Bhat, J.

The appellant in the above appeal who is the petitioner in the two Miscellaneous Petitions is the wife of the respondent.

2. They were married on 17-6-1982 and fell out in 1986 and thereafter they have been residing separately. In June 1986, both parties together filed a petition before the Subordinate Judge's Court, Hosdurg under S.13B of the Hindu Marriage Act, 1955 praying for a decree of divorce based on their consent. The case was adjourned for the statutory period of six months at the end of which the wife resiled from the consent and the petition was dismissed. In 1987 the husband filed O.P. 32 of 1987 before the Subordinate Judge's Court, Hosdurg seeking decree of divorce under Ss.13(1)(i) and 13(1)(ia), that is, on grounds of adultery and cruelty. The petition was resisted by the wife, but was allowed by learned Subordinate Judge on the ground of adultery under S.13(1)(i) of the Act. The ground of cruelty urged was negatived. The decree for

divorce was passed on 30-1-1988. That decree is challenged by the wife in the appeal filed 0114-3-1988. The appeal has been pending before us for over three years. On 2

4-1991 the parties filed CMP 1829 of 1991 under O