JUDGMENT - (1) The appellant before me, in this appeal from order, is the husband. He had made an application in the City Civil Court of Bombay under Section 10 (1) (b) of the Hindu Marriage Act asking for judicial separation from his wife on the ground of cruelty and desertion. The notice of the application was served on the wife and she appeared through counsel, but before the husband led evidence in support of his petition for judicial separation, the husband applied to the learned trial Judge for permission to withdraw his petition which he had filed under Section 10 (1) (b) of the Hindu Marriage Act. The learned trial Judge heard the wife to show cause why permission to withdraw may not be granted. On hearing the parties the learned trial Judge allowed the husband to withdraw the petition which he had made for judicial separation. This order was made on the 10th of August, 1959. Thereafter the wife made an application under Section 25 of the Hindu Marriage Act asking for a provision for her maintenance and the maintenance of the children of herself and her husband. The husband raised a preliminary objection to the entertainment of this application under Section 25 (1) on the g

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