G.R. Majithia, J. - (1.) THIS is an appeal under clause X of Letters Patent against the judgment of the learned Single Judge dismissing the application of husband for divorce.
(2.) THE husband filed a petition for divorce prior to the filing of the instant application alleging four instances of cruelty. The petition was withdrawn on January 7, 1983, without seeking permission of the Court to file a fresh petition on the same of action. The petition for divorce giving rise to the present appeal was filed on June 30, 1983, on the ground that a fresh ground of divorce had become available to him, which was not the subject -matter of the earlier petition. The fresh instance of cruelty, which was made the subject -re after of the present petition, reads as under - That the Respondent moved an application on 10.8.1982 before the Senior Superintendent of Police. Bhiwani, levelling false allegations against the Petitioner; his parents, brothers and brothers' wives, who were arrested by the police on 12.8.1982 and prosecuted under Sections 107/151 of the Criminal Procedure Code. Ultimately, the complaint was found baseless and dismissed on 4.2 1983 for want of prosecution. Such act of the Respondent has lowered the Petitioner in the eyes of his friends and public in general and the Petitioner has suffered loss in prestige. The learned trial Judge, after recording evidence, came to the conclusion that the wife had made serious add false allegations against the husband leading to his arrest and his family members and such acts on her part amounted to cruelty entitling the husband to a decree of divorce.
(3.) THE wife came up in appeal to this Court against the order of the trial Judge and the learned Single Judge came to the conclusion that the mere fact that the husband and his relatives had to face the enquiry under Sections 107/151 of the Code of Criminal Procedure, and that proceedings were dropped by the learned Executive Magistrate, does not per se establish that the prosecution was false and observed as under: Such a matter, as the present one, has indeed to be viewed oh broad probabilities when, in every married life where parties fall apart, they voice loud their grievances, stating one thing at one time and omitting to mention it at another. Every thing, what a spouse says against another, if remained unproved, is not always wrong and, if wrong, not always deliberately false, and if false, not necessarily cruel, and if cruel, not necessarily of such a magnitude so as to come within the ambit of ' cruelty on the strength of which, divorce can be granted Legal cruelty in the context, is far the above cruelty understood in the ordinary sense.;