Earlier wife filed a divorce petition u/s. 13(1) (i a) of HMA by mentioning allegations of cruelty. The stages of Reply, frame issues, evidences and cross examination of parties had been completed in this case and the case was reaching on arguments stage. Then, the divorce petition was converted to mutual consent divorce petition u/s.13B of HMA by the consent of both the parties. Then, husband had withdrawn his consent from the petition u/s. 13B of H.M. Act (mutual consent divorce) after the next court date of filing the petition by showing valid reason that he does not want divorce and want to sustain happy marriage life and the consent was given under force. Then, the petition had been disposed by Family Court. Now again, wife has filed a fresh divorce petition u/s. 13(1) (i a) of HMA in family court by mentioning same old allegations of cruelty and adds the new allegation that husband has withdrawal consent from MCD petition to harass his wife and the act of husband of withdrawal of consent from MCD petition has treated her with cruelty.
- Whether the fresh divorce petition/suit filed by wife is barred under Order 23 Rule 1(4) of C.P.C.?
- Does this act of husband amount to Cruelty?
