RAJDEEP Vs. GURMEET SINGH

JUDGEMENT

(1.) Cruelty as a ground for matrimonial relief is defined as conduct of such character as causes or is likely to cause danger to life, limb or health, body or the mind, or as to give rise to a reasonable apprehension of such danger. The concept of cruelty has varied from time to time, place to place, individual to individual. Cruelty is antithetical to love and affection. Between a husband and a wife cruelty would be a conduct which destroys the soft feeling of concern for each other and the sense of togetherness which is the bed -lock of a healthy matrimonial relationship. Such conduct which assumes a level where parties cannot reasonably be expected to live together would be cruelty of the kind warranting the matrimonial bond to be snapped. The factors of each case must be considered and the accusations and allegations must be viewed in the context in which they were made. Whether a spouse is guilty of cruelty is essentially a question of fact. The distinction between ordinary wear and tear of marriage vis -a -vis grave and weighty conduct so as to make cohabitation virtually unbearable has to be kept in mind.

(2.) The preamble statement above, if read by a lay person, would result in the person forming an opinion that it is very easy for a Judge to decide a matrimonial dispute because the contours of law are so well defined that cases on either side of the line can be identified with precision.

(3.) Alas! This is not so. Human relations are built on feelings. Not on reason or logic. Feeling is not an exact science; it has vagueness around it. Law and justice is built on reason and logic ­ not feelings. Therefore the process of judicial decision making in matrimonial affairs is riddled with complications. To a person who is weathered by time and circumstances and whose emotions have been overcome by the vagaries of time, a hard word spoken may be inconsequential. To a soft minded person, where feelings matter more, even the most trivial word would be cruel. More the love ­ more the affection. But the danger would be that a slightest dent would break the edifice.