( 1 ) THIS is an appeal under Clause 10 of the Letters Patent by the appellant/ defendant, the wife, against the judgment and decree dated 27-11-1984, passed by a learned Single Judge of this Court in First Appeal No. 29 of 1984 (decision reported in AIR 1986 MP 138), preferred against ex-parte judgment and decree for judicial separation passed under S. 13-A of the Hindu Marriage Act, 1955, for short, the 'act' by the District Judge, Gwalior, on 15-9-1981.

( 2 ) MATERIAL facts giving rise to this appeal are these. Respondent was married to appellant according to Hindu rites in November, 1978, at Morar, Gwalior. From the wedlock, a son Jitendra Kumar and a daughter, Kumari Chandni, aged 3 years and 1 year respectively, on the date of institution of the suit, were begotten to them. The respondent claimed dissolution of marriage by a decree of divorce under S. 13 (1) (i-a) of treating the husband with cruelty as the appellant used to tease him by making allegations and aspersions against the husband of his illicit relationship with his sister-in-law (brother's wife ). It is also averred that applicant used to make similar false allegations and used to apprehend that she