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1. What is meant by the word "cruelly" in matrimonial law? Is the old English law concept of "danger" applicable in India today?. If wild, reckless and baseless allegations of impotency and lack of manliness are made in the written statement, can this by itself amount to cruelty in matrimonial law?. These are some of the questions which arise for determination in this appeal by the original respondent-wife,

2. At the out-set I must mention that in accordance with the mandate of Section 23(2) of the Hindu Marriage Act, 1955, an attempt was made to bring about a reconciliation between the parties. The wife who is now staying at Delhi had come down to Bombay. However, I am informed by the learned Counsel Mr. K.S.V. Murthy for the appellant-wife and Mr. C. G. Patil for the respondent-husband that despite their efforts to bring about the reconciliation, they have not been successful at all. Unfortunately, the parties are staying separately since September, 1980 i.e. for nearly more than ten years now. There is thus, no alternative left but to decide the matter on merits.

22. I must, however, hasten to add that the learned Judge has while recording a finding on issue No. 3 also considered the effect of the very irresponsible, wild and baseless allegations made by the wife in her written statement alleging lack of manliness and impotency of the husband. Since I have framed a separate point regarding this aspect, I am presently confining my conclusion on the question of cruelty on the basis of the averments made in the petition filed by the husband and his evidence on record.

"There can be no more insulting injury to the wife than her own husband doubting her chastity. It must be held that if such allegations are lightly made and persisted in filing the petition, the husband is not entitled to any relief under Section 9 of the Hindu Marriage Act."

It is true that this Court was not dealing with the question of grant of relief on the ground of cruelty to the wife, but was only dealing with the question as to whether this was a reasonable excuse for the wife to withdraw from the society of the husband. Having held that the husband's making wild and baseless allegations was a reasonable excuse for the wife to withdraw from the society of the husband, the High Court allowed the wife's second appeal and dismissed the husband's petition for restitution of conjugal rights.

"All matrimonial proceedings need to be decided expeditiously. It is desirable that matrimonial litigation be shortened, in fact Section 21-B of the Act requires it and multiplicity of proceedings of matrimonial nature be prevented."

It is evident from para 43 of the judgment in the Delhi case that the wife having failed to justify the allegations made by her, it was held that on account of false and baseless allegations made by her in the written statement, she was guilty of the charge of cruelty to the husband and the husband was held entitled to a decree for divorce on this ground alone. In the result, the wife's appeal was dismissed. I am in respectful agreement with the view expressed by the Delhi High Court in Savitri's case .