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1990 Supreme(Bom) 498

A.V.SAVANT
Nirmala Manohar Jagesha – Appellant
Versus
Manohar Shivram Jagesha – Respondent


JUDGMENT - SAVANT A.V., J.:---What is meant by the word "cruelty" 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 outset 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.

3. This appeal by the wife seeks to challenge the judgment and decree dated 30th April, 1983 pas







































































































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