16 Thus, a case is made out in paragraph 31-b is that the wife returned to the suit premises in September 2003 with the object of harassing the husband and extract money from him. We may note here paragraph 31-b was incorporated by way of amendment. In the petition, as originally filed, it is not the case made out by the husband that any time after March 2002 either he called upon the wife to resume co-habitation or that he made any efforts for ensuring that the wife resumes co-habitation. It is not the case of the husband either in the unamended petition or in the amended petition that though the wife was called upon by him to resume the co-habitation, she did not resume the cohabitation. On the contrary, the petition filed on 7th Separation 2003 seeks a decree of divorce on the ground of cruelty. At this stage, we may also note that in the original petition, there is a prayer made for passing a decree of mandatory injunction directing the wife to remove herself from the suit premises. Thus, on the one hand, the husband approached the Family Court with a prayer to virtually evict the wife from the suit premises which she was claiming to be the matrimonial home and that the said prayer was persisted with by the husband, and on the other hand, by adding only one paragraph which is quoted above, a decree of divorce was sought on the ground
