ORDER

1. This petition is arising out of the order passed by the Family Court in a pending petition of divorce and as such, with the consent of learned counsel for the parties, the matter is finally heard.

2. This petition is under Article 227 of the Constitution of India filed against the order dated 17.3.2021 passed in a case No.847 of 2019 wherein the application of the wife/ present petitioner filed under Order 1 rule 10 of the Code of Civil Procedure has been rejected by the Court i.e. First Additional Principal Judge, Family Court, Bhopal.

3. The facts in compendium leading to filing of the instant petition are as under :--

(3.1) A petition has been filed by the respondent/husband under section 13(a)(c) of the HINDU MARRIAGE ACT , 1955 seeking decree of divorce against the wife/present petitioner on the ground of cruelty.

(3.2) The ground of cruelty is based upon the allegations made by the wife/present petitioner against the husband/respondent that he is in illicit relationship with one Sanghmitra Singh and as per the husband this allegation is absolutely false and incorrect.

(3.3) In the divorce petition, the cause of action arose only when the wife alleged illicit relations