Kuppuswami Ayyar, J.

1. This is a petition by the wife against the order dismissing her petition filed Under Section 488, Criminal P.C. The Magistrate has found that there was no cruelty on the part of the husband and he also found that there was no neglect. The husband appears to be living with his parents and there had not been much of cordiality between the parents and the petitioner with the result that she left the house and has not returned to the husbands. After waiting for some years the husband has married a second wife. He offered to take back the petitioner but she refused to go and live with him. Hence the Magistrate dismissed the application.

2. I see no reason to interfere with the finding on the facts by the Magistrate that there was no cruelty or neglect. It is urged however for the petitioner that the offer of the husband to take her back ought not to have been accepted as a bona fide one and reliance is placed for this on the decision in Sundarammal v. Palaniandi Mudali AIR1940Mad292 . But that was a case in which there was evidence that the husband was guilty of having ill-treated the wife and it was the apprehension of physical ill-treatment that made her ref