FACTS-Respondent-husband filed a divorce petition on grounds of cruelty and adultery. Appellant-wife moved an application under Order VII Rule 11(d) CPC read with Section 23 (1) (b) of the Hindu Marriage Act. The application was rejected on grounds that such application could not be entertained at the stage of cross-examination of DW-1 and the case had been expedited by the High Court.

ISSUE- - Whether Divorce Petition Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated?

OBSERVATION-The Court held that merely because in the petition it was stated that the husband had condoned the adultery and lived with the wife, it cannot be said that subsequent adultery by the wife was condoned. The Court held that one paragraph of the petition cannot be read in isolation to the other averments made in the divorce petition. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition.

The Court held that merely because the husband had condoned the actions of the wife once, does not mean there was no cause of action after that one incident. Any act is condoned with the condition that the same shall not be repeated. Court held that the divorce petition was not filed solely on grounds of adultery. The husband had sought divorce on grounds of cruelty also.Accordingly, the appeal filed by the appellant-wife was dismissed.