court against the order of the trial Judge and the learned Single Judge came to the conclusion that the mere fact that the husband and his relatives had to face the enquiry under Sections 107/151 of the Code of Criminal Procedure, and that proceedings were dropped by the learned Executive Magistrate, does not per se establish that the prosecution was false and observed as under: