S.S.SANDHAWALIA, J.

1. Would a mere allegation of adultery by a spouse against the other made in defence in a written statement, by itself amount to cruelty, within the meaning of Sec.13(1)(ia) of the Hindu Marriage Act is the core question which has necessitated this reference.

2. Because of reasons which appear hereinafter necessitating a remand to the trial court, it suffices to advert briefly to the facts relevant to the issue aforesaid only. The appellant-husband had preferred the petition for the dissolution of marriage against his wife u/s. 13 of the H.M. Act inter alia on the ground of cruelty and desertion. The respondent-wife filed a written statement and subsequently an amendment thereof. Therein whilst denying the factual averments made by the appellant-husband she herself alleged that he had illicit relations with some women in the village and wanted her to leave him forever so that he may either carry on such a liason with them or marry afresh. Equally scurrilous allegation made was that the wife of Sardar Singh, the elder brother of the appellant-husband having died he himself as also his relations wished her to cohabit with Sardar Singh or get Sardar Singh m