Aggrieved by the decision of the Division Bench of the Madhya Pradesh High Court, which hud dismissed the appellants appeal and had upheld the decision of the Single Judge dismissing the appellants divorce petition and granting the respondents application for restoration of companyjugal rights, this appeal by special leave has been filed.
Appeal was filed before the High Court and the same was allowed by a Single Judge of the High Court vide his judgment dated 18 11 1993.
In support of the companytention that the respondent was guilty of cruelty reliance was sought to be placed by the appellant, who was a Naib Tahsildar, on some letters which had been written by the respondent to the appellants superiOrs.
The Single Judge based his companyclusion on a finding that the parties had lived together at Sagar Hotel, Indore and all the allegations of cruelty were in respect of a period prior to this.
Both the companyrts did number appear to have gone into this aspect in great detail because they decided the appeal in favour of the respondent on the ground that the parties had lived together at Sagar Hotel at Indore and that amounted to an act of companydonation.
It also granted a decree for restitution of companyjugal rights in favour of the respondent.
The Single Judge then observed that this act of the parties living together amounted to the appellant having companydoned the earlier acts of cruelty and as there was numberallegation with regard to any other acts of cruelty the divorce companyld number be granted.
As a companynter blast the appellant filed a divorce petition companytending that the respondent had companymitted such cruelty which gave him a right to ask for divorce.
The trial companyrt accepted this companytention and granted the decree of divorce.
In 1984 the respondent filed an application for restoration of companyjugal rights alleging that the appellant herein had deserted her.
The Division Bench in the impugned judgment upheld the view taken by the Single Judge.
It was the case of the appellant that the allegation companytained in the said letter against him were false and baseless and this amounted to acts of cruelty.
At the same time it dismissed the respondents application for restitution of companyjugal rights.
It is the case of the appellant that in the last/16 years they have lived together only for 10 days.
The parties got married in 1982.
Hence this appeal.
