JAI DAYAL Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) The appellant has filed this appeal to challenge the judgment and decree dated 18.7.1998, whereby the Matrimonial Court had dissolved the marriage between the parties by a decree of divorce. A few facts relevant for deciding this appeal are:-

(2.) In reply to these allegations, the appellant has not denied in the written statement that he had levelled such allegations. He admitted having served the legal notices dated 6.12.1996 and having filed a complaint dated 9.5.1997 with the police for stopping the alleged wrongful interference of Kishore Kumar in the life of the parties.

(3.) On these pleadings of the parties the Matrimonial Court framed an issue as to "whether the appellant has treated the respondent with cruelty." After recording the evidence of the parties and hearing arguments the Matrimonial Court came to the conclusion that the levelling of false allegations by the appellant about the respondent having alleged illicit relations with Kishore Kumar amounted to mental cruelty. It was held that if a spouse makes false allegations about the character of other spouse, the same will amount to mental cruelty. The Court, therefore, held that the appellant had treated the respondent with cruelty and accordingly dissolved marriage between the parties by a decree of divorce. As already mentioned above, this decree has now been challenged by filing the present appeal.