M.H. BEG, J. :This is a second appeal by a wife who had filed a petition under Sec. 10 of the Hindu Marriage Act (hereinafter referred to as the Act) for Judicial separation against her husband the respondent Kampta Prasad. The husband too had filed a petition under Sec. 9 of the Act against the appellant for the restitution of his conjugal rights to him before the appellant's petition for judicial separation. Both the proceedings were consolidated and the evidence led by both the parties was common and the two cases were disposed of by a common judgment. The trial court dismissed both the petitions. In each of the two proceedings there was a separate issue on the question whether the respondent had treated the appellant with such a cruelty as to cause a reasonable apprehension in the mind of the appellant that it will be harmful or injurious for her to live with the respondent. The two separately framed issues on the same question were considered and decided as one common issue in the consolidated proceedings. While discussing this issue, the trial court took one allegation after another made by the wife against the husband, and held some allegations not to have been prov