USHA GUPTA Vs. RAM KUMAR GUPTA

JUDGEMENT

(1.) "It is submitted that the proper approach still is; was the conduct of such a grave and wide nature as to make cohabitation virtually impossible. The conduct complained of must be serious. It must be much higher than the ordinary wear and tear of married life ......................to obtain matrimonial order on the ground of cruelty it must be proved that one partner in the marriage, however, mindless of consequence has behaved in a way which the other spouse could not in the circumstances be called upon to endure and that misconduct had caused injury to health or a reasonable apprehension of such injury. There are two sides to be considered in a case of cruelty; from this complainant's side ought this complainant to be called to endure the conduct; from the defendant's side, was this conduct excusable." Applying the aforesaid test to the facts of the present case, it is an admitted fact that their respondent and his father had to face a lengthy vigilance enquiry and proceedings before the Executive Magistrate. The proceedings before the Executive Magistrate also went on for number of hearings and running into over six months. In the pleadings as also in the evidence, the respondent and his father have deposed that because of these complaints they suffered mentally as well as physical agony and all this has result in cruelty injuring their reputat on. No exception can be taken to the fact that such false complaints have unnecessarily harassed the respondent and he must have suffered mental agony as stated by him. Such agonies necessarily would cause mental injury and in any case gives rise to a reasonable apprehension of such a danger. In the circumstances, it has to be held that the acts of the appellant amount to legal cruelty. Appeal dismissed.