D.V. Sehgal, J. - (1.) This appeal under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter called the Act') is directed against the judgment and decree dated 28-5-1984 of the learned Sub-Judge 1st Class, Patiala, allowing a petition under Sec. 9 of the Act filed by Kulwant Singh respondent-husband and awarding a decree under the said provision against Snit. Rajinder Kaur, wife-appellant.
(2.) It is not necessary to refer in detail to the facts which culminated into the present litigation because after hearing the learned counsel for the parties, I am of the view that this appeal has to be allowed and the petition remanded to the learned trial Court on the question whether the instant petition was not maintainable in view of the fact that the respondent had earlier filed a similar petition but had withdrawn the same on 3-2-1983 without obtaining leave of the Court to file a fresh one on the same cause of action.
(3.) It has been admitted on both sides that the respondent had earlier filed a petition under Sec. 9 of the Act but had withdrawn the same on 3-2-1983. The reason for doing so as set up by the respondent in his petition is that some respectable persons had assured him that a compromise could be effected between the parties if he withdrew the petition but after its withdrawal the appellant had refused to arrive at a compromise with him. The appellant, on the other hand, in her written statement pleaded that in the earlier petition he was burdened with maintenance pendente lite and litigation expenses under Sec. 24 of the Act and he withdrew the same in order to avoid payment of the amount. She denied the allegation with regard to the proposed compromise. The order dated 3-2-1983 Ex. Rule 4 on the record passed by the learned Additional Senior Sub-Judge, Patiala, who was trying the previous petition under Sec. 9 of the Act, is to the following effect : "Present:-Counsel for the parties. In view of the statement of applicant, the application is dismissed as withdrawn. The file be consigned to the record room.";