N.K.KAPOOR, J. - (1.) THIS Letters Patent Appeal is against the judgment of the learned Single Judge dismissing the appeal of the appellant filed against the judgment and decree of the Additional District Judge.
(2.) THE appellant-husband sought a decree of divorce on the ground of mental cruelty caused to him by his wife. To support this plea, reliance has been placed upon the written statement filed by the respondent-wife in the earlier petition filed by the appellant seeking identical relief on the ground of desertion. Besides this, reference was made to certain complaints filed by one Ramesh Gupta and publication of a news item in a local paper edited by Sh. D. R. Gupta, who as per appellant, acted at the behest of the respondent with a view to harass and malign him in public eye. The respondent wife appeared, filed written statement and denied the allegations of mental cruelty leveled against him. She also categorically denied having got complaint filed through Ramesh Gupta or being instrumental in publication of the news item in the local paper edited by Shri Gupta. In addition thereto, objection was taken with regard to the maintainability of the present petition under Order 2 Rule 2 of the Code of Civil Procedure.
(3.) ON the pleadings of the parties, following issues were framed:1/ Whether the respondent had treated the petitioner with cruelty and the marriage between the parties is liable to be dissolved for the reasons given in paras No. 4 (v) (a) to (f) of the petition: OPA. 2/ Whether the allegations made in para Nos. 4 (v) (b) (c), (d) and (e) had been considered in the previous litigation between the parties? If so, to what effect? OPD. 3/ Whether the petitioner had not condoned the alleged acts of cruelty on the part of the respondent? OPA. 4/ Whether the petition is hopelessly delayed and is liable to be rejected as alleged in the preliminary objection No. 1? OPR. 5/ Whether the present petition is barred under Order 2 Rule 2 CPC as alleged in the preliminary objection No. 2? OPR. 6/ Whether the petition is not maintainable as alleged in the preliminary objection No. 3? OPR. 7/ Whether the petition has been filed with a malafide intention in order to harass the respondent and is liable to be rejected as alleged in the preliminary objection No. 4? OPR. 8/ Relief. ;